Pennsylvania § 13401 - Establishing and changing watercourses, flood protection projects and storm water systems.

§ 13401. Establishing and changing watercourses, flood protection projects and storm water systems.

(a) General rule.--Subject to obtaining, if required, the authorization of the Federal Government and the Department of Environmental Protection, a city may, by ordinance, do any of the following:

(1) Realign, change or vacate the channels, beds and mouths of watercourses through lands, marshes or waters in or adjacent to the city, subject to the limitations in the act of August 7, 1936 (1st Sp.Sess., P.L.106, No.46), referred to as the Flood Control Law, the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law, the act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act, and 26 Pa.C.S. § 206 (relating to extraterritorial takings).

(2) Confine, pave or completely enclose watercourses within the city.

(3) Prevent and remove obstructions and encroachments from watercourses and the banks of streams that threaten or injure the city or property in the city at the expense of those that caused the obstruction or encroachment through proceedings at law or equity.

(4) Construct and maintain dams in a watercourse flowing through the city, or partly within and partly outside its corporate limits, for the purpose of improving the public health, safety and welfare in the city.

(5) Plan and provide for projects, infrastructure and improvements as a means of managing and controlling storm water, which may include, but need not be limited to, the transport, storage and infiltration of storm water and other innovative techniques identified in the county-prepared watershed plans pursuant to the act of October 4, 1978 (P.L.864, No.167), known as the Storm Water Management Act.

(6) Plan and provide for projects, infrastructure and improvements as a means of providing flood protection pursuant to the Flood Control Law.

(b) Condemnation and taking of property.--A city may, for the purpose of this section, purchase, acquire, enter upon, take, use and appropriate private property and materials as necessary. Condemnation proceedings shall be pursuant to the procedures in 26 Pa.C.S. (relating to eminent domain), and any takings of property outside the limits of the city shall be subject to the limitations in 26 Pa.C.S. § 206.

Cross References. Section 13401 is referred to in section 13407 of this title.