1. (a) If the applicant does not have an estate or interest in the submerged lands of this Commonwealth under other specific authority from the General Assembly at the time of application for a permit under the act, the Department may, with the approval of the Governor, grant an easement, right-of-way, license or lease to occupy submerged lands of this Commonwealth in a navigable lake or river or stream declared a public highway for a dam, water obstruction or encroachment regulated under this chapter which is constructed for the purpose of:

   1. (1) Improving navigation or public transportation.
   2. (2) Recreation, fishing or other public trust purposes.
   3. (3) Protecting public safety or the environment.
   4. (4) Providing water supply, energy production or waste treatment.
   5. (5) Providing a public utility service by a government agency or subdivision, public utility or electric cooperative.
   6. (6) Other activities which require access to water.
2. (b) The total area of land which any such project may occupy under one or more easements, rights-of-way, licenses or leases granted by the Department under this section may not exceed 25 acres.

Source

The provisions of this § 105.32 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial pages (38855) to (38856).

Cross References

This section cited in 25 Pa. Code § 105.25 (relating to transfer of permits); 25 Pa. Code § 105.31 (relating to property rights); and 25 Pa. Code § 105.35 (relating to charges for use and occupation of submerged lands of this Commonwealth).