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SENATE AMENDED
PRIOR PRINTER'S NO. 1419
PRINTER'S NO. 3950
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1103
Session of
2015
INTRODUCED BY ZIMMERMAN, HICKERNELL, LONGIETTI, KAUFFMAN,
CAUSER, CUTLER, GODSHALL, BLOOM, MILLARD, GRELL, GABLER,
PICKETT, GIBBONS, MENTZER, MARSHALL, RADER, RAPP AND
M. K. KELLER, MAY 4, 2015
SENATOR YAW, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE, AS
AMENDED, SEPTEMBER 27, 2016
AN ACT
Amending the act of October 4, 1978 (P.L.864, No.167), entitled
"An act providing for the regulation of land and water use
for flood control and storm water management purposes,
imposing duties and conferring powers on the Department of
Environmental Resources, municipalities and counties,
providing for enforcement, and making appropriations,"
further providing for definitions and for effect of watershed
storm water plans.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4 of the act of October 4, 1978 (P.L.864,
No.167), known as the Storm Water Management Act, is amended by
adding a definition to read:
Section 4. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"High tunnel." A structure which meets the following:
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(1) Is used for the production, processing, keeping,
storing, sale or shelter of an agricultural commodity as
defined in section 2 of the act of December 19, 1974
(P.L.973, No.319), known as the Pennsylvania Farmland and
Forest Land Assessment Act of 1974, or for the storage of
agricultural equipment or supplies.
(2) Is constructed consistent with all of the following:
(i) Has a metal, wood or plastic frame.
(ii) When covered, has a plastic, woven textile or
other flexible covering.
(iii) Has a floor made of soil, crushed stone,
matting, pavers or a floating concrete slab.
* * *
Section 2. Section 11 of the act is amended by adding a
subsection to read:
Section 11. Effect of watershed storm water plans.
* * *
(c) Exemption.--High tunnels shall be exempted form the
provisions of this act. A municipality that has adopted a
watershed storm water plan or enacted a local ordinance or
regulation under this section that regulates high tunnels prior
to the effective date of this subsection shall amend the plan,
ordinance or regulation in order to comply with this subsection.
(C) EXEMPTION.-- THE FOLLOWING SHALL APPLY:
(1) A HIGH TUNNEL SHALL BE EXEMPTED FROM THE PROVISIONS
OF THIS ACT IF:
(I) THE HIGH TUNNEL OR ITS FLOORING DOES NOT RESULT
IN AN IMPERVIOUS AREA EXCEEDING 25% OF ALL STRUCTURES
LOCATED ON THE OWNER'S TOTAL CONTIGUOUS LAND AREA;
(II) THE HIGH TUNNEL, OR THE FLOORING FOR THE HIGH
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TUNNEL IF OTHER THAN SOIL, DOES NOT REMAIN AT THE SAME
LOCATION FOR A PERIOD LONGER THAN TWO YEARS; AND
(III) THE HIGH TUNNEL MEETS ONE OF THE FOLLOWING:
(A) THE HIGH TUNNEL IS LOCATED AT LEAST 100 FEET
FROM ANY PERENNIAL STREAM OR WATERCOURSE, PUBLIC ROAD
OR NEIGHBORING PROPERTY LINE.
(B) THE HIGH TUNNEL IS LOCATED AT LEAST 35 FEET
FROM ANY PERENNIAL STREAM OR WATERCOURSE, PUBLIC ROAD
OR NEIGHBORING PROPERTY LINE AND LOCATED ON LAND WITH
A SLOPE NOT GREATER THAN 7%.
(C) THE HIGH TUNNEL IS SUPPORTED WITH A BUFFER
OR DIVERSION SYSTEM TO MANAGE STORM WATER RUNOFF IN A
MANNER CONSISTENT WITH REQUIREMENTS OF THIS ACT.
(2) A MUNICIPALITY THAT HAS ADOPTED A LOCAL ORDINANCE OR
REGULATION THAT REGULATES HIGH TUNNELS PURSUANT TO A
WATERSHED STORM WATER PLAN UNDER THIS SECTION PRIOR TO THE
EFFECTIVE DATE OF THIS SUBSECTION SHALL AMEND THE ORDINANCE
OR REGULATION TO COMPLY WITH THIS SUBSECTION.
(3) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO
EXEMPT HIGH TUNNELS FROM OTHER REQUIREMENTS APPLICABLE UNDER
FEDERAL, STATE OR MUNICIPAL LAWS.
Section 3. This act shall take effect in 60 days.
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