Section 10. Inspections.
(a) An agent or employee of the department or of a municipality administering bluff setback ordinances and regulations shall have the power to, upon presentation of proper credentials:
(1) Enter any land for the purpose of surveying bluff recession hazard areas.
(2) Enter any land in a bluff recession hazard area for the purpose of ascertaining the location of structure or structures.
(3) Enter land or any structure located in a bluff recession hazard area for the purpose of ascertaining the compliance or noncompliance with the bluff setback ordinance and regulations adopted pursuant to this act.
(b) Whenever an agent or employee of the department or a 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.
(10 amended July 7, 2011, P.L.301, No.72)
Compiler's Note: The Department of Environmental Resources, referred to in this section, was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.