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PRINTER'S NO. 2020
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1433
Session of
2015
INTRODUCED BY CAUSER, BAKER, BARRAR, BLOOM, R. BROWN, COHEN,
D. COSTA, DeLUCA, FEE, GILLEN, GOODMAN, GROVE, HARHAI,
A. HARRIS, IRVIN, M. K. KELLER, LAWRENCE, LONGIETTI, MAHONEY,
MAJOR, MARSHALL, MILLARD, MURT, OBERLANDER, PICKETT,
READSHAW, TOPPER, WARD AND ZIMMERMAN, JULY 6, 2015
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JULY 6, 2015
AN ACT
Amending the act of November 26, 1978 (P.L.1375, No.325),
entitled, as amended, "An act providing for the regulation
and safety of dams and reservoirs, water obstructions and
encroachments; consolidating and clarifying the programs of
the Department of Environmental Resources and Navigation
Commission for the Delaware River; establishing penalties and
repealing certain acts," further providing for definitions;
and providing for small stream maintenance projects permits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of November 26, 1978
(P.L.1375, No.325), known as the Dam Safety and Encroachments
Act, is amended by adding definitions to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Bridge." A structure and its appurtenant works erected over
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the regulated water of this Commonwealth.
* * *
"Culvert." A structure with appurtenant works which carries
a stream under or through an embankment or fill.
* * *
"Flood-related hazard." Flood debris or similar obstruction
which may present a substantial potential risk to life or
property or may create additional problems in the event of
flooding.
* * *
"Normal agricultural operation." The activities, practices,
equipment and procedures that farmers adopt, use or engage in
the production and preparation for market poultry, livestock and
their products and in the production, harvesting and preparation
for market or use of agricultural, agronomic, horticultural,
silvicultural and aquacultural crops and commodities and is:
(1) not less than 10 contiguous acres in area; or
(2) less than 10 contiguous acres in area but has an
anticipated yearly gross income of at least $10,000.
The term includes new activities, practices, equipment and
procedures consistent with technological development within the
agricultural industry. Use of equipment shall include machinery
designed and used for agricultural operations, including, but
not limited to, crop dryers, feed grinders, saw mills, hammer
mills, refrigeration equipment, bins and related equipment used
to store or prepare crops for marketing and those items of
agricultural equipment and machinery defined by the act of
December 12, 1994 (P.L.944, No.134), known as the Farm Safety
and Occupational Health Act. The term includes custom work.
* * *
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Section 2. The act is amended by adding a section to read:
Section 6.1. Small stream maintenance project permit.
(a) The department shall establish and authorize a small
maintenance project permit for mitigation of flood related
hazards of less than 250 linear feet or an area of less than one
acre in size.
(b) The department shall delegate permit review and approval
responsibilities to the county conservation districts.
(c) (1) An application for the permit shall include:
(i) A description of the small stream maintenance
project.
(ii) The location and area of the proposed project.
(iii) A stream profile for a reasonable distance
upstream and downstream of the proposed project, showing
normal water surface and depths.
(iv) A description of the equipment to be used.
(v) Written approval from any affected property
owners, proof of title or easements for lands included in
the proposed project site, as necessary.
(vi) Any additional information the department or
county conservation district deems necessary.
(2) The department may not require the applicant specify
professional engineering services or similar professional
qualifications as provided under section 10 for the removal
of flood-related hazards or stream clearing activities under
this subsection.
(c) The county conservation district shall grant the permit
if the county conservation district determines that the proposed
project complies with the provisions of this act and the
regulations promulgated under this act, and complies with all
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other applicable laws administered by the department.
(d) No fees may be required for small maintenance project
permits.
(e) The department may approve an application for multiple
permits concurrently.
(f) No permit shall be required for:
(1) Maintenance activities conducted 50 feet or less
upstream or downstream of a bridge or culvert.
(2) The removal of flood-related hazards or related
stream clearing activities that are deemed to be an emergency
by State, county or municipal authorities or persons engaged
in normal agricultural operations where the flood related
hazard is located on property owned by the person.
Section 3. This act shall take effect in 60 days.
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