Pennsylvania HB 673: An Act providing for protection of existing riparian buffers, for restoration of impaired riparian buffers, for exemptions, for municipal authority, for powers and duties of Department of Environmental Protection, for property inspections, for delegation to a municipality, for municipal action appeals, for penalties, civil action and liability for costs and for effect on other Commonwealth laws or regulations and municipal ordinances.

Bill Text

PRINTER'S NO. 687
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 673
Session of
2025
INTRODUCED BY WEBSTER, SANCHEZ, GUENST, SAPPEY, PIELLI,
MALAGARI, OTTEN, RIVERA, CIRESI AND BOROWSKI,
FEBRUARY 20, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, FEBRUARY 20, 2025
AN ACT
Providing for protection of existing riparian buffers, for
restoration of impaired riparian buffers, for exemptions, for
municipal authority, for powers and duties of Department of
Environmental Protection, for property inspections, for
delegation to a municipality, for municipal action appeals,
for penalties, civil action and liability for costs and for
effect on other Commonwealth laws or regulations and
municipal ordinances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Riparian
Buffer Protection Act.
Section 2. 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:
"Department." The Department of Environmental Protection of
the Commonwealth.
"Exceptional value." Exceptional value that satisfies the
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provisions of 25 Pa. Code § 93.4b(b) (relating to qualifying as
high quality or exceptional value waters).
"Floodplain." A land area that:
(1) is susceptible to flooding; and
(2) has at least a 1% probability of flooding occurring
in a calendar year based on the basin being fully developed
as shown on a current land use plan. For an area without a
mapped one hundred-year floodplain, the one hundred-year
floodplain is considered to extend for a horizontal distance
of 50 feet from the top of the stream bank.
"High quality." Surface water having quality that exceeds
levels necessary to support propagation of fish, shellfish,
wildlife and recreation in and on the water by satisfying the
provisions of 25 Pa. Code § 93.4b(a).
"Impaired riparian buffer." A riparian buffer that, as a
result of land development activity, contains impervious cover
or is no longer a natural riparian buffer.
"Impervious cover." A surface that does not readily absorb
precipitation and surface water. The term includes:
(1) A building.
(2) A parking area.
(3) A driveway.
(4) A road.
(5) A sidewalk.
(6) A swimming pool.
(7) An area in concrete, asphalt, packed stone or an
equivalent surface, including a surface with a coefficient of
runoff of 0.7 or higher.
(8) Disturbed soil with a bulk density of 95% of the
value at which plant growth limitation is expected for
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average plant material.
"Land development." A land change, including clearing,
grubbing, stripping, removal of vegetation, tree cutting,
dredging, grading, excavating, transporting and filling of land,
construction, subdivision, paving or other increase in
impervious cover.
"Land development activity." An act that comprises,
facilitates or results in land development.
"Municipality." A political subdivision of this
Commonwealth, including a county, city, borough, township,
incorporated town or home rule municipality.
"Natural riparian buffer." A riparian buffer dominated by
native vegetation, including trees, shrubs or herbaceous plants,
and providing any of the following functions:
(1) maintaining the integrity of an adjacent stream
channel or shoreline or helping stabilize a stream bank,
including reducing erosion;
(2) reducing the impact of an upland source of pollution
by trapping, filtering or converting sediments, nutrients or
other contaminants;
(3) supplying food, cover, shelter, habitat or thermal
protection to fish, other aquatic life or other wildlife;
(4) protecting or benefiting the ecological and
absorptive capacity of soil, floodplain or wetland area;
(5) increasing storage and infiltration of floodwater
and reducing floodwater velocity; or
(6) reducing the impact of climate change by absorbing
greenhouse gases.
"Nontidal wetland." An area not influenced by tidal
fluctuations that is inundated or saturated by surface water or
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groundwater at a frequency and duration sufficient to support,
and under normal circumstances supports a prevalence of
vegetation typically adapted for life in saturated soil
conditions.
"One hundred-year floodplain." The area of land adjacent to
a stream that is subject to inundation during a storm event that
has a recurrence interval of 100 years.
"Ordinance." An ordinance adopted by a municipality for
riparian buffers.
"Permit." A final permit issued by a municipality for
undertaking a land development activity.
"Person." An individual, partnership, firm, association,
joint venture, public or private corporation, trust, estate,
commission, board, public or private