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PRINTER'S NO. 1893
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1486
Session of
2017
INTRODUCED BY ZIMMERMAN, FEE, CAUSER, BOBACK, B. MILLER,
HICKERNELL, GREINER, LONGIETTI, MILLARD, KAUFFMAN, PICKETT,
IRVIN, RAPP, WARD, TALLMAN, PASHINSKI, JOZWIAK, WHEELAND,
LAWRENCE, KAVULICH, RADER, M. K. KELLER, MENTZER, CORBIN,
CUTLER AND BLOOM, JUNE 2, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JUNE 2, 2017
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.-- 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; and
(ii) 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
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a slope not greater than 7%.
(C) The high tunnel is supported with a buffer
or diversion system that does not directly drain into
a stream or other watercourse by managing 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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