Pennsylvania SB 352: 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 definitions and for scope of act.

Bill Text

PRINTER'S NO. 289
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 352
Session of
2025
INTRODUCED BY BROOKS, ROTHMAN, STEFANO AND DUSH,
FEBRUARY 26, 2025
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 26, 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 definitions and for scope of
act.
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." Any gravel bar, flood debris or
similar obstruction which may present a substantial potential
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risk to life or property or may create additional problems in
the event of flooding.
* * *
Section 2. Section 4 of the act is amended to read:
Section 4. Scope.
(a) This act shall apply to:
(1) All dams on a natural or artificial watercourse,
other than those licensed pursuant to the Federal Power Act,
where:
(i) the contributory drainage area exceeds 100
acres; or
(ii) the greatest depth of water at maximum storage
elevation exceeds 15 feet; or
(iii) the impounding capacity at maximum storage
elevation exceeds 50 acre-feet.
(2) All dams used for the storage of water not located
on a watercourse and which have no contributory drainage,
where the greatest depth of water at maximum storage
elevation exceeds 15 feet and the impounding capacity at
maximum storage elevation exceeds 50 acre-feet.
(3) All dams used for the storage of fluids or
semifluids other than water, the escape of which may result
in air, water or land pollution, or may result in danger to
persons or property.
(4) All water obstructions and encroachments other than
dams, located in, along, across or projecting into any
watercourse, floodway or body of water, whether temporary or
permanent.
(b) This act shall not apply to a person taking actions to
mitigate a flood-related hazard on a normal agricultural
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operation, as defined in section 2 of the act of June 10, 1982
(P.L.454, No.133), referred to as the Right-to-Farm Law.
Section 3. This act shall take effect immediately.
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