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ARTICLE · 10 DECEMBER 2020

Pennsylvania Proposal Could Affect Water-Dependent Projects

Ballard Spahr LLP
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Ballard Spahr LLP

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The Pennsylvania Department of Environmental Protection proposed wide-ranging amendments to its Chapter 105 regulations...

United StatesEnvironment

The Pennsylvania Department of Environmental Protection proposed wide-ranging amendments to its Chapter 105 regulations governing dam safety and “stream encroachments,” the Commonwealth's rules that govern the filling of wetlands. DEP is imposing additional regulatory obligations with respect to wetlands, while also creating some exemptions. If promulgated, the measures could significantly affect applications for and approval of water-dependent projects throughout the Commonwealth. 

Importantly, real estate developers and owners, as well as operators of dams, agribusinesses, and developers of linear infrastructure projects—such as utility corridors and pipelines—should note that the Department will accept public comments through February 3, 2021.

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