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Pennsylvania Code



Subchapter MM. UPPER DELAWARE FEDERAL SCENIC RIVER


Sec.


1.471.    [Reserved].
1.472.    Program objectives.
1.473.    Upper Delaware Council.
1.474.    Cooperation by State agencies.
1.475.    Force and effect.
1.476.    Recission.

Source

   The provisions of this Subchapter MM adopted by Executive Order No. 1989-2, dated February 16, 1989, 19 Pa.B. 1164; amended by Executive Order No. 2003-5, dated June 22, 2003, 33 Pa.B. 3476. unless otherwise noted. Immediately preceding text appears at serial pages (227441) to (227443).

§ 1.471. [Reserved].

§ 1.472. Program objectives.

 (a)  The objectives of the Upper Delaware Federal Scenic River designation are to:

   (1)  Protect and maintain the unique scenic, cultural and natural qualities of the Upper Delaware River corridor including its rare and endangered plant and animal species and rare and natural habitats.

   (2)  Maintain and enhance the corridor’s social and economic vitality and its diversity consistent with efforts to protect the recognized values of the river corridor.

   (3)  Conserve the resources of the Upper Delaware primarily through the use of existing local and State land use controls and voluntary private landowner actions with local land use ordinances.

   (4)  Protect private property rights and allow for the use and enjoyment of the river corridor by both year-round and seasonal residents.

   (5)  Provide for planned growth consistent with local ordinances to ensure optimum use of existing public services while maintaining and conserving the essential character of the river valley.

   (6)  Maintain and improve fisheries and wildlife habitat to ensure the continued public enjoyment of hunting, fishing and trapping consistent with State laws.

   (7)  Foster a public recognition of the Upper Delaware River Valley as a place with its own identity, continuing history and destiny to be shaped by its residents.

   (8)  Provide for the continued public use and enjoyment of a full range of recreation activities as is compatible with the other goals.

   (9)  Encourage maximum local government official, private landowner, private group and citizen involvement in the management of the Upper Delaware.

 (b)  The program will involve affected State agencies to ensure that existing authorities are used to implement the policies and management techniques identified as necessary for river management purposes.

§ 1.473. Upper Delaware Council.

 The Secretary of the Department of Conservation and Natural Resources is the Commonwealth’s appointed representative to the Upper Delaware Council.

§ 1.474. Cooperation by State agencies.

 (a)  The Department of Conservation and Natural Resources is the single State agency to receive and administer Federal grants for implementing the management program of the Upper Delaware Federal Scenic River.

 (b)  The Department of Conservation and Natural Resources, Division of Greenways and Conservation Partnership, shall provide technical advice and assistance in the administration of this program, coordinate its activities with other agencies involved in the program, and act as a forum for conflict resolution among agencies in connection with their responsibilities under this subchapter.

 (c)  To the maximum extent permitted by law, all administrative departments, independent administrative boards and commissions, and other State agencies shall act consistently with the goals, policies and objectives of the Upper Delaware Scenic River Management Plan and provide for adequate consideration of the National interest involved in planning for and siting of facilities and the use of resources in the Upper Delaware Scenic River corridor when the planning, siting and uses are of more than local interest.

 (d)  Each administrative department, independent administrative board and commission, and other State agencies shall notify the Department of Conservation and Natural Resources, Division of Greenways and Conservation Partnership, of proposed activities having an affect upon Delaware River resources.

 (e)  Conflicts among fiscal, development, service or regulatory activities of State agencies which have a direct and significant impact on the Upper Delaware River resources and cannot be resolved through available administrative mechanisms will be resolved by the Governor.

§ 1.475. Force and effect.

 This subchapter shall remain in effect as long as the Upper Delaware Scenic River Management Plan is in effect.

§ 1.476. Rescission.

 Executive Order 1989-2 is rescinded.



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