PRINTER'S NO. 922
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
935
Session of
2023
INTRODUCED BY PICKETT, CAUSER, DEASY, HAMM, JAMES, R. MACKENZIE,
MARSHALL, OWLETT AND ZIMMERMAN, APRIL 17, 2023
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 17, 2023
AN ACT
Amending the act of November 26, 1978 (P.L.1375, No.325),
entitled "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," providing for county conservation district stream
reconstruction emergency permit authorizations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of November 26, 1978 (P.L.1375, No.325),
known as the Dam Safety and Encroachments Act, is amended by
adding a section to read:
Section 17.1. County conservation district stream
reconstruction emergency permit authorizations.
(a) A county conservation district with an approved
delegation agreement in accordance with sections 6 and 17 and
sections 9(11) and 11(2) of the act of May 15, 1945 (P.L.547,
No.217), known as the "Conservation District Law," to administer
certain activities under 25 Pa. Code Ch. 105 (relating to dam
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safety and waterway management), may request an amendment to the
approved delegation agreement for the Water Obstruction and
Encroachment Program from the department for the purposes
specified under this section.
(b) As a county stream reconstruction program authorized by
the department under this subsection, a county conservation
district may propose methodologies for stream reconstruction
activities in response to or in anticipation of significant
flood events to restore the natural regimen and ecology of
watercourses using appropriate methodologies that are based on
current scientific principles and practices and are in
accordance with 25 Pa. Code Ch. 105. The department shall review
a proposed county stream reconstruction program under this
subsection for conformance with current scientific principles
and practices and 25 Pa. Code Ch. 105. The department shall
provide a record of decision on the proposed county stream
reconstruction program to the county conservation district,
including a detailed technical review of the proposed county
stream reconstruction program.
(c) Upon approval of the county stream reconstruction
program under subsection (b) by the department, the county
conservation district may request an amendment to the county
conservation district's approved delegation agreement for the
Water Obstruction and Encroachment Program from the department
which authorizes the county conservation district to issue
emergency permits for stream reconstruction. The department may
not unreasonably withhold the authorization of the amendment.
The authority delegated under this subsection for the county
conservation district to issue emergency permits shall only
include emergency stream reconstruction in accordance with the
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approved county stream reconstruction program under subsection
(b), including activities which may prevent a flooding emergency
event in the future.
(d) The county conservation district may authorize stream
reconstruction activities under an emergency permit in
accordance with the approved county stream reconstruction
program under subsection (b) and the final amended and approved
delegation agreement for the Water Obstruction and Encroachment
Program for the county.
(e) The department shall develop a stream reconstruction
emergency permit form for use in accordance with this section.
(f) The department shall retain the duty to authorize
emergency permits for all other waterway obstruction and
encroachment activities under 25 Pa. Code Ch. 105 where
conditions threaten public safety and the environment.
(g) The department shall transmit a notice of each amendment
to an approved delegation agreement under this section to the
Legislative Reference Bureau for publication in the Pennsylvania
Bulletin.
(h) Notwithstanding any provision of the "Conservation
District Law" or 2 Pa.C.S. Chs. 5 Subch. B (relating to practice
and procedure of local agencies) and 7 Subch. B (relating to
judicial review of local agency action), known as the "Local
Agency Law," a person aggrieved by an action of a county
conservation district under an approved delegation agreement
which is amended under this section may appeal such action to
the department within 30 days after notice of such action. A
person aggrieved by an action of the department regarding the
initial appeal under this subsection may appeal such action to
the Environmental Hearing Board in accordance with section 24.
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(i) Within 60 days of the effective date of this section,
the department shall provide notice to each county conservation
district of the availability of a county stream reconstruction
program under this section.
Section 2. This act shall take effect in 60 days.
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