1Providing for protection of existing riparian buffers, for
2restoration of impaired riparian buffers, for exemptions, for
3municipal authority, for powers and duties of department, for
4property inspections, for delegation to a municipality, for
5municipal action appeals, for penalties, civil action and
6liability for costs and for effect on other Commonwealth laws
7or regulations and municipal ordinances.

8TABLE OF CONTENTS

9Section 1. Short title.

10Section 2. Definitions.

11Section 3. Protection of existing riparian buffers.

12Section 4. Restoration of impaired riparian buffers.

13Section 5. Exemptions.

14Section 6. Municipal authority.

15Section 7. Powers and duties of department.

16Section 8. Property inspections.

17Section 9. Delegation to a municipality.

18Section 10. Municipal action appeals.

19Section 11. Penalties, civil action and liability for costs.

20Section 12. Preemption and limitation.

1Section 29. Severability.

2Section 30. Effective date.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Riparian
7Buffer Protection Act.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Department." The Department of Environmental Protection of
13the Commonwealth.

14"Earth disturbance." A construction or other human activity
15that disturbs the surface of the land, including land clearing
16and grubbing, grading, excavations, embankments, land
17development, agricultural plowing or tilling, operation of
18animal heavy use areas, timber harvesting activities, mineral
19extraction and the moving, depositing, stockpiling or storing of
20soil, rock or earth material.

21"Earth disturbance activity." An act that comprises,
22facilitates or results in earth disturbance.

23"Exceptional value water." Surface water of exceptional
24value that satisfies the provisions of 25 Pa. Code § 93.4b(b)
25(relating to qualifying as high quality or exceptional value
26waters).

27"Floodplain." A land area that:

28(1) is susceptible to flooding; and

29(2) has at least a 1% probability of flooding occurring
30in a calendar year based on the basin being fully developed

1as shown on a current land use plan. For an area without a
2mapped 100-year floodplain, the 100-year floodplain is
3considered to extend for a horizontal distance of 50 feet
4from the top of the stream bank.

5"High quality water." Surface water having quality that
6exceeds levels necessary to support propagation of fish,
7shellfish, wildlife and recreation in and on the water by
8satisfying the provisions of 25 Pa. Code § 93.4b(a).

9"Impaired riparian buffer." A riparian buffer that, as a
10result of land development activity, contains impervious cover
11or is no longer a natural riparian buffer.

12"Impervious cover." A surface that does not readily absorb
13precipitation and surface water. The term includes, but is not
14limited to:

15(1) a building;

16(2) a parking area;

17(3) a driveway;

18(4) a road;

19(5) a sidewalk;

20(6) a swimming pool;

21(7) an area in concrete, asphalt, packed stone or an
22equivalent surface, including a surface with a coefficient of
23runoff of 0.7 or higher; and

24(8) disturbed soil with a bulk density of 95% of the
25value at which plant growth limitation is expected for
26average plant material.

27"Land development." A land change, including, but not
28limited to, clearing, grubbing, stripping, removal of
29vegetation, dredging, grading, excavating, transporting and
30filling of land, construction, subdivision, paving or other

1increase in impervious cover.

2"Land development activity." An act that comprises,
3facilitates or results in land development.

4"Municipality." A political subdivision of this
5Commonwealth, including a county, city, borough, township,
6incorporated town or home rule municipality.

7"Natural riparian buffer." A riparian buffer dominated by
8native vegetation, including trees, shrubs or herbaceous plants,
9and providing any of the following functions:

10(1) maintaining the integrity of an adjacent stream
11channel or shoreline or helping stabilize a stream bank,
12including reducing erosion;

13(2) reducing the impact of an upland source of pollution
14by trapping, filtering or converting sediments, nutrients or
15other contaminants;

16(3) supplying food, cover, shelter, habitat or thermal
17protection to fish, other aquatic life or other wildlife;

18(4) protecting or benefiting the ecological and
19absorptive capacity of soil, floodplain or wetland area;

20(5) increasing storage and infiltration of floodwater
21and reducing floodwater velocity; or

22(6) reducing the impact of climate change by absorbing
23greenhouse gases.

24"Nonconforming use or structure." A use or structure that
25was legally established prior to the effective date of this
26section, but does not comply with the provisions of this act.

27"Nontidal wetlands." An area not influenced by tidal
28fluctuations that is inundated or saturated by surface water or
29groundwater at a frequency and duration sufficient to support,
30and under normal circumstances support a prevalence of

1vegetation typically adapted for life in saturated soil
2conditions.

3"One hundred-year floodplain." The area of land adjacent to
4a stream that is subject to inundation during a storm event that
5has a recurrence interval of 100 years.

6"Ordinance." An ordinance adopted by a municipality for
7riparian buffers.

8"Permit." A final permit issued by a municipality for
9undertaking a land development activity.

10"Person." An individual, partnership, firm, association,
11joint venture, public or private corporation, trust, estate,
12commission, board, public or private institution, utility,
13cooperative, city, county or other political subdivision and an
14interstate body or other legal entity.

15"Pollution." Contamination of waters of this Commonwealth,
16including, but not limited to, contamination by alteration of
17the physical, chemical or biological properties of the waters,
18or change in temperature, taste, color or odor thereof, or the
19discharge of a liquid, gaseous, radioactive, solid or other
20substance into the waters that does, will or is likely to:

21(1) degrade water quality;

22(2) create a nuisance;

23(3) render waters harmful, detrimental or injurious to:

24(i) public health, safety or welfare;

25(ii) domestic, municipal, commercial, industrial,
26agricultural, recreational or other legitimate beneficial
27use; or

28(iii) livestock, a wild animal, a bird, fish or
29other aquatic life; or

30(4) cause or contribute to the failure of a water body

1to meet applicable water quality standards or criteria
2enacted by the Commonwealth or a river basin commission of
3which the Commonwealth is a voting member.

4"Riparian." Belonging or related to the bank of a water
5body, river, stream, wetland, lake, pond or impoundment.

6"Riparian buffer area." An area adjacent to a water body.

7"Riparian buffer restoration." Returning an impaired
8riparian buffer to a natural riparian buffer dominated by native
9vegetation, including trees, shrubs or herbaceous plants.

10"Sewage facility." As defined in the act of January 24, 1966
11(1965 P.L.1535, No.537), known as the Pennsylvania Sewage
12Facilities Act.

13"Stream." A perennial or intermittent watercourse with a
14defined channel, bed and banks.

15"Stream bank." Sloping land that contains a stream channel
16and the normal flow of the stream.

17"Stream channel." The part of a watercourse either naturally
18or artificially created that contains an intermittent or
19perennial base flow of groundwater origin. A base flow of
20groundwater origin may be distinguished by any of the following
21physical indicators:

22(1) Hydrophytic vegetation, hydric soil or other
23hydrologic indicators in the area where groundwater enters
24the stream channel in the vicinity of the stream headwaters,
25channel bed or channel banks.

26(2) Flowing water not directly related to a storm event.

27(3) A historical record of a local high groundwater
28table, such as a well or stream gauge record.

29"Vernal pond." A small body of standing water that forms in
30the spring from meltwater and is often dry by midsummer or may

1be dry before the end of the spring growing season.

2"Water body." A natural or manmade pond, lake, wetland,
3impoundment, stream or watercourse. The term does not include a
4pond or facility designed and constructed solely to contain
5storm water.

6"Watercourse." A channel of conveyance of surface water
7having a defined bed and banks, such as a stream, river, brook,
8or creek, whether natural or artificial, with perennial,
9intermittent or seasonal flow. The term does not include a
10channel or ditch designed and constructed solely to carry storm
11water.

12"Watershed." The land area that drains into a particular
13stream, water body or watercourse.

14Section 3. Protection of existing riparian buffers.

15(a) Prohibition.--Except as provided below, land development
16shall not be permitted within a riparian buffer area.

17(b) Width of riparian buffer area.--Except as required under
18subsection (c), the width of the riparian buffer area protected
19under subsection (a) shall be a minimum of 100 feet on each side
20of the stream as measured from the top of the bank.

21(c) Additional width requirements.--The following apply:

22(1) If the water body is designated as high quality or
23exceptional value, the minimum width shall be 300 feet on
24each side of the water body as measured from the top of the
25bank.

26(2) In the case of the presence of a nontidal wetland or
27vernal pond wholly or partially within the riparian buffer
28area, an additional 25 feet shall be added to the widths in
29subsection (a) from the wetland or vernal pond boundary.

30(3) The following additional distances shall be added to

1the minimum width provided above based on the following
2formula:

3(i) ten feet if slope is 10% - 15%;

4(ii) twenty feet if slope 16% - 17%;

5(iii) thirty feet if slope is 18% - 20%;

6(iv) fifty feet if slope is 21% - 23%;

7(v) sixty feet if slope is 24% - 25%; or

8(vi) seventy feet if slope exceeds 25%.

9(4) If the water body has been identified as impaired in
10accordance with section 303 of the Federal Water Pollution 
11Control Act (114 Stat. 870, 33 U.S.C. § 1313) and
12implementing State regulations, an additional 50 feet shall
13be added to the minimum 100 foot width. In the case of a
14water body that has been identified as impaired by the
15department, the developer may choose to either extend the
16riparian buffer area an additional 50 feet from the top of
17the bank beyond the other requirements or to implement the
18following improvements in the riparian buffer area and in the
19developed area adjacent to the riparian buffer area:

20(i) The improvements to the buffer area shall be as
21follows:

22(A) Fifty percent or more of trees planted in
23the riparian buffer area must be of two inch caliper
24or greater. Tree species composition shall consist of
25a diverse mix of native tree species planted in the
26proper hydrologic zone as listed in Appendix B of the
27Pennsylvania Stormwater Best Management Practice
28Manual.

29(B) An applicant shall develop and implement an
30operation and maintenance plan for the riparian

1buffer to be approved by the department. The
2operation and maintenance plan shall require
3maintenance activities for a minimum of five years,
4include measures to control invasive species, deer
5and rodent damage and require replacement of all
6deceased trees for a minimum of the first three
7years.

8(C) An applicant shall provide permanent
9protection of a riparian buffer area by placing a
10conservation easement on the property.

11(ii) The improvements to the adjacent area shall be
12as follows:

13(A) Achieve no net increase in predevelopment to
14postdevelopment volume, rate, peak and concentration
15of pollutants in water quality using alternative site
16design, low impact development principles such as
17limiting disturbance, infiltration best management
18practices and other environmentally sound storm water
19best management practices.

20(B) Through deed restriction for the lots sold
21and as a condition of a final land development plan
22approval, ban the use of fertilizers, pesticides,
23herbicides or other chemicals on lawns and other
24portions of the property, except that herbicides may
25be used for invasive species control in riparian
26buffer areas if part of an operation and maintenance
27plan approved by the department.

28(C) A development shall replace the trees
29removed during the development process with the
30caliper of removed trees matched by the sum of the

1caliper of replacement trees.

2(d) Condition of other approvals and permits.--Full
3compliance with the provisions of this act shall be a condition
4of an approval or permit by a Commonwealth agency or political
5subdivision, including, but not limited to, the following:

6(1) an approval of land development activity;

7(2) a building permit;

8(3) a zoning hearing board approval;

9(4) a conditional use approval;

10(5) a subdivision approval;

11(6) an erosion and sediment control permit;

12(7) a grading permit;

13(8) an encroachment permit;

14(9) a National Pollutant Discharge Elimination System
15permit; or

16(10) an approval for a planning module for a sewage
17facility.

18Section 4. Restoration of impaired riparian buffers.

19(a) General rule.--For a property with an impaired riparian
20buffer, riparian buffer restoration shall be a condition of a
21governmental approval or permit, including, but not limited to,
22the following:

23(1) an approval of land development activity;

24(2) a building permit;

25(3) a zoning hearing board approval;

26(4) a conditional use approval;

27(5) a subdivision approval;

28(6) an erosion and sediment control permit;

29(7) a grading permit;

30(8) an encroachment permit;

1(9) a National Pollutant Discharge Elimination System
2permit; or

3(10) an approval for a planning module for a sewage
4facility.

5(b) Requirement.--Riparian buffer restoration shall conform
6to the width requirements set forth in section 3.

7(c) Trees and plants.--As part of riparian buffer
8restoration, 50% or more of the trees planted in the riparian
9buffer area must be of two inch caliper or greater. Plant
10species composition shall consist of a diverse mix of native
11species planted in the proper hydrologic zone as listed in
12Appendix B of the Pennsylvania Stormwater Best Management
13Practice Manual.

14Section 5. Exemptions.

15(a) Land development activity.--The following land uses
16shall be exempt from a prohibition or requirement under section
173 or 4:

18(1) A land use existing as of the effective date of this
19act, except as follows:

20(i) when the existing land use or a building or
21structure involved in the use is enlarged, increased or
22extended to occupy a greater area of land;

23(ii) when the existing land use or a building or
24structure involved in the use is moved, in whole or in
25part, to another portion of the property; or

26(iii) when the existing land use ceases for a period
27of more than one year.

28(2) Agricultural production that is consistent with
29Federal and State law, the regulations promulgated by the
30department and best management practices established by the

1State Conservation Commission and the Department of
2Agriculture.

3(3) Selective logging provided that the logging
4practices comply with the best management practices set forth
5by the Bureau of Forestry, provided the logging does not
6occur within 100 feet of a stream.

7(4) A crossing by a transportation facility or utility
8line. The issuance of a permit for a use or activity under
9this paragraph is contingent upon the completion of:

10(i) A feasibility study that identifies alternative
11routing strategies that do not impact a riparian buffer
12area.

13(ii) A mitigation plan to minimize impacts on the
14riparian buffer area utilizing natural channel design
15practices to the greatest degree possible.

16(5) A temporary stream restoration project, stream bank
17restoration project or vegetation restoration project to
18restore the stream or riparian zone to an ecologically
19healthy state utilizing natural channel design practices to
20the greatest degree possible.

21(6) A structure that, by its nature, cannot be located
22anywhere except within the riparian buffer area. The
23structure shall include a dock, boat launch, public water
24supply intake structure, facility for natural water quality
25treatment and purification and public wastewater treatment
26plant sewer line or outfall. The structures shall provide for
27the minimum practicable disturbance of the riparian buffer
28area by minimizing size and location and by taking advantage
29of collocation, if possible. A storm water conveyance
30structure or outfall that is not included in this group and

1shall be located outside of the buffer area.

2(7) A wildlife and fisheries management activity
3consistent with the purposes of, but not limited to:

4(i) The act of December 5, 1972 (P.L.1277, No.283),
5known as the Pennsylvania Scenic Rivers Act.

6(ii) The act of April 28, 1978 (P.L.87, No.41),
7known as the Pennsylvania Appalachian Trail Act.

8(iii) The act of June 23, 1982 (P.L.597, No.170),
9known as the Wild Resource Conservation Act.

10(iv) 30 Pa.C.S. (relating to fish).

11(v) 34 Pa.C.S. (relating to game).

12(8) Construction of a single-family residence, including
13the usual appurtenances, provided that:

14(i) Based on the size, shape or topography of the
15property, as of the effective date of this section, it is
16not reasonably possible to construct a single-family
17dwelling without encroaching upon the riparian buffer
18area.

19(ii) The land development conforms with all other
20zoning and land use regulations.

21(iii) The dwelling is not located in whole or part
22in a 100-year floodplain.

23(iv) A septic tank, septic drain field or other
24sewage management facility is not located within the
25riparian buffer area.

26(v) To the maximum extent practicable the dwelling
27avoids disturbance of the riparian buffer area.

28(vi) An encroachment into the riparian buffer area
29is offset by an equal amount of wider riparian buffer
30width elsewhere on the same property so the average width

1and total area of the riparian buffer meet the
2requirements as set forth in section 3.

3(vii) The construction, dwelling or property was not
4originally presented for approval and following the
5effective date of this act, is not part of a multi-lot
6subdivision.

7(9) Other uses permitted by the department under the act
8of June 22, 1937 (P.L.1987, No.394), known as The Clean
9Streams Law, and the act of November 26, 1978 (P.L.1375,
10No.325), known as the Dam Safety and Encroachments Act.

11(b) Requirements.--The exempted uses, structures and
12activities shall comply with the requirements of 25 Pa. Code Ch.
13102 (relating to erosion and sediment control) and the
14applicable best management practices and may not diminish water
15quality except as permitted by the department.

16(c) Location.--The exempted uses shall be located as far
17from the stream bank as reasonably possible.

18Section 6. Municipal authority.

19(a) Authority.--A municipality may enact a local land use
20ordinance to protect, preserve and restore riparian buffers. A
21riparian buffer ordinance adopted by a municipality shall
22conform to the provisions of this act.

23(b) Existing ordinance.--A municipality that has enacted a
24riparian buffer ordinance prior to the effective date of this
25section may continue to enforce the ordinance until:

26(1) the municipality revises or amends the ordinance; or

27(2) the municipality is required by law to update a
28municipal ordinance necessary to implement an applicable
29watershed storm water management plan under the act of
30October 4, 1978 (P.L.864, No.167), known as the Storm Water

1Management Act, or fulfill a legal obligation regarding its
2Municipal Separate Storm Sewer Program or total maximum daily
3load. At this time, the municipality shall amend the
4ordinance to conform to the provisions of this act.

5(c) Variances.--A municipality that enacts an ordinance
6under this act shall provide for the consideration of variances.
7The following apply:

8(1) In granting a variance, the municipality may allow
9the buffer width to be relaxed and the permitted buffer area
10to become narrower at some points as long as the average
11width and total area meet the requirements under section 3.
12The averaging of the buffer area may be used to allow for the
13presence of an existing structure or to recover a lost lot,
14however, the buffer width may not be narrowed by more than
1525%, and new land development activity may not take place
16within the 100-year floodplain.

17(2) The municipality may offer credit for additional
18density elsewhere on the site in compensation for the loss of
19developable land due to the requirements of this act. The
20compensation may increase the total number of dwelling units
21on the site up to the amount permitted under the base zoning
22requirements.

23(3) A municipality may grant a variance if the applicant
24demonstrates any of the following:

25(i) Strict compliance would prevent all economic use
26of the property or constitute a legally defined taking.

27(ii) The project would serve a public need and no
28feasible alternative is available.

29(iii) The project consists of the repair and
30maintenance of public improvements where avoidance and

1minimization of adverse impacts to the riparian buffer
2area have been addressed.

3(4) The following procedures apply:

4(i) An applicant shall submit a written request for
5a variance to the municipality. The application shall
6include specific reasons justifying the variance and any
7other information necessary to evaluate the proposed
8variance request.

9(ii) The municipality may require an alternatives
10analysis that clearly demonstrates that no other feasible
11alternatives exist and that minimal impact will occur as
12a result of the project or development.

13(iii) In granting a request for a variance, the
14municipality may require additional site design,
15landscape planting, fencing, the placement of signs and
16the establishment of water quality best management
17practices in order to reduce impacts on water quality,
18wetlands and floodplains.

19(d) Inspections.--The municipality may conduct
20investigations where probable cause exists to carry out its
21authority as prescribed in this act. For this purpose, the
22municipality may enter where probable cause exists upon public
23or private property to investigate and inspect property that
24contains riparian buffers.

25(e) Enforcement.--The following apply:

26(1) The zoning enforcement officer or other person
27designated by the governing body of a municipality shall
28enforce the requirements of this act in accordance with this
29section.

30(2) If, upon inspection or investigation, the zoning

1enforcement officer or other authorized agent determines that
2an activity violates the requirements of this act, the
3activity shall be considered to be in violation of this act.

4(3) Upon the determination of a violation, the
5municipality shall issue a notice of violation to the permit
6holder, property owner or party in charge of the activity on
7the property. The notice must be in writing and require the
8immediate stoppage of the work on the property. The notice
9shall include:

10(i) The name and address of the owner.

11(ii) The address or description and location of the
12property where the violation occurred.

13(iii) A description of the violation.

14(iv) A description of the corrective actions needed
15to return to compliance and a time schedule to complete
16the corrective actions.

17(4) Where an emergency exists, a written notice shall
18not be required to stop work. Written notice of the stop-work
19order shall be presented to the appropriate responsible
20parties within three business days of the emergency order.

21Section 7. Powers and duties of department.

22(a) General rule.–-The department may grant a variance for a
23property located in any municipality that does not enact an
24ordinance pursuant to this act.

25(b) Buffer area.--In granting a variance, the department may
26allow the buffer width to be relaxed and the permitted buffer
27area to become narrower at points if the average width and total
28area meet the requirements set forth in section 3. The averaging
29of the buffer area may be used to allow for the presence of an
30existing structure or to recover a lost lot. The buffer width

1may not be narrowed by more than 25%, and new land development
2activity may not take place within the 100-year floodplain.

3(c) Grant criteria.--The department may grant a variance if
4an applicant for the variance demonstrates any of the following:

5(1) Strict compliance would prevent all economic use of
6the property or constitute a legally defined taking.

7(2) The project would serve a public need and a feasible
8alternative is not available.

9(3) The project consists of the repair and maintenance
10of public improvements which addressed avoidance and
11minimization of adverse impacts to the riparian buffer area.

12(d) Application requirements.--In determining whether to
13grant a request for a variance, the following apply:

14(1) An applicant for a variance must submit a written
15request for a variance to the department. The application
16shall include specific reasons justifying the variance and
17any other information necessary to evaluate the proposed
18variance.

19(2) The department may require an analysis clearly
20demonstrating that feasible alternatives do not exist and
21that minimal impact will occur as a result of the project.

22(3) The department may require additional site design,
23landscape planting, fencing, the placement of signs and the
24establishment of water quality best management practices in
25order to reduce impacts on water quality, wetlands and
26floodplains.

27Section 8. Property inspections.

28(a) General rule.--The department may enter upon a property
29at a reasonable time for the purpose of inspecting property that
30contains riparian buffers to enforce the provisions of this act.

1(b) Entry denial prohibited.--A person may not deny entry to
2any agent of the department conducting an inspection under
3subsection (a) or otherwise obstruct, hamper or interfere with
4the agent while conducting the inspection.

5(c) Violations.--If the department determines that an
6activity violates the requirements of this act as a result of an
7investigation under subsection (a), the activity shall be in
8violation of this act.

9(d) Violation notice.--Except as provided in subsection (e),
10upon determining a violation occurred under this act, the
11department shall issue a written notice of the violation to the
12permit holder, property owner or party in charge of the activity
13on the property. The notice shall require the immediate stoppage
14of all work on the property. The notice shall include all of
15following:

16(1) The name and address of the owner.

17(2) The address or description of the property where the
18violation occurred.

19(3) A description of the violation.

20(4) A description of the corrective actions needed to
21return to compliance under this act and a time schedule to
22complete the corrective actions.

23(e) Emergency order.--When an emergency exists as determined
24by the department, the department shall issue a stop-work order
25and may not provide the written notice required under subsection
26(d). Written notice as required under subsection (d) shall not
27be issued later than three business days of the order.

28Section 9. Delegation to a municipality.

29(a) Authority to delegate.--The department may delegate to a
30municipality any responsibilities under this act. The

1municipality acting under the agreement shall have the same
2powers and duties otherwise vested in the department under this
3act.

4(b) Supervision.--The department shall monitor the
5activities of a municipality that acts under an agreement under
6subsection (a).

7(c) Appeals.--No later than 30 days after notice of an
8action by a municipality under an agreement under subsection
9(a), any person aggrieved by the action may appeal to the
10Environmental Hearing Board in accordance with the act of July
1113, 1988 (P.L.530, No.94), known as the Environmental Hearing
12Board Act.

13Section 10. Municipal action appeals.

14(a) General rule.--No later than ten days after notice of an
15action by a municipality imposed under this act, any person
16aggrieved by the action may appeal in writing to the zoning
17hearing board. No later than 45 days after the zoning hearing
18board receives the appeal, the person shall receive a hearing
19before the zoning hearing board.

20(b) Judicial review.--Any person aggrieved by an action of a
21municipality imposed under this act shall have the right to
22appeal de novo to the court of common pleas of the county where
23the municipality is located.

24Section 11. Penalties, civil action and liability for costs.

25(a) Penalties.--The penalties that may be assessed for a
26violation of this act may include:

27(1) If, through inspection, it is determined that the
28corrective actions specified in a stop-work order have not
29been completed within the specified time, the responsible
30party shall be deemed in violation, and in addition to other

1penalties, a performance bond shall be subject to forfeiture.

2(2) A permit issued by the department or a municipality
3may be suspended, revoked or modified if, through inspection,
4it is determined the corrective actions specified in a stop-
5work order have not been completed within the specified time.

6(3) A person who violates a provision of this act,
7regulation or ordinance authorized under this act, permit
8condition or stop-work order and the owner of the land where
9the violation occurs shall be liable for a civil penalty of
10not less than $1,000 and not more than $2,000 per violation
11per day. Each day the violation continues shall constitute a
12separate offense.

13(4) The following apply:

14(i) If a person violates a provision of this act,
15regulation or ordinance authorized by this act,
16permitting conditions or stop-work order, the
17Commonwealth or municipality may issue a citation to the
18owner of the land where the violation occurs or other
19responsible person, requiring the person to appear in the
20appropriate court to answer charges for the violation.

21(ii) Upon conviction, the owner of the land where
22the violation occurs or other responsible person shall be
23liable for a criminal penalty in the form of imprisonment
24for not more than 90 days or a fine of not less than
25$1,000 and not more than $2,000 per violation per day, or
26both. Every day that the violation continues will be
27considered a separate offense.

28(b) Civil action for recovery of damages.--The following
29apply:

30(1) In addition to any other sanction authorized under

1this act, a person who fails to comply with the provisions of
2this act or a regulation or ordinance authorized by this act
3shall be liable to the Commonwealth or municipality in a
4civil action for damages equal to one and one-half times the
5cost of restoring the buffer.

6(2) The damages recovered under this subsection shall be
7used for the restoration of buffer systems or for the
8administration of programs for the protection and restoration
9of water quality, streams, wetlands and floodplains.

10(c) Liability for costs.--A person who violates a provision
11of this act or of a regulation or ordinance authorized by this
12act may be liable for a cost or expense incurred by the
13Commonwealth or a municipality as a result.

14Section 12. Preemption and limitation.

15The provisions of 58 Pa.C.S. (relating to oil and gas) shall
16not be deemed to be preempted or limited by the provisions of
17this act.

18Section 29. Severability.

19If a provision of this act or a regulation or ordinance
20authorized by this act is declared invalid or unconstitutional
21by a court of competent jurisdiction, the validity of the
22remainder shall not be affected thereby.

23Section 30. Effective date.

24This act shall take effect in 60 days.