Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB327

Introduced
1/27/25  

Caption

An Act amending the act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act, providing for issuance of and conditions for continuous maintenance permits.

Summary

HB327 would amend Pennsylvania’s Dam Safety and Encroachments Act to create a new “continuous maintenance permit” program. The Department of Environmental Protection would be required to develop a permit that the Department of Transportation or a municipality could apply for, allowing the permit holder to maintain, inspect, and monitor specified watercourses, water obstructions, appurtenant works, and encroachments without needing repeated preapproval for each maintenance activity. The bill sets eligibility and operating conditions for the permit. Applicants must not have a sustained history of significant permit violations and must accept an affirmative duty over the listed water-related features. The permit would generally run for at least 10 years, could be extended for another 10 years after 10 years of compliant operation, and would require annual reporting of maintenance work and the contractors or agents involved. Maintenance must remain consistent with previously prepared, engineer-certified plans and specifications, and the department would have authority to approve additions or removals of covered watercourses and related structures. In terms of state law, the bill would add a new section to the Dam Safety and Encroachments Act and create a more streamlined, long-term permitting framework for public entities managing waterways and related infrastructure. It would also clarify that certain debris removal or manipulation done to keep structures operating as designed does not count as a permit violation. The bill defines “municipality” broadly to include counties, cities, towns, boroughs, townships, and school districts. The available record shows no committee transcript or vote history, so there is no documented debate or recorded sentiment from floor or committee action. Based on the bill text alone, the measure appears to be aimed at administrative efficiency and proactive maintenance, suggesting a generally practical, infrastructure-management focus rather than a controversial policy shift. Potential points of contention would likely center on environmental oversight, the breadth of the maintenance authority, and whether the bill reduces case-by-case review too much. Opponents might be concerned that a long-duration permit with limited preapproval requirements could weaken regulatory control over waterway alterations, while supporters would likely emphasize reduced delays, clearer maintenance authority, and improved ability for transportation and local governments to keep drainage and water infrastructure functioning.

Impact

HB327 would add a new permitting mechanism to the Dam Safety and Encroachments Act, requiring the Department of Environmental Protection to create and administer continuous maintenance permits for PennDOT and municipalities. It would affect state regulation of watercourses, water obstructions, appurtenant works, and encroachments by allowing long-term, ongoing maintenance under a single permit rather than repeated project-by-project approvals, while also imposing reporting, eligibility, and compliance requirements on permit holders.

Sentiment

No committee discussion or voting record is provided, so there is no direct evidence of support or opposition from legislators. The bill’s structure suggests a generally favorable, administrative-efficiency approach focused on maintenance and infrastructure management, but the absence of recorded debate means sentiment cannot be measured beyond the text itself.

Contention

The main likely areas of contention are the scope of the continuous maintenance authority, the reduced need for preapproval, and the length of the permit term. Environmental regulators or conservation interests could worry that the bill gives public entities too much discretion to alter waterways with less oversight, while transportation and municipal stakeholders would likely support the bill for simplifying maintenance, reducing delays, and clarifying responsibility for ongoing upkeep.

Companion Bills

No companion bills found.

Previously Filed As

PA HB328

Further providing for permit issuance and conditions.

PA SB403

Providing for issuance of and conditions for continuous maintenance permits.

PA SB109

Further providing for definitions and for projects affecting submerged lands of the Commonwealth.

PA HB763

Further providing for permit issuance and conditions and for enforcement orders.

PA HB250

Further providing for Alternative Fuels Incentive Fund.

PA HB961

In dams, bar racks and migration devices, further providing for marking of dams.

PA HB52

Providing for building permits and endangered and threatened species; and making an appropriation.

PA SB352

Further providing for definitions and for scope of act.

PA SB89

Further providing for definitions and for establishment and design; and providing for entry requirements for EMS providers.

PA HB2296

Further providing for definitions; and providing for siting of wetland replacement.

Similar Bills

PA SB403

Providing for issuance of and conditions for continuous maintenance permits.

CA SB1425

High-Speed Rail Authority: property: right-of-way.

AZ SB1443

noise pollution; environmental nuisances

PA HB2296

Further providing for definitions; and providing for siting of wetland replacement.

PA SB352

Further providing for definitions and for scope of act.

HI HB306

Relating To State Water Code Penalties.

CT HB06868

An Act Enhancing Environmental Permitting Predictability.

PA HB961

In dams, bar racks and migration devices, further providing for marking of dams.