House sends series of flooding response bills to Senate

Legislation aims to cut red tape for local officials, landowners in stream cleanup efforts

HARRISBURG -- The state House last week passed a series of bills aimed at providing more leeway for local officials to determine how to clean up streams without waiting for approval from state regulators.

The legislation -- House Bill 2405, HB 2406, HB 2408, HB 2409, HB 2410, and HB 2411 -- is opposed by the Department of Environmental Protection.

"While there are many concerns with the various pieces of legislation, including issues that could jeopardize federal funding, the common issue running through each is that they attempt to solve the wrong problem by in various ways removing oversight intended to make sure that stream restorations after flooding are done in ways that prevent flooding from recurring or becoming more intense in other areas," said Jamar Thrasher, a DEP spokesman.

But organizations representing local municipalities and landowners -- including the Pennsylvania Association of Township Supervisors and the Pennsylvania Farm Bureau -- had lobbied for action, citing frustration over delays in getting DEP approval.

"These bills will go a long way toward getting government out of the way of local officials and landowners who simply want to maintain streams and clear debris to protect against flooding," Rep. Martin Causer, R-McKean.. "Rather than relying on permission from government bureaucrats, we need to empower our local people to do what they need to do," he said.

The bills are:

HB 2404, which would allow local governments to seek a permit for continuing maintenance of streams, including removal of water obstructions and encroachments and not having to get pre-approval for projects for up to 10 years.

HB 2405, which would allow counties to opt in to address stream hazards through emergency maintenance permits in consultation with the county conservation district.

HB 2406 would create conservation district issued-permits for smaller maintenance projects to mitigate flood-related hazards of less than 250 linear feet,

HB 2408 states that no permit or authorization is required for maintenance conducted on a culvert.

HB 2409 says no permits are required to remove flood-related hazards deemed an emergency by a state or county.

HB 2410 states no permit is required for maintenance activities conducted 50 feet or less upstream and downstream of a bridge or culvert.

HB 2411 would require DEP to issue an annual report on flooding and stream maintenance and restoration.

In an April meeting of the House Environmental and Energy Resources Committee on the issue, Tioga County farmer John Painter told lawmakers that he had 1.5 acres of farmland wash away while waiting for permission to remove a tree that had fallen into a creek.

At that same meeting, Deven Martin, a township supervisor in Delmar Township, also in Tioga County, described how the township's request for an emergency permit to replace a failing culvert was denied in 2020, and it then took 10 months to get state approval for a project that took two days to complete.