HB 763 — 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 and for enforcement orders.

PRINTER'S NO.   787

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 763
                                               Session of
                                                 2025

     INTRODUCED BY HAMM, SMITH, ROWE, PICKETT, M. JONES, DALEY,
        LEADBETER AND FINK, MARCH 3, 2025

     REFERRED TO COMMITTEE ON GAME AND FISHERIES, MARCH 3, 2025


                                    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 permit issuance and conditions
 8      and for enforcement orders.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    Section 9 of the act of November 26, 1978
12   (P.L.1375, No.325), known as the Dam Safety and Encroachments
13   Act, is amended to read:
14   Section 9.   Permit issuance and conditions.
15      (a)   The department shall have the power to grant a permit if
16   it determines that the proposed project complies with the
17   provisions of this act and the regulations adopted hereunder,
18   and complies with all other applicable laws administered by the
19   department[, the Pennsylvania Fish Commission] and any river
20   basin commission created by interstate compact.
21      (b)   The department may impose such permit terms and
 1   conditions regarding construction, operation, maintenance,
 2   inspection and monitoring of the project as are necessary to
 3   assure compliance with this act and other laws administered by
 4   the department[, the Pennsylvania Fish Commission] and any river
 5   basin commission created by interstate compact.
 6      (c)   Permit issuance and conditions shall be in accordance
 7   with the following:
 8            (1)   The Pennsylvania Fish and Boat Commission shall have
 9      no authority or jurisdiction related to stream maintenance or
10      clearing activities within this Commonwealth.
11            (2)   No approval or authorization from the Pennsylvania
12      Fish and Boat Commission shall be required for any stream
13      maintenance or clearing activities conducted within this
14      Commonwealth.
15            (3)   The department may not delegate its authority
16      related to stream maintenance or clearing activities to the
17      Pennsylvania Fish and Boat Commission.
18            (4)   Nothing in this act shall be construed to prevent
19      the Pennsylvania Fish and Boat Commission from being involved
20      in an advisory capacity with permits and plans regarding the
21      construction or installation of new bridges or culverts.
22      Section 2.    Section 20 of the act is amended by adding a
23   subsection to read:
24   Section 20.    Enforcement orders.
25      * * *
26      (e)   The Pennsylvania Fish and Boat Commission may enforce
27   stream maintenance or clearing activities in this Commonwealth
28   only when there is a potential violation under 30 Pa.C.S.
29   (relating to fish) due to a person not having a valid permit or
30   conducting an activity that was not authorized by the permit.

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 1   The Pennsylvania Fish and Boat Commission shall not find that a
 2   stream maintenance or clearing activity violates 30 Pa.C.S. if
 3   the stream maintenance or clearing activity is general
 4   maintenance of a bridge or culvert. The Pennsylvania Fish and
 5   Boat Commission shall not enforce a penalty for a violation
 6   under 30 Pa.C.S. until the Pennsylvania Fish and Boat Commission
 7   contacts the department and the relevant county conservation
 8   district to ensure that the stream maintenance or clearing
 9   activity was not authorized by a valid permit.
10      Section 3.   This act shall take effect in 60 days.




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