HB 2296 — 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 providing for siting of wetland replacement.

PRINTER'S NO.   3009

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2296
                                               Session of
                                                 2026

     INTRODUCED BY PROBST, FREEMAN, MADDEN, HILL-EVANS, BOROWSKI AND
        D. WILLIAMS, MARCH 16, 2026

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, MARCH 18, 2026


                                    AN ACT
 1   Amending the act of November 26, 1978 (P.L.1375, No.325),
 2      entitled "An act providing for the regulation and safety of
 3      dams and reservoirs, water obstructions and encroachments;
 4      consolidating and clarifying the programs of the Department
 5      of Environmental Resources and Navigation Commission for the
 6      Delaware River; establishing penalties and repealing certain
 7      acts," further providing for definitions; and providing for
 8      siting of wetland replacement.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    Section 3 of the act of November 26, 1978
12   (P.L.1375, No.325), known as the Dam Safety and Encroachments
13   Act, is amended by adding a definition to read:
14   Section 3.   Definitions.
15      The following words and phrases when used in this act shall
16   have, unless the context clearly indicates otherwise, the
17   meanings given to them in this section:
18      * * *
19      "Wetland."    An area that is inundated or saturated by surface
20   water or groundwater at a frequency and duration sufficient to
 1   support, and that under normal circumstances does support, a
 2   prevalence of vegetation typically adapted for life in saturated
 3   soil conditions, including swamps, marshes, bogs and similar
 4   areas.
 5      Section 2.    The act is amended by adding a section to read:
 6   Section 10.1.    Siting of wetland replacement.
 7      (a)   Whenever there is construction of replacement wetland
 8   resources to compensate for unavoidable wetland impacts as a
 9   result of permitting actions or as a measure to mitigate the
10   effects of violations, the wetland replacement actions shall
11   adhere to the following siting requirements:
12            (1)   Wetland replacement shall occur, where possible,
13      immediately adjacent to the wetland affected by the
14      obstruction or encroachment.
15            (2)   If the location of the wetland replacement site in
16      accordance with paragraph (1) is not practicable or feasible,
17      every effort shall be made to locate the wetland replacement
18      site along or adjacent to the watercourse that receives
19      benefit from the impacted wetland system.
20            (3)   If the location of the wetland replacement site in
21      accordance with paragraph (2) is not practicable or feasible,
22      the site shall be located within the watershed of that
23      watercourse.
24            (4)   If a suitable site cannot be found to meet the
25      criteria under paragraphs (1), (2) and (3), the department
26      shall consider locating the replacement site adjacent to the
27      next higher order stream or watercourse in the watershed.
28            (5)   The department shall reject a wetland replacement
29      proposal for construction in a watershed other than that
30      where the loss has occurred unless all suitable locations

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 1      have been exhausted.
 2            (6)   If the wetland impact occurs within a designated
 3      coastal zone management area, the wetland replacement shall
 4      be undertaken in that coastal zone management area.
 5      (b)   If the wetland replacement occurs anywhere other than
 6   immediately adjacent to the wetland affected by the obstruction
 7   or encroachment, the department shall require documentation of
 8   why it was not practicable or feasible to locate the wetland
 9   replacement site adjacent to the impacted wetland.
10      Section 3.    This act shall take effect immediately.




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