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PRINTER'S NO. 390
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
423
Session of
2023
INTRODUCED BY HAMM, ROWE, KEEFER, ZIMMERMAN, GLEIM, LEADBETER,
PICKETT, WARNER, SMITH AND JAMES, MARCH 15, 2023
REFERRED TO COMMITTEE ON GAME AND FISHERIES, MARCH 15, 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," further providing for permit issuance and conditions
and for enforcement orders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9 of the act of November 26, 1978
(P.L.1375, No.325), known as the Dam Safety and Encroachments
Act, is amended to read:
Section 9. Permit issuance and conditions.
(a) The department shall have the power to grant a permit if
it determines that the proposed project complies with the
provisions of this act and the regulations adopted hereunder,
and complies with all other applicable laws administered by the
department[, the Pennsylvania Fish Commission] and any river
basin commission created by interstate compact.
(b) The department may impose such permit terms and
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conditions regarding construction, operation, maintenance,
inspection and monitoring of the project as are necessary to
assure compliance with this act and other laws administered by
the department[, the Pennsylvania Fish Commission] and any river
basin commission created by interstate compact.
(c) Notwithstanding any other provision of law:
(1) The Pennsylvania Fish and Boat Commission shall have
no authority or jurisdiction related to stream maintenance or
clearing activities within this Commonwealth.
(2) No approval or authorization from the Pennsylvania
Fish and Boat Commission shall be required for any stream
maintenance or clearing activities conducted within this
Commonwealth.
(3) The department may not delegate its authority
related to stream maintenance or clearing activities to the
Pennsylvania Fish and Boat Commission.
(4) Nothing in this act shall be construed to prevent
the Pennsylvania Fish and Boat Commission from being involved
in an advisory capacity with permits and plans regarding the
construction or installation of new bridges or culverts.
Section 2. Section 20 of the act is amended by adding a
subsection to read:
Section 20. Enforcement orders.
* * *
(e) The Pennsylvania Fish and Boat Commission may enforce
stream maintenance or clearing activities in this Commonwealth
only when there is a potential violation under 30 Pa.C.S.
(relating to fish) due to a person not having a valid permit or
conducting an activity that was not authorized by the permit.
The Pennsylvania Fish and Boat Commission shall not find that a
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stream maintenance or clearing activity violates 30 Pa.C.S. if
the stream maintenance or clearing activity is general
maintenance of a bridge or culvert. The Pennsylvania Fish and
Boat Commission shall not enforce a penalty for a violation
under 30 Pa.C.S. until the Pennsylvania Fish and Boat Commission
contacts the department and the relevant county conservation
district to ensure that the stream maintenance or clearing
activity was not authorized by a valid permit.
Section 3. This act shall take effect in 60 days.
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