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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Statutes/Laws affected:
Printer's No. 0383: P.L.1375, No.325