How HB 177 changes current law

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends The Clean Streams Law to provide additional options for managing earth disturbance activities related to stormwater discharge.

• Section 402(c)

  (1) For persons proposing or conducting earth disturbance activities when the activity requires a National Pollutant Discharge Elimination System permit for storm water discharge under 25 Pa. Code Ch. 102 (relating to erosion and sediment control), the person may use or install either: (i) a riparian buffer or riparian forest buffer; or (ii) another option or options among available best management practices, design standards and alternatives that collectively are substantially equivalent to a riparian buffer or riparian forest buffer in effectiveness, to minimize the potential for accelerated erosion and sedimentation and to protect, maintain, reclaim and restore water quality and for existing and designated uses of a perennial or intermittent river, stream or creek or lake, pond or reservoir of this Commonwealth to ensure compliance with 25 Pa. Code Ch. 93 (relating to water quality standards).

  This addition allows for alternatives to riparian buffers for managing stormwater discharge.

• Section 402(c)

  (2) A project located in a special protection watershed in a drainage list specified in 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria) that proposes any earth disturbance within 100 feet of a surface water shall offset any reduction in the total square footage of the buffer zone that would have been utilized as a best management practice, with a replacement buffer elsewhere along special protection waters in the same drainage list and as close as feasible to the area of disturbance at a ratio of one-to-one.

  This clause requires that buffer reductions in certain watersheds must be offset with a replacement buffer.

• Section 402(c)

  (3) A project that is eligible for an exception or waiver under 25 Pa. Code § 102.14(d)(1) or (2) (relating to riparian buffer requirements) or allowable within riparian buffers under 25 Pa. Code § 102.14(f)(2) or (3) shall be exempt from the requirements under paragraphs (1) and (2).

  This exemption allows certain projects to bypass the new buffer requirements if eligible.

• Section 402(c)

  (4) Paragraphs (1) and (2) shall be construed to provide alternatives to using riparian buffers and riparian forest buffers that are in addition to those specified under 25 Pa. Code Ch. 102.

  This clarifies that the new options are additional to the existing regulations on riparian buffers.