PRINTER'S NO. 3302
No. 2468 Session of 1988
INTRODUCED BY PITTS, MORRIS, HERSHEY, FLICK, E. Z. TAYLOR AND
VROON, MAY 16, 1988
REFERRED TO COMMITTEE ON CONSERVATION, MAY 16, 1988
AN ACT
1 Designating the Lower Brandywine in Chester and Delaware
2 Counties as a component of the Pennsylvania Scenic Rivers
3 System; requiring cooperation and coordination by State
4 agencies in implementing the purposes of the Pennsylvania
5 Scenic Rivers Act; limiting liability; and authorizing the
6 expenditure of moneys to further the purposes of this act.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title.
10 This act shall be known and may be cited as the Lower
11 Brandywine Scenic Rivers Act.
12 Section 2. Legislative findings and purposes.
13 The Department of Environmental Resources has, in accordance
14 with the act of December 5, 1972 (P.L.1277, No.283), known as
15 the Pennsylvania Scenic Rivers Act, fulfilled its obligations
16 and responsibilities prerequisite to the designation of the
17 Lower Brandywine and certain segments of its tributaries as a
18 component of the Pennsylvania Scenic Rivers System. The
19 designation of this component is for the purposes of protecting
1 its free and unimpounded flow and of conserving and protecting
2 its pastoral and scenic qualities and historic characteristics
3 in accordance with the policy and provisions of the Pennsylvania
4 Scenic Rivers Act.
5 Section 3. Designation and classification.
6 (a) Designation.--The main stem and the East and West
7 Branches of the Brandywine in Chester and Delaware Counties plus
8 Pocopson Creek, Valley Creek, Broad Run, Buck Run, Doe Run and
9 two unnamed tributaries in Newlin Township and related adjacent
10 land area as it extends from the Delaware State line to south of
11 Coatesville and Downingtown are designated a component of the
12 Pennsylvania Scenic Rivers System under the act of December 5,
13 1972 (P.L.1277, No.283), known as the Pennsylvania Scenic Rivers
14 Act. The boundaries and termini of the component have been
15 defined by the Department of Environmental Resources and are
16 shown on the five maps entitled "Lower Brandywine Scenic Rivers
17 Project" which are on file and available for public inspection
18 in the Division of Land Records, Historical and Museum
19 Commission of the Commonwealth of Pennsylvania.
20 (b) Classification.--Segments of the component are
21 classified as follows:
22 (1) Brandywine main stem - Pennsylvania-Delaware line,
23 including the 1.1 mile horseshoe bend at the Pennsylvania-
24 Delaware line in Birmingham Township, Chester County, to
25 confluence with the East and West Branches above Lenape - 9.7
26 miles - Pastoral.
27 (2) Pocopson Creek - Confluence with main stem
28 Brandywine to State Route 842 - 6.5 miles - Pastoral.
29 (3) East Branch, Brandywine - Confluence with main stem
30 and West Branch to Penn Central overpass - 7.4 miles -
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1 Pastoral.
2 (4) Valley Creek - Confluence with East Branch to Penn
3 Central overpass - 2.8 miles - Pastoral.
4 (5) West Branch, Brandywine - Confluence with main stem
5 to Wawaset Bridge - 0.75 miles - Pastoral.
6 (6) West Branch, Brandywine - Wawaset Bridge to a point
7 1600 feet downstream of Modena Borough Boundary, including
8 1.8 miles of Green Valley Stream and 2.2 miles of an unnamed
9 Newlin Township Tributary from Glenhall to Cannery - 16.25
10 miles - Scenic.
11 (7) Broad Run - Confluence with West Branch Brandywine
12 to Beacon Hill Road - 4.85 miles - Pastoral.
13 (8) Buck Run - Confluence with West Branch Brandywine to
14 1.4 miles upstream of Log Cabin Road Crossing - 11.0 miles -
15 Pastoral.
16 (9) Doe Run - Confluence with Buck Run to Fernwood Road
17 - 6.6 miles - Pastoral.
18 Section 4. Management responsibilities.
19 The Department of Environmental Resources shall exercise
20 administrative responsibilities in implementing the "State
21 Agency Management Guidelines for the Lower Brandywine and
22 Selected Tributaries in Pennsylvania," within the designated
23 component, as outlined in the text of the "Lower Brandywine
24 Scenic Rivers Evaluation and Management Study" conducted by the
25 Department of Environmental Resources under the act of December
26 5, 1972 (P.L.1277, No.283), known as the Pennsylvania Scenic
27 Rivers Act. The "Recommended Local Management Guidelines"
28 included in the "Lower Brandywine Scenic Rivers Evaluation and
29 Management Study" are recommended and voluntary for local
30 governments, landowners and interested organizations in
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1 recognizing the value of the Lower Brandywine and selected
2 tributaries. The Pennsylvania Fish Commission shall exercise
3 enforcement of its fishing and boating regulations and laws
4 within the designated component.
5 Section 5. Special consideration.
6 The Department of Environmental Resources, in cooperation
7 with local governments, shall establish an implementation team,
8 composed of, but not limited to, landowners, local governments
9 and conservation organizations, to act as a local advocate for
10 implementation of this act. The Department of Environmental
11 Resources shall assist the implementation team in carrying out
12 recommendations of the Management Plan, including the conduct of
13 an access study, development of an agency contact list and
14 implementation of other management strategies included in the
15 "Lower Brandywine Scenic Rivers Evaluation and Management
16 Study."
17 Section 6. Cooperation and coordination.
18 All State agencies are authorized to seek the help of and
19 enter into agreements with the Federal Government and its
20 agencies and commissions, local governments and concerned
21 private individuals and organizations with the view of fostering
22 cooperation and coordination to further the purpose of this act.
23 To this end, the Department of Environmental Resources shall
24 also seek the cooperation of the Delaware River Basin
25 Commission. All State agencies, boards and commissions shall
26 cooperate and coordinate their activities with the Department of
27 Environmental Resources in relation to the Lower Brandywine
28 component in order to further the purpose of this act.
29 Section 7. Limitation of liability.
30 The provisions of the act of February 2, 1966 (1965 P.L.1860,
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1 No.586), entitled "An act encouraging landowners to make land
2 and water areas available to the public for recreational
3 purposes by limiting liability in connection therewith, and
4 repealing certain acts," limiting the liability of owners of
5 land and water areas who make them available to the public for
6 recreational purposes without charge shall be applicable to
7 owners of land and water areas within the Lower Brandywine
8 component.
9 Section 8. Zoning powers.
10 Nothing in this act shall be construed as granting any new
11 zoning powers to the Commonwealth or municipalities.
12 Section 9. Repairs and construction.
13 (a) Road repairs.--Where township road repairs are needed,
14 construction activities should be carried out within the
15 existing rights-of-way to maintain vegetation and scenic
16 qualities.
17 (b) Construction.--All construction, reconstruction, repair
18 or alterations due to safety or capacity considerations shall be
19 consistent with safe highway geometric design and in accordance
20 with the "Guidelines to Improve the Aesthetic Quality of Roads
21 in Pennsylvania," dated June 1978, prepared jointly by the
22 Department of Transportation and the Department of Environmental
23 Resources.
24 Section 10. Expenditure of funds.
25 The Department of Environmental Resources is authorized to
26 expend moneys when available for:
27 (1) Technical assistance for implementation of and
28 planning under the "Lower Brandywine Scenic Rivers Evaluation
29 and Management Study" conducted by the Department of
30 Environmental Resources under the act of December 5, 1972
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1 (P.L.1277, No.283), known as the Pennsylvania Scenic Rivers
2 Act.
3 (2) Assistance in the education of the general public
4 regarding the scenic rivers designation and appropriate
5 conservation measures.
6 Section 11. Effective date.
7 This act shall take effect immediately.
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