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.

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
 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 for scope of
 8      act.
 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      "Flood-related hazard."    Any gravel bar, flood debris or
20   similar obstruction which may present a substantial potential
 1   risk to life or property or may create additional problems in
 2   the event of flooding.
 3      * * *
 4      Section 2.        Section 4 of the act is amended to read:
 5   Section 4.     Scope.
 6      (a)   This act shall apply to:
 7            (1)   All dams on a natural or artificial watercourse,
 8      other than those licensed pursuant to the Federal Power Act,
 9      where:
10                  (i)    the contributory drainage area exceeds 100
11            acres; or
12                  (ii)    the greatest depth of water at maximum storage
13            elevation exceeds 15 feet; or
14                  (iii)    the impounding capacity at maximum storage
15            elevation exceeds 50 acre-feet.
16            (2)   All dams used for the storage of water not located
17      on a watercourse and which have no contributory drainage,
18      where the greatest depth of water at maximum storage
19      elevation exceeds 15 feet and the impounding capacity at
20      maximum storage elevation exceeds 50 acre-feet.
21            (3)   All dams used for the storage of fluids or
22      semifluids other than water, the escape of which may result
23      in air, water or land pollution, or may result in danger to
24      persons or property.
25            (4)   All water obstructions and encroachments other than
26      dams, located in, along, across or projecting into any
27      watercourse, floodway or body of water, whether temporary or
28      permanent.
29      (b)   This act shall not apply to a person taking actions to
30   mitigate a flood-related hazard on a normal agricultural

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1   operation, as defined in section 2 of the act of June 10, 1982
2   (P.L.454, No.133), referred to as the Right-to-Farm Law.
3      Section 3.   This act shall take effect immediately.




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