Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB1275

Introduced
5/31/23  

Caption

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.

Impact

The bill introduces significant changes to state laws concerning environmental protection and municipal governance. It places the responsibility for enforcing buffer protection largely on municipalities, allowing them to enact local ordinances as long as they align with state mandates. Violations of the act could lead to hefty fines and civil penalties, with each day of non-compliance treated as a separate offense. This legislation is expected to have a considerable impact on how developers approach land use in areas adjacent to waterways, making adherence to these regulations crucial for any future development projects.

Summary

House Bill 1275, also known as the Riparian Buffer Protection Act, focuses on the protection and restoration of riparian buffers across Pennsylvania. This legislation aims to safeguard existing riparian buffers and regulate restoration efforts on impaired buffers, thus ensuring that local ecosystems are maintained and improved. It establishes specific requirements for land development activities that could impact these buffers, mandating that restoration activities be conducted as a condition for various governmental permits, which include building, zoning, and land development permits.

Sentiment

The sentiment surrounding HB 1275 appears to be generally supportive among environmental advocacy groups and those concerned with water quality issues. However, there are concerns from some sectors regarding the potential burden this law may place on property owners and municipal administrations responsible for its enforcement. The dialogue indicates a tension between environmental protection efforts and the economic implications for developers and local governments tasked with these new responsibilities.

Contention

Notable points of contention include the balancing act between environmental sustainability and property rights. Critics argue that while protecting riparian buffers is essential for ecological health, the restrictions placed on land development can be overly burdensome and may hinder economic growth. Additionally, the bill includes provisions for variances, which may lead to debates over how and when they should be granted, especially in cases where strict compliance affects the economic viability of properties. The potential for local ordinances to differ from state regulations poses another layer of complexity and contention, as municipalities navigate their responsibilities under this legislation.

Companion Bills

No companion bills found.

Similar Bills

PA HB673

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.

DE HB246

An Act To Amend Title 9 Of The Delaware Code Relating To Establishing Uniform Minimum Riparian Buffer Areas.

NJ A4691

Requires hazard mitigation plans to include climate change-related threat assessments and hazard prevention and mitigation strategies.

NJ S1530

Requires hazard mitigation plans to include climate change-related threat assessments and hazard prevention and mitigation strategies.

VA SB269

General oyster-planting ground leases; riparian assignments, Marine Resources Commission.

VA SB50

De minimis subaqueous disturbances; no permit required.

VA SB50

De minimis subaqueous disturbances; no permit required.

VA SB1547

Placement of piles; no permit required.