Navigable Waters

KANE, Attorney General, ANDERSON, Assistant Attorney General, YAKOWICZ, Solicitor General,

This is in response to your request for an opinion concerning the issuance of permits under the Water Obstructions Act for facilities to be located below the low-water mark of a navigable river or stream. Since the Commonwealth owns the bed of the river or stream below the low-water mark, you have asked if it is necessary for an applicant for a water obstruction permit to obtain an easement or other interest in the land from the Commonwealth before the permit can be granted. It is our opinion, and you…