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PRINTER'S NO. 2960
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2406
Session of
2022
INTRODUCED BY FRITZ, OWLETT, PICKETT, HAMM, ARMANINI, O'NEAL,
SMITH, HERSHEY, JAMES, RYAN, MILLARD, CAUSER, BROOKS, RAPP,
GROVE, DeLUCA, ROWE AND KEEFER, APRIL 11, 2022
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 11, 2022
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," further providing for definitions; and providing for
small stream maintenance project permit.
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 a definition 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:
* * *
"Flood-related hazard." Flood debris or similar obstruction
which may present a potential substantial risk to life or
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property or may create additional problems in the event of
flooding.
* * *
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
stream 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 county conservation districts.
(c) (1) An application for a small stream maintenance
project 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 deems
necessary.
(2) The department may not require an 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
a proposed project.
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(d) A county conservation district shall grant a 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
other applicable laws administered by the department.
(e) No fees may be required for a small stream maintenance
project permit.
Section 3. This act shall take effect in 60 days.
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