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.

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
 1   Providing for protection of existing riparian buffers, for
 2      restoration of impaired riparian buffers, for exemptions, for
 3      municipal authority, for powers and duties of Department of
 4      Environmental Protection, for property inspections, for
 5      delegation to a municipality, for municipal action appeals,
 6      for penalties, civil action and liability for costs and for
 7      effect on other Commonwealth laws or regulations and
 8      municipal ordinances.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11   Section 1.   Short title.
12      This act shall be known and may be cited as the Riparian
13   Buffer Protection Act.
14   Section 2.   Definitions.
15      The following words and phrases when used in this act shall
16   have the meanings given to them in this section unless the
17   context clearly indicates otherwise:
18      "Department."    The Department of Environmental Protection of
19   the Commonwealth.
20      "Exceptional value."     Exceptional value that satisfies the
 1   provisions of 25 Pa. Code § 93.4b(b) (relating to qualifying as
 2   high quality or exceptional value waters).
 3      "Floodplain."   A land area that:
 4          (1)   is susceptible to flooding; and
 5          (2)   has at least a 1% probability of flooding occurring
 6      in a calendar year based on the basin being fully developed
 7      as shown on a current land use plan. For an area without a
 8      mapped one hundred-year floodplain, the one hundred-year
 9      floodplain is considered to extend for a horizontal distance
10      of 50 feet from the top of the stream bank.
11      "High quality."     Surface water having quality that exceeds
12   levels necessary to support propagation of fish, shellfish,
13   wildlife and recreation in and on the water by satisfying the
14   provisions of 25 Pa. Code § 93.4b(a).
15      "Impaired riparian buffer."     A riparian buffer that, as a
16   result of land development activity, contains impervious cover
17   or is no longer a natural riparian buffer.
18      "Impervious cover."     A surface that does not readily absorb
19   precipitation and surface water. The term includes:
20          (1)   A building.
21          (2)   A parking area.
22          (3)   A driveway.
23          (4)   A road.
24          (5)   A sidewalk.
25          (6)   A swimming pool.
26          (7)   An area in concrete, asphalt, packed stone or an
27      equivalent surface, including a surface with a coefficient of
28      runoff of 0.7 or higher.
29          (8)   Disturbed soil with a bulk density of 95% of the
30      value at which plant growth limitation is expected for

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 1      average plant material.
 2      "Land development."   A land change, including clearing,
 3   grubbing, stripping, removal of vegetation, tree cutting,
 4   dredging, grading, excavating, transporting and filling of land,
 5   construction, subdivision, paving or other increase in
 6   impervious cover.
 7      "Land development activity."     An act that comprises,
 8   facilitates or results in land development.
 9      "Municipality."   A political subdivision of this
10   Commonwealth, including a county, city, borough, township,
11   incorporated town or home rule municipality.
12      "Natural riparian buffer."    A riparian buffer dominated by
13   native vegetation, including trees, shrubs or herbaceous plants,
14   and providing any of the following functions:
15          (1)   maintaining the integrity of an adjacent stream
16      channel or shoreline or helping stabilize a stream bank,
17      including reducing erosion;
18          (2)   reducing the impact of an upland source of pollution
19      by trapping, filtering or converting sediments, nutrients or
20      other contaminants;
21          (3)   supplying food, cover, shelter, habitat or thermal
22      protection to fish, other aquatic life or other wildlife;
23          (4)   protecting or benefiting the ecological and
24      absorptive capacity of soil, floodplain or wetland area;
25          (5)   increasing storage and infiltration of floodwater
26      and reducing floodwater velocity; or
27          (6)   reducing the impact of climate change by absorbing
28      greenhouse gases.
29      "Nontidal wetland."   An area not influenced by tidal
30   fluctuations that is inundated or saturated by surface water or

20250HB0673PN0687                    - 3 -
 1   groundwater at a frequency and duration sufficient to support,
 2   and under normal circumstances supports a prevalence of
 3   vegetation typically adapted for life in saturated soil
 4   conditions.
 5      "One hundred-year floodplain."         The area of land adjacent to
 6   a stream that is subject to inundation during a storm event that
 7   has a recurrence interval of 100 years.
 8      "Ordinance."       An ordinance adopted by a municipality for
 9   riparian buffers.
10      "Permit."    A final permit issued by a municipality for
11   undertaking a land development activity.
12      "Person."    An individual, partnership, firm, association,
13   joint venture, public or private corporation, trust, estate,
14   commission, board, public or private institution, utility,
15   cooperative, city, county or other political subdivision and an
16   interstate body or other legal entity.
17      "Pollution."       Contamination of waters of this Commonwealth,
18   including contamination by alteration of the physical, chemical
19   or biological properties of the waters, or change in
20   temperature, taste, color or odor of the waters, or the
21   discharge of a liquid, gaseous, radioactive, solid or other
22   substance into the waters that does, will or is likely to:
23          (1)     degrade water quality;
24          (2)     create a nuisance;
25          (3)     render waters harmful, detrimental or injurious to:
26                 (i)    public health, safety or welfare;
27                 (ii)    domestic, municipal, commercial, industrial,
28          agricultural, recreational or other legitimate beneficial
29          use; or
30                 (iii)    livestock, wild animals, birds or fish or

20250HB0673PN0687                      - 4 -
 1          other aquatic life; or
 2          (4)     cause or contribute to the failure of a water body
 3      to meet applicable water quality standards or criteria
 4      enacted by the Commonwealth or a river basin commission of
 5      which the Commonwealth is a voting member.
 6      "Riparian."    Belonging or related to the bank of a water
 7   body, river, stream, wetland, lake, pond or impoundment.
 8      "Riparian buffer area."    An area adjacent to a water body.
 9      "Riparian buffer restoration."       Returning an impaired
10   riparian buffer to a natural riparian buffer dominated by native
11   vegetation, including trees, shrubs or herbaceous plants.
12      "Sewage facility."    As used in the act of January 24, 1966
13   (1965 P.L.1535, No.537), known as the Pennsylvania Sewage
14   Facilities Act.
15      "Stream."    A perennial or intermittent watercourse with a
16   defined channel, bed and banks.
17      "Stream bank."    Sloping land that contains a stream channel
18   and the normal flow of the stream.
19      "Stream channel."    The part of a watercourse either naturally
20   or artificially created that contains an intermittent or
21   perennial base flow of groundwater origin. A base flow of
22   groundwater origin may be distinguished by any of the following
23   physical indicators:
24          (1)     Hydrophytic vegetation, hydric soil or other
25      hydrologic indicators in the area where groundwater enters
26      the stream channel in the vicinity of the stream headwaters,
27      channel bed or channel banks.
28          (2)     Flowing water not directly related to a storm event.
29          (3)     A historical record of a local high groundwater
30      table, including a well or stream gauge record.

20250HB0673PN0687                    - 5 -
 1      "Vernal pond."     A small body of standing water that forms in
 2   the spring from meltwater and is often dry by midsummer or may
 3   be dry before the end of the spring growing season.
 4      "Water body."     A natural or manmade pond, lake, wetland,
 5   impoundment, stream or watercourse. The term does not include a
 6   pond or facility designed and constructed solely to contain
 7   storm water.
 8      "Watercourse."     A channel of conveyance of surface water
 9   having a defined bed and banks, including a stream, river, brook
10   or creek, whether natural or artificial, with perennial,
11   intermittent or seasonal flow. The term does not include a
12   channel or ditch designed and constructed solely to carry storm
13   water.
14      "Watershed."     The land area that drains into a particular
15   stream, water body or watercourse.
16   Section 3.     Protection of existing riparian buffers.
17      (a)   Prohibition.--Except as otherwise provided in this act,
18   land development may not be permitted within a riparian buffer
19   area.
20      (b)   Width of riparian buffer area.--Except as required under
21   subsection (c), the width of the riparian buffer area protected
22   under subsection (a) shall be a minimum of 100 feet on each side
23   of the stream as measured from the top of the bank.
24      (c)   Additional width requirements.--
25            (1)   If the water body is designated as high quality or
26      exceptional value, the minimum width shall be 300 feet on
27      each side of the water body as measured from the top of the
28      bank.
29            (2)   In the case of the presence of a nontidal wetland or
30      vernal pond wholly or partially within the riparian buffer

20250HB0673PN0687                    - 6 -
 1    area, an additional 25 feet shall be added to the widths
 2    under this section from the wetland or vernal pond boundary.
 3        (3)    The following additional distances shall be added to
 4    the minimum widths under this section based on the following
 5    formula:
 6               (i)    ten feet if slope is 10% - 15%;
 7               (ii)    twenty feet if slope is 16% - 17%;
 8               (iii)    thirty feet if slope is 18% - 20%;
 9               (iv)    fifty feet if slope is 21% - 23%;
10               (v)    sixty feet if slope is 24% - 25%; or
11               (vi)    seventy feet if slope exceeds 25%.
12        (4)    If the water body has been identified as impaired in
13    accordance with 33 U.S.C. § 1313 (relating to water quality
14    standards and implementation plans) and implementing State
15    regulations, an additional 50 feet shall be added to the
16    minimum 100-foot width. In the case of a water body that has
17    been identified as impaired by the department, the developer
18    may choose to either extend the riparian buffer area an
19    additional 50 feet from the top of the bank beyond the other
20    requirements or to implement the following improvements in
21    the riparian buffer area and in the developed area adjacent
22    to the riparian buffer area:
23               (i)    The improvements to the buffer area shall be as
24        follows:
25                      (A)   Fifty percent or more of trees planted in
26               the riparian buffer area must be of two-inch caliper
27               or greater. Tree species composition shall consist of
28               a diverse mix of native tree species planted in the
29               proper hydrologic zone as listed in Appendix B of the
30               Pennsylvania Stormwater Best Management Practices

20250HB0673PN0687                      - 7 -
 1             Manual.
 2                    (B)   An applicant shall develop and implement an
 3             operation and maintenance plan for the riparian
 4             buffer to be approved by the department. The
 5             operation and maintenance plan shall require
 6             maintenance activities for a minimum of five years,
 7             include measures to control invasive species, deer
 8             and rodent damage and require replacement of all
 9             deceased trees for a minimum of the first three
10             years.
11                    (C)   An applicant shall provide permanent
12             protection of a riparian buffer area by placing a
13             conservation easement on the property.
14             (ii)    The improvements to the adjacent area shall be
15        as follows:
16                    (A)   Achieve no net increase in predevelopment to
17             postdevelopment volume, rate, peak and concentration
18             of pollutants in water quality using alternative site
19             design, low-impact development principles, such as
20             limiting disturbance, infiltration best management
21             practices and other environmentally sound storm water
22             best management practices.
23                    (B)   Through deed restriction for the lots sold
24             and as a condition of a final land development plan
25             approval, ban the use of fertilizers, pesticides,
26             herbicides or other chemicals on lawns and other
27             portions of the property, except that herbicides may
28             be used for invasive species control in riparian
29             buffer areas if part of an operation and maintenance
30             plan approved by the department.

20250HB0673PN0687                    - 8 -
 1                       (C)   A development shall replace the trees
 2                   removed during the development process with the
 3                   caliper of removed trees matched by the sum of the
 4                   caliper of replacement trees.
 5      (d)   Condition of other approvals and permits.--Full
 6   compliance with the provisions of this act shall be a condition
 7   of an approval or permit issued by a Commonwealth agency or any
 8   political subdivision, including the following:
 9            (1)    An approval of land development activity.
10            (2)    A building permit.
11            (3)    A zoning hearing board approval.
12            (4)    A conditional use approval.
13            (5)    A subdivision approval.
14            (6)    An erosion and sediment control permit.
15            (7)    A grading permit.
16            (8)    An encroachment permit.
17            (9)    A National Pollutant Discharge Elimination System
18      permit.
19            (10)    An approval for a planning module for a sewage
20      facility.
21   Section 4.      Restoration of impaired riparian buffers.
22      (a)   Condition.--For a property with an impaired riparian
23   buffer, riparian buffer restoration shall be a condition of a
24   governmental approval or permit, including the following:
25            (1)    An approval of land development activity.
26            (2)    A building permit.
27            (3)    A zoning hearing board approval.
28            (4)    A conditional use approval.
29            (5)    A subdivision approval.
30            (6)    An erosion and sediment control permit.

20250HB0673PN0687                        - 9 -
 1             (7)    A grading permit.
 2             (8)    An encroachment permit.
 3             (9)    A National Pollutant Discharge Elimination System
 4      permit.
 5             (10)    An approval for a planning module for a sewage
 6      facility.
 7      (b)    Requirement.--Riparian buffer restoration shall conform
 8   to the width requirements as specified under section 3.
 9      (c)    Trees and plants.--As part of riparian buffer
10   restoration, 50% or more of the trees planted in the riparian
11   buffer area must be of two-inch caliper or greater. Plant
12   species composition shall consist of a diverse mix of native
13   species planted in the proper hydrologic zone as listed in
14   Appendix B of the Pennsylvania Stormwater Best Management
15   Practices Manual.
16   Section 5.       Exemptions.
17      (a)    Land development activity.--The following land uses
18   shall be exempt from a prohibition or requirement under section
19   3 or 4:
20             (1)    A land use existing as of the effective date of this
21      section, except as follows:
22                    (i)    when the existing land use or a building or
23             structure involved in the use is enlarged, increased or
24             extended to occupy a greater area of land;
25                    (ii)    when the existing land use or a building or
26             structure involved in the use is moved, in whole or in
27             part, to another portion of the property; or
28                    (iii)    when the existing land use ceases for a period
29             of more than one year.
30             (2)    Agricultural production that is consistent with

20250HB0673PN0687                         - 10 -
 1    Federal and State law, the regulations promulgated by the
 2    department and best management practices established by the
 3    State Conservation Commission and the Department of
 4    Agriculture.
 5        (3)   Selective logging provided that the logging
 6    practices comply with the best management practices
 7    established by the Bureau of Forestry, provided the logging
 8    does not occur within 100 feet of a stream.
 9        (4)   A crossing by a transportation facility or utility
10    line. The issuance of a permit for a use or activity under
11    this paragraph is contingent upon the completion of:
12              (i)    A feasibility study that identifies alternative
13        routing strategies that do not impact a riparian buffer
14        area.
15              (ii)   A mitigation plan to minimize impacts on the
16        riparian buffer area utilizing natural channel design
17        practices to the greatest degree possible.
18        (5)   A temporary stream restoration project, stream bank
19    restoration project or vegetation restoration project to
20    restore the stream or riparian zone to an ecologically
21    healthy state utilizing natural channel design practices to
22    the greatest degree possible.
23        (6)   A structure, including a United States Geological
24    Survey gauging station, public water supply, intake structure
25    or permitted discharge outfall that, by its nature, cannot be
26    located anywhere except within the riparian buffer area. The
27    structures shall provide for the minimum practicable
28    disturbance of the riparian buffer area by minimizing size
29    and location and by taking advantage of collocation, if
30    possible. A storm water conveyance structure or outfall shall

20250HB0673PN0687                   - 11 -
 1    not be included under this paragraph and shall be located
 2    outside of the buffer area.
 3        (7)   A wildlife and fisheries management activity
 4    consistent with the purposes of the following:
 5              (i)    The act of December 5, 1972 (P.L.1277, No.283),
 6        known as the Pennsylvania Scenic Rivers Act.
 7              (ii)    The act of April 28, 1978 (P.L.87, No.41),
 8        known as the Pennsylvania Appalachian Trail Act.
 9              (iii)    The act of June 23, 1982 (P.L.597, No.170),
10        known as the Wild Resource Conservation Act.
11              (iv)    30 Pa.C.S. (relating to fish).
12              (v)    34 Pa.C.S. (relating to game).
13        (8)   Construction of a single-family residence, including
14    the usual appurtenances, if:
15              (i)    Based on the size, shape or topography of the
16        property, as of the effective date of this section, it is
17        not reasonably possible to construct a single-family
18        dwelling without encroaching upon the riparian buffer
19        area.
20              (ii)    The land development conforms with all other
21        zoning and land use regulations.
22              (iii)    The dwelling is not located, in whole or part,
23        in a one hundred-year floodplain.
24              (iv)    A septic tank, septic drain field or other
25        sewage management facility is not located within the
26        riparian buffer area.
27              (v)    To the maximum extent practicable the dwelling
28        avoids disturbance of the riparian buffer area.
29              (vi)    An encroachment into the riparian buffer area
30        is offset by an equal amount of wider riparian buffer

20250HB0673PN0687                   - 12 -
 1        width elsewhere on the same property so the average width
 2        and total area of the riparian buffer meet the
 3        requirements as specified in section 3.
 4               (vii)    The construction, dwelling or property was not
 5        originally presented for approval and following the
 6        effective date of this section, is not part of a multilot
 7        subdivision.
 8        (9)    Low-impact outdoor recreation facilities for public
 9    use that are water dependent, including a dock or boat
10    launch, provided that the facility contains less than 500
11    square feet of new impervious surface.
12        (10)    Multiuse paths, access ways, trails, interpretive
13    and educational displays or overlooks, provided that:
14               (i)    Overlooks or interpretive or educational
15        displays minimize to the greatest degree possible and,
16        individually and collectively, result in less than 500
17        square feet of buffer disturbance.
18               (ii)    Trails shall:
19                      (A)   be part of a regional development plan;
20                      (B)   if possible, be located within the
21               boundaries of an existing travel corridor;
22                      (C)   not solely serve a single residence,
23               business or residential development;
24                      (D)   be constructed using nonhazardous, pervious
25               materials with a maximum width of four feet;
26                      (E)   be located at least 50 feet from the edge of
27               a bank; and
28                      (F)   if the trail is new and is not located
29               within the boundaries of an existing travel corridor,
30               be fully compensated for by additional buffer

20250HB0673PN0687                     - 13 -
 1                   protection or restoration along the length of the
 2                   trail route.
 3            (11)    Other uses permitted by the department under the
 4      act of June 22, 1937 (P.L.1987, No.394), known as The Clean
 5      Streams Law, and the act of November 26, 1978 (P.L.1375,
 6      No.325), known as the Dam Safety and Encroachments Act.
 7      (b)   Requirements.--The exempted uses, structures and
 8   activities shall comply with the requirements of 25 Pa. Code Ch.
 9   102 (relating to erosion and sediment control) and the
10   applicable best management practices and may not diminish water
11   quality except as permitted by the department.
12      (c)   Location.--The exempted uses shall be located as far
13   from the stream bank as reasonably possible.
14   Section 6.      Municipal authority.
15      (a)   Authority.--A municipality may enact a local land use
16   ordinance to protect, preserve and restore riparian buffers. A
17   riparian buffer ordinance adopted by a municipality shall
18   conform to this act.
19      (b)   Existing ordinance.--A municipality that has enacted a
20   riparian buffer ordinance prior to the effective date of this
21   section may continue to enforce the ordinance until:
22            (1)    the municipality revises or amends the ordinance; or
23            (2)    the municipality is required by law to update a
24      municipal ordinance necessary to implement an applicable
25      watershed storm water management plan under the act of
26      October 4, 1978 (P.L.864, No.167), known as the Storm Water
27      Management Act, or fulfill a legal obligation regarding its
28      Municipal Separate Storm Sewer Program or total maximum daily
29      load. At this time, the municipality shall amend the
30      ordinance to conform to the provisions of this act.

20250HB0673PN0687                      - 14 -
 1      (c)   Variances.--A municipality that enacts an ordinance
 2   under this act shall provide for the consideration of variances.
 3   The following apply:
 4            (1)   In granting a variance, the municipality may allow
 5      the buffer width to be relaxed and the permitted buffer area
 6      to become narrower at some points as long as the average
 7      width and total area meet the requirements under section 3.
 8      The averaging of the buffer area may be used to allow for the
 9      presence of an existing structure or to recover a lost lot,
10      however, the buffer width may not be narrowed by more than
11      25%, and new land development activity may not take place
12      within the one hundred-year floodplain.
13            (2)   The municipality may offer credit for additional
14      density elsewhere on the site in compensation for the loss of
15      developable land due to the requirements of this act. The
16      compensation may increase the total number of dwelling units
17      on the site up to the amount permitted under the base zoning
18      requirements.
19            (3)   A municipality may grant a variance if the applicant
20      demonstrates any of the following:
21                  (i)    Strict compliance would prevent all economic use
22            of the property or constitute a legally defined taking.
23                  (ii)    The project would serve a public need and no
24            feasible alternative is available.
25                  (iii)    The project consists of the repair and
26            maintenance of public improvements where avoidance and
27            minimization of adverse impacts to the riparian buffer
28            area have been addressed.
29            (4)   The following procedures apply:
30                  (i)    An applicant shall submit a written request for

20250HB0673PN0687                       - 15 -
 1            a variance to the municipality. The application shall
 2            include specific reasons justifying the variance and any
 3            other information necessary to evaluate the proposed
 4            variance request.
 5                  (ii)    The municipality may require an alternative
 6            analysis that clearly demonstrates that no other feasible
 7            alternatives exist and that minimal impact will occur as
 8            a result of the project or development.
 9                  (iii)    In granting a request for a variance, the
10            municipality may require additional site design,
11            landscape planting, fencing, the placement of signs and
12            the establishment of water quality best management
13            practices in order to reduce impacts on water quality,
14            wetlands and floodplains.
15      (d)   Inspections.--The municipality may conduct
16   investigations where probable cause exists to carry out its
17   authority as specified under this act. For this purpose, the
18   municipality may enter where probable cause exists upon public
19   or private property to investigate and inspect property that
20   contains a riparian buffer.
21      (e)   Enforcement.--
22            (1)   The zoning enforcement officer or other person
23      designated by the governing body of a municipality shall
24      enforce the requirements of this act in accordance with this
25      section.
26            (2)   If, upon inspection or investigation, the zoning
27      enforcement officer or other authorized agent determines that
28      an activity violates the requirements of this act, the
29      activity shall be considered to be in violation of this act.
30            (3)   Upon the determination of a violation, the

20250HB0673PN0687                       - 16 -
 1      municipality shall issue a notice of violation to the permit
 2      holder, property owner or party in charge of the activity on
 3      the property. The notice must be in writing and require the
 4      immediate stoppage of the work on the property. The notice
 5      shall include:
 6                  (i)    The name and address of the owner.
 7                  (ii)    The address or description and location of the
 8            property where the violation occurred.
 9                  (iii)    A description of the violation.
10                  (iv)    A description of the corrective actions needed
11            to return to compliance and a time schedule to complete
12            the corrective actions.
13            (4)   Where an emergency exists, a written notice shall
14      not be required to stop work. Written notice of the stop-work
15      order shall be presented to the appropriate responsible
16      parties within three business days of the emergency order.
17   Section 7.     Powers and duties of department.
18      (a)   General authorization.--The department may promulgate
19   regulations and take action to protect, preserve and restore
20   riparian buffers. Riparian buffer regulations adopted by the
21   department shall conform to the provisions of this act.
22      (b)   Variance.--The department may grant a variance for a
23   property located in a municipality that does not enact an
24   ordinance under this act.
25      (c)   Buffer area.--In granting a variance, the department may
26   allow the buffer width to be relaxed and the permitted buffer
27   area to become narrower at points if the average width and total
28   area meet the requirements under section 3. The averaging of the
29   buffer area may be used to allow for the presence of an existing
30   structure or to recover a lost lot. The buffer width may not be

20250HB0673PN0687                       - 17 -
 1   narrowed by more than 25%, and new land development activity may
 2   not take place within the one hundred-year floodplain.
 3      (d)   Grant criteria.--The department may grant a variance if
 4   an applicant for the variance demonstrates any of the following:
 5            (1)   Strict compliance would prevent all economic use of
 6      the property or constitute a legally defined taking.
 7            (2)   The project would serve a public need and a feasible
 8      alternative is not available.
 9            (3)   The project consists of the repair and maintenance
10      of public improvements which address avoidance and
11      minimization of adverse impacts to the riparian buffer area.
12      (e)   Application requirements.--In determining whether to
13   grant a request for a variance, the following apply:
14            (1)   An applicant for a variance must submit a written
15      request for a variance to the department. The application
16      shall include specific reasons justifying the variance and
17      any other information necessary to evaluate the proposed
18      variance.
19            (2)   The department shall require an analysis clearly
20      demonstrating that feasible alternatives do not exist and
21      that minimal impact will occur as a result of the project.
22            (3)   The department shall require additional site design,
23      landscape planting, fencing, the placement of signs and the
24      establishment of water quality best management practices in
25      order to reduce impacts on water quality, wetlands and
26      floodplains.
27   Section 8.     Property inspections.
28      (a)   Authorization.--The department may enter upon a property
29   at a reasonable time for the purpose of inspecting property that
30   contains riparian buffers to enforce the provisions of this act.

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 1      (b)   Entry denial prohibited.--A person may not deny entry to
 2   any agent of the department conducting an inspection under
 3   subsection (a) or otherwise obstruct, hamper or interfere with
 4   the agent while conducting the inspection.
 5      (c)   Violations.--If the department determines that an
 6   activity violates the requirements of this act as a result of an
 7   investigation under subsection (a), the activity shall be in
 8   violation of this act.
 9      (d)   Violation notice.--Except as provided in subsection (e),
10   upon determining a violation occurred under this act, the
11   department shall issue a written notice of the violation to the
12   permit holder, property owner or party in charge of the activity
13   on the property. The notice shall require the immediate stoppage
14   of all work on the property. The notice shall include all of the
15   following:
16            (1)   The name and address of the owner.
17            (2)   The address or description of the property where the
18      violation occurred.
19            (3)   A description of the violation.
20            (4)   A description of the corrective actions needed to
21      return to compliance under this act and a time schedule to
22      complete the corrective actions.
23      (e)   Emergency order.--When an emergency exists as determined
24   by the department, the department shall issue a stop-work order
25   and may not provide the written notice required under subsection
26   (d). Written notice as required under subsection (d) shall not
27   be issued later than three business days after the order.
28   Section 9.     Delegation to a municipality.
29      (a)   Authority to delegate.--The department may delegate to a
30   municipality any responsibilities under this act. The

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 1   municipality acting under the agreement shall have the same
 2   powers and duties otherwise vested in the department under this
 3   act.
 4      (b)   Supervision.--The department shall monitor the
 5   activities of a municipality that acts under an agreement under
 6   subsection (a).
 7      (c)   Appeals.--No later than 30 days after notice of an
 8   action by a municipality under an agreement under subsection
 9   (a), a person aggrieved by the action may appeal to the
10   Environmental Hearing Board in accordance with the act of July
11   13, 1988 (P.L.530, No.94), known as the Environmental Hearing
12   Board Act.
13   Section 10.    Municipal action appeals.
14      (a)   Appeals.--No later than 10 days after notice of an
15   action by a municipality imposed under this act, a person
16   aggrieved by the action may appeal in writing to the zoning
17   hearing board. No later than 45 days after the zoning hearing
18   board receives the appeal, the person shall receive a hearing
19   before the zoning hearing board.
20      (b)   Judicial review.--A person aggrieved by an action of a
21   municipality imposed under this act shall have the right to
22   appeal de novo to the court of common pleas of the county where
23   the municipality is located.
24   Section 11.    Penalties, civil action and liability for costs.
25      (a)   Penalties.--The penalties that may be assessed for a
26   violation of this act include:
27            (1)   If, through inspection, it is determined that the
28      corrective actions specified in a stop-work order have not
29      been completed within the specified time, the responsible
30      party shall be deemed in violation, and in addition to other

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 1    penalties, a performance bond shall be subject to forfeiture.
 2          (2)   A permit issued by the department or a municipality
 3    may be suspended, revoked or modified if, through inspection,
 4    it is determined the corrective actions specified in a stop-
 5    work order have not been completed within the specified time.
 6          (3)   A person who violates a provision of this act,
 7    regulation or ordinance authorized under this act, permit
 8    condition or stop-work order and the owner of the land where
 9    the violation occurs shall be liable for a civil penalty of
10    not less than $1,000 and not more than $2,000 per violation
11    per day. Each day the violation continues shall constitute a
12    separate offense.
13          (4)   As follows:
14                (i)    If a person violates a provision of this act,
15          regulation or ordinance authorized by this act,
16          permitting conditions or stop-work order, the
17          Commonwealth or municipality may issue a citation to the
18          owner of the land where the violation occurs or other
19          responsible person, requiring the person to appear in the
20          appropriate court to answer charges for the violation.
21                (ii)   Upon conviction, the owner of the land where
22          the violation occurs or other responsible person shall be
23          liable for a criminal penalty in the form of imprisonment
24          for not more than 90 days or a fine of not less than
25          $1,000 and not more than $2,000 per violation per day, or
26          both. Every day that the violation continues shall be
27          considered a separate offense.
28    (b)   Civil action for recovery of damages.--
29          (1)   In addition to any other sanction authorized under
30    this act, a person who fails to comply with the provisions of

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 1      this act or a regulation or ordinance authorized by this act
 2      shall be liable to the Commonwealth or municipality in a
 3      civil action for damages equal to one and one-half times the
 4      cost of restoring the buffer.
 5            (2)   The damages recovered under this subsection shall be
 6      used for the restoration of buffer systems or for the
 7      administration of programs for the protection and restoration
 8      of water quality, streams, wetlands and floodplains.
 9      (c)   Liability for costs.--A person who violates a provision
10   of this act or a regulation or ordinance authorized by this act
11   may be liable for a cost or expense incurred by the Commonwealth
12   or a municipality as a result.
13   Section 12.    Severability.
14      If a provision of this act or a regulation or ordinance
15   authorized by this act is declared invalid or unconstitutional
16   by a court of competent jurisdiction, the validity of the
17   remainder shall not be affected by the invalidity or
18   unconstitutionality.
19   Section 13.    Effective date.
20      This act shall take effect in 60 days.




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