SB 404 — An Act amending the act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act, providing for county conservation district stream reconstruction emergency permit authorizations.

PRINTER'S NO.   383

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 404
                                               Session of
                                                 2025

     INTRODUCED BY YAW, ROTHMAN, HUTCHINSON, LAUGHLIN, VOGEL AND
        STEFANO, MARCH 17, 2025

     REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 17, 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," providing for county conservation district stream
 8      reconstruction emergency permit authorizations.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    The act of November 26, 1978 (P.L.1375, No.325),
12   known as the Dam Safety and Encroachments Act, is amended by
13   adding a section to read:
14   Section 17.1.    County conservation district stream
15               reconstruction emergency permit authorizations.
16      (a)   A county conservation district with an approved
17   delegation agreement in accordance with sections 6 and 17 and
18   sections 9(11) and 11(2) of the act of May 15, 1945 (P.L.547,
19   No.217), known as the "Conservation District Law," to administer
20   certain activities under 25 Pa. Code Ch. 105 (relating to dam
21   safety and waterway management), may request an amendment to the
 1   approved delegation agreement for the Water Obstruction and
 2   Encroachment Program from the department for the purposes
 3   specified under this section.
 4      (b)   As a county stream reconstruction program authorized by
 5   the department under this subsection, a county conservation
 6   district may propose methodologies for stream reconstruction
 7   activities in response to or in anticipation of significant
 8   flood events to restore the natural regimen and ecology of
 9   watercourses using appropriate methodologies that are based on
10   current scientific principles and practices and are in
11   accordance with 25 Pa. Code Ch. 105. The department shall review
12   a proposed county stream reconstruction program under this
13   subsection for conformance with current scientific principles
14   and practices and 25 Pa. Code Ch. 105. The department shall
15   provide a record of decision on the proposed county stream
16   reconstruction program to the county conservation district,
17   including a detailed technical review of the proposed county
18   stream reconstruction program.
19      (c)   Upon approval of the county stream reconstruction
20   program under subsection (b) by the department, the county
21   conservation district may request an amendment to the county
22   conservation district's approved delegation agreement for the
23   Water Obstruction and Encroachment Program from the department
24   which authorizes the county conservation district to issue
25   emergency permits for stream reconstruction. The department may
26   not unreasonably withhold the authorization of the amendment.
27   The authority delegated under this subsection for the county
28   conservation district to issue emergency permits shall only
29   include emergency stream reconstruction in accordance with the
30   approved county stream reconstruction program under subsection

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 1   (b), including activities which may prevent a flooding emergency
 2   event in the future.
 3      (d)   The county conservation district may authorize stream
 4   reconstruction activities under an emergency permit in
 5   accordance with the approved county stream reconstruction
 6   program under subsection (b) and the final amended and approved
 7   delegation agreement for the Water Obstruction and Encroachment
 8   Program for the county.
 9      (e)   The department shall develop a stream reconstruction
10   emergency permit form for use in accordance with this section.
11      (f)   The department shall retain the duty to authorize
12   emergency permits for all other waterway obstruction and
13   encroachment activities under 25 Pa. Code Ch. 105 if conditions
14   threaten public safety and the environment.
15      (g)   The department shall transmit a notice of each amendment
16   to an approved delegation agreement under this section to the
17   Legislative Reference Bureau for publication in the next
18   available issue of the Pennsylvania Bulletin.
19      (h)   Notwithstanding any provision of the "Conservation
20   District Law" or 2 Pa.C.S. Chs. 5 Subch. B (relating to practice
21   and procedure of local agencies) and 7 Subch. B (relating to
22   judicial review of local agency action), a person aggrieved by
23   an action of a county conservation district under an approved
24   delegation agreement which is amended under this section may
25   appeal the action to the department within 30 days after notice
26   of the action. A person aggrieved by an action of the department
27   regarding the initial appeal under this subsection may appeal
28   the action to the Environmental Hearing Board in accordance with
29   section 24.
30      (i)   Within 60 days of the effective date of this section,

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1   the department shall provide notice to each county conservation
2   district of the availability of a county stream reconstruction
3   program under this section.
4      Section 2.   This act shall take effect in 60 days.




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