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ARTICLE · 30 OCTOBER 2014

Pennsylvania Enacts Legislative Changes To Weaken PADEP Stream Buffer Requirements

Fox Rothschild LLP
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Pennsylvania Governor Tom Corbett signed into law legislation making significant changes to the requirements imposed on developers working near exceptional value streams.

United StatesReal Estate and Construction

Pennsylvania Governor Tom Corbett on October 22, 2014, signed into law legislation (HB 1565) making significant changes to the requirements imposed on developers working near high quality and exceptional value streams. The legislation had passed the Pennsylvania Senate by a vote of 27-22 on October 14 and the Pennsylvania House by a vote of 118-79 on October 15.

In 2010, Pennsylvania adopted regulations requiring a 150-foot buffer for new developments potentially affecting high quality and exceptional value streams. The applicable regulation, found at 25 PA Code Section 102.14(a), currently reads:

"(a) General requirements for mandatory riparian buffers (1) Except as in accordance with subsection (d), persons proposing or conducting earth disturbance activities when the activity requires a permit under this chapter may not conduct earth disturbance activities within 150 feet of a perennial or intermittent river, stream, creek, lake, pond or reservoir when

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