Pennsylvania HB 328: An Act amending the act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act, further providing for permit issuance and conditions.

Bill Text

PRINTER'S NO. 283
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 328
Session of
2025
INTRODUCED BY OWLETT, PICKETT, HAMM, STENDER, JAMES, ZIMMERMAN,
KUZMA AND COOK, JANUARY 27, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, JANUARY 27, 2025
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.
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 by adding a subsection to read:
Section 9. Permit issuance and conditions.
* * *
(c) If the department issues an emergency permit, approval
or authorization for stream clearing or maintenance activities
around a water obstruction under this act or any other State
law, the department shall authorize clearing activities for not
less than 250 feet from the water obstruction if the emergency
permit, approval or authorization is requested by a Commonwealth
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agency or political subdivision and there is a declaration of
disaster emergency for the area at the Federal, State or county
level.
Section 2. This act shall take effect immediately.
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