Inspections

Act 166 of 1978, § 403, under FLOOD PLAIN MANAGEMENT ACT.

Act 166 of 1978, § 403

Section 403. Inspections.

(a) An agent or employee of the Pennsylvania Emergency Management Agency, the Department of Environmental Protection, or of a municipality administering flood plain management regulations shall have the power and duty to, upon presentation of proper credentials:

(1) Enter any land for the purpose of surveying flood plains.

(2) Enter any land in a flood plain for the purpose of ascertaining the location and condition of obstructions.

(3) Enter land or, while under construction, any structure located in a flood plain for the purpose of ascertaining the compliance or noncompliance with the flood plain management regulations adopted pursuant to this act.

(b) Whenever an agent or employee of the Pennsylvania Emergency Management Agency, the Department of Environmental Protection, or municipality charged with the enforcement of the provisions of this act has been refused access to property for the purposes of conducting a survey or inspection as authorized by this section or reasonably requires access to such property without prior notice to the owner, such agent or employee may apply for an inspection warrant to any Commonwealth official authorized by law to issue a search or inspection warrant to enable him or her to have access and inspect such property. It shall be sufficient probable cause to issue an inspection warrant that the inspection is necessary to properly enforce the provisions of this act.

(403 amended July 11, 2022, P.L.738, No.65)

Compiler's Note: See section 5 of Act 65 of 2022 in the appendix to this act for special provisions relating to continuation of prior law.