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07/06/2022 12:16 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=37047
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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: March 16, 2022 12:18 PM
From: Representative Clint Owlett and Rep. Tina Pickett, Rep. Jonathan Fritz, Rep. Joe Hamm, Rep. Mike Armanini, Rep. Timothy J. O'Neal, Rep. Brian Smith, Rep. Johnathan D. Hershey
To: All House members
Subject: Stream Maintenance Package
 
The ability of local government organizations to be able to maintain the streams and waterways in their area is vital to preserve the integrity of bridges and culverts, stream channels, and possibly most importantly, to prevent flooding which can significantly damage homes and threaten lives and livelihoods.

Unfortunately, because of the numerous different agencies that can be involved, and the time it takes those agencies to review requests, it can be very difficult to get approval to do the necessary work. These delays and denials have real world consequences in our districts. Our local officials know the work that needs to be done to protect their citizens and their property, and it has been very frustrating for them to be prevented from doing so.

Because of this, we will be introducing the following package of bills to streamline the process for waterway maintenance. The package will clarify which stream maintenance activities do and do not need pre-approval from the Department of Environmental Protection and also make it clear which agencies do and do not have authority over this process. Please join us in sponsoring this commonsense package of legislation.



Document #1

Introduced as HB2404

Description: Description (HB 2404 Owlett) 
As part of the Stream Maintenance Package, I will be introducing legislation to allow for local government organizations to apply for a permit for continuing maintenance for a period of at least 10 years for the streams within their jurisdiction. This permit will grant an affirmative duty to the local government entity to properly maintain the streams and will not require the local government to get pre-approval for maintenance projects.
 
 

Document #2

Introduced as HB2405

Description: Description (HB 2405 Pickett)              
As part of the Stream Maintenance Package, I will be introducing legislation to create a program that allows counties to opt in to address hazards within their streams by allowing for emergency maintenance permits in consultation with their county conservation district.
 
 

Document #3

Introduced as HB2406

Description: Description (HB 2406 Fritz)                   
As part of the Stream Maintenance Package, I will be introducing legislation to create a permit specific to smaller maintenance projects for the mitigation of flood-related hazards of less than 250 linear feet. This permit shall be reviewed and issued by the local county conservation district.
 
 

Document #4

Introduced as HB2407

Description: Description (HB 2407 Hamm)               
As part of the Stream Maintenance Package, I will be introducing legislation to clarify that the PA Fish and Boat Commission has no authority for permitting or enforcement related to stream clearing or maintenance activities. This authority shall belong solely to the Department of Environmental Protection and the county conservation districts as appropriate.
 
 
 

Document #5

Introduced as HB2408

Description: Description (HB 2408 Armanini)          
As part of the Stream Maintenance Package, I will be introducing legislation declaring that no permit or authorization shall be required for maintenance activities conducted on a culvert.
 
 
 

Document #6

Introduced as HB2409

Description: Description (HB 2409 O’Neal)
As part of the Stream Maintenance Package, I will be introducing legislation stating that no permit shall be required for the removal of flood-related hazards from streams that are deemed to be an emergency by a state or county.
 
 

Document #7

Introduced as HB2410

Description: Description (HB 2410 Smith)                
As part of the Stream Maintenance Package, I will be introducing legislation to stating that no permit shall be required for stream maintenance activities conducted 50 feet or less upstream or downstream of a bridge or culvert.
 
 

Document #8

Introduced as HB2411

Description: Description (HB 2411 Hershey)            
As part of the Stream Maintenance Package, I will be introducing legislation to require the Department of Environmental Protection to issue an annual report to the General Assembly regarding flooding and stream maintenance and restoration