PRINTER'S NO. 616
No. 578 Session of 1989
INTRODUCED BY WENGER, BELL, BAKER AND LOEPER, FEBRUARY 21, 1989
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 21, 1989
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 has, in accordance with the act of December 5, 14 1972 (P.L.1277, No.283), known as the Pennsylvania Scenic Rivers 15 Act, fulfilled its obligations and responsibilities prerequisite 16 to the designation of the Lower Brandywine and certain segments 17 of its tributaries as a component of the Pennsylvania Scenic 18 Rivers System. The designation of this component is for the 19 purposes of protecting its free and unimpounded flow and of 20 conserving and protecting its pastoral and scenic qualities and
1 historic characteristics in accordance with the policy and 2 provisions of the Pennsylvania Scenic Rivers Act. 3 Section 3. Definitions. 4 The following words and phrases when used in this act shall 5 have the meanings given to them in this section unless the 6 context clearly indicates otherwise: 7 "Department." The Department of Environmental Resources of 8 the Commonwealth. 9 Section 4. Designation and classification. 10 (a) Designation.--The main stem and the East and West 11 Branches of the Brandywine in Chester and Delaware Counties plus 12 Pocopson Creek, Valley Creek, Broad Run, Buck Run, Doe Run and 13 two unnamed tributaries in Newlin Township and related adjacent 14 land area as it extends from the Delaware State line to south of 15 Coatesville and Downingtown are designated a component of the 16 Pennsylvania Scenic Rivers System under the act of December 5, 17 1972 (P.L.1277, No.283), known as the Pennsylvania Scenic Rivers 18 Act. The boundaries and termini of the component have been 19 defined by the department and are shown on the five maps 20 entitled "Lower Brandywine Scenic Rivers Project," which are on 21 file and available for public inspection in the Division of Land 22 Records of the Pennsylvania Historical and Museum Commission. 23 (b) Classification.--Segments of the component are 24 classified as follows: 25 (1) Brandywine main stem - Pennsylvania-Delaware line, 26 including the 1.1 mile horseshoe bend at the Pennsylvania- 27 Delaware line in Birmingham Township, Chester County, to 28 confluence with the East and West Branches above Lenape - 9.7 29 miles - Pastoral. 30 (2) Pocopson Creek - Confluence with main stem 19890S0578B0616 - 2 -
1 Brandywine to State Route 842 - 6.5 miles - Pastoral. 2 (3) East Branch, Brandywine - Confluence with main stem 3 and West Branch to Penn Central overpass - 7.4 miles - 4 Pastoral. 5 (4) Valley Creek - Confluence with East Branch to Penn 6 Central overpass - 2.8 miles - Pastoral. 7 (5) West Branch, Brandywine - Confluence with main stem 8 to Wawaset Bridge - 0.75 miles - Pastoral. 9 (6) West Branch, Brandywine - Wawaset Bridge to a point 10 1600 feet downstream of Modena Borough Boundary, including 11 1.8 miles of Green Valley Stream and 2.2 miles of an unnamed 12 Newlin Township Tributary from Glenhall to Cannery - 16.25 13 miles - Scenic. 14 (7) Broad Run - Confluence with West Branch Brandywine 15 to Beacon Hill Road - 4.85 miles - Pastoral. 16 (8) Buck Run - Confluence with West Branch Brandywine to 17 1.4 miles upstream of Log Cabin Road Crossing - 11.0 miles - 18 Pastoral. 19 (9) Doe Run - Confluence with Buck Run to Fernwood Road 20 - 6.6 miles - Pastoral. 21 Section 5. Management responsibilities. 22 The department shall exercise administrative responsibilities 23 in implementing the "State Agency Management Guidelines for the 24 Lower Brandywine and Selected Tributaries in Pennsylvania," 25 within the designated component, as outlined in the text of the 26 "Lower Brandywine Scenic Rivers Evaluation and Management Study" 27 conducted by the department under the act of December 5, 1972 28 (P.L.1277, No.283), known as the Pennsylvania Scenic Rivers Act. 29 The "Recommended Local Management Guidelines" included in the 30 "Lower Brandywine Scenic Rivers Evaluation and Management Study" 19890S0578B0616 - 3 -
1 are recommended and voluntary for local governments, landowners 2 and interested organizations in recognizing the value of the 3 Lower Brandywine and selected tributaries. The Pennsylvania Fish 4 Commission shall exercise enforcement of its fishing and boating 5 regulations and laws within the designated component. 6 Section 6. Special consideration. 7 The department, in cooperation with local governments, shall 8 establish an implementation team, composed of, but not limited 9 to, landowners, local governments and conservation 10 organizations, to act as a local advocate for implementation of 11 this act. The department shall assist the implementation team in 12 carrying out recommendations of the Management Plan, including 13 the conduct of an access study, development of an agency contact 14 list and implementation of other management strategies included 15 in the "Lower Brandywine Scenic Rivers Evaluation and Management 16 Study." 17 Section 7. Cooperation and coordination. 18 State agencies are authorized to seek the help of and enter 19 into agreements with the Federal Government and its agencies and 20 commissions, local governments and concerned private persons and 21 organizations with the view of fostering cooperation and 22 coordination to further the purpose of this act. To this end, 23 the department shall also seek the cooperation of the Delaware 24 River Basin Commission. State agencies, boards and commissions 25 shall cooperate and coordinate their activities with the 26 department in relation to the Lower Brandywine component in 27 order to further the purpose of this act. 28 Section 8. Limitation of liability. 29 The provisions of the act of February 2, 1966 (1965 P.L.1860, 30 No.586), entitled "An act encouraging landowners to make land 19890S0578B0616 - 4 -
1 and water areas available to the public for recreational 2 purposes by limiting liability in connection therewith, and 3 repealing certain acts," limiting the liability of owners of 4 land and water areas who make them available to the public for 5 recreational purposes without charge, shall be applicable to 6 owners of land and water areas within the Lower Brandywine 7 component. 8 Section 9. Zoning powers. 9 Nothing in this act shall be construed as granting new zoning 10 powers to the Commonwealth or municipalities. 11 Section 10. Repairs and construction. 12 (a) Road repairs.--Where township road repairs are needed, 13 construction activities should be carried out within the 14 existing rights-of-way to maintain vegetation and scenic 15 qualities. 16 (b) Construction.--Construction, reconstruction, repair or 17 alterations due to safety or capacity considerations shall be 18 consistent with safe highway geometric design and in accordance 19 with the "Guidelines to Improve the Aesthetic Quality of Roads 20 in Pennsylvania," dated June 1978, prepared jointly by the 21 Department of Transportation and the department. 22 Section 11. Expenditure of funds. 23 The department is authorized to expend money, when available, 24 for all of the following: 25 (1) Technical assistance for implementation of and 26 planning under the "Lower Brandywine Scenic Rivers Evaluation 27 and Management Study" conducted by the department under the 28 act of December 5, 1972 (P.L.1277, No.283), known as the 29 Pennsylvania Scenic Rivers Act. 30 (2) Assistance in the education of the general public 19890S0578B0616 - 5 -
1 regarding the scenic rivers designation and appropriate 2 conservation measures. 3 Section 12. Effective date. 4 This act shall take effect immediately. B13L32RZ/19890S0578B0616 - 6 -