Civil remedies

Act 166 of 1978, § 502, under FLOOD PLAIN MANAGEMENT ACT.

Act 166 of 1978, § 502

Section 502. Civil remedies.

(a) Any obstruction or conduct in violation of this act or of any flood plain management regulations is hereby declared a public nuisance.

(b) Suits to restrain, prevent or abate violation of this act or of any flood plain management regulations may be instituted in equity or at law by the Pennsylvania Emergency Management Agency, the Department of Environmental Protection, any affected county or municipality, or any aggrieved person. Such proceedings may be prosecuted in the Commonwealth Court, or in the court of common pleas of the county where the obstruction exists, conduct occurs, or the public affected, and to that end jurisdiction is hereby conferred in law and equity upon such courts. Except in cases of emergency where, in the opinion of the court, the circumstances of the case require immediate abatement of the unlawful obstruction or conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the unlawful obstruction or conduct shall correct or abate the same. The expense of such proceedings shall be recoverable from the violator in such manner as may now or hereafter be provided by law.

(502 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.

Compiler's Note: Section 504 of Act 164 of 1980 provided that section 502 is repealed insofar as it is inconsistent with Act 164.