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Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 680.11. Effect of watershed storm water plans

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) After adoption and approval of a watershed storm water plan in accordance with this act, the location, design and construction within the watershed of storm water management systems, obstructions, flood control projects, subdivisions and major land developments, highways and transportation facilities, facilities for the provision of public utility services and facilities owned or financed in whole or in part by funds from the Commonwealth shall be conducted in a manner consistent with the watershed storm water plan.

(b) Within six months following adoption and approval of the watershed storm water plan, each municipality shall adopt or amend, and shall implement such ordinances and regulations, including zoning, subdivision and development, building code, and erosion and sedimentation ordinances, as are necessary to regulate development within the municipality in a manner consistent with the applicable watershed storm water plan and the provisions of this act.

(c) The following shall apply:

(1) A high tunnel shall be exempted from the provisions of this act if:

(i) the high tunnel or its flooring does not result in an impervious area exceeding 25% of all structures located on the owner's total contiguous land area; and

(ii) the high tunnel meets one of the following:

(A) The high tunnel is located at least 100 feet from any perennial stream or watercourse, public road or neighboring property line.

(B) The high tunnel is located at least 35 feet from any perennial stream or watercourse, public road or neighboring property line and located on land with a slope not greater than 7%.

(C) The high tunnel is supported with a buffer or diversion system that does not directly drain into a stream or other watercourse by managing storm water runoff in a manner consistent with requirements of this act.

(2) A municipality that has adopted a local ordinance or regulation that regulates high tunnels pursuant to a watershed storm water plan under this section prior to the effective date of this subsection  1 shall amend the ordinance or regulation to comply with this subsection.

(3) Nothing in this subsection shall be construed to exempt high tunnels from other requirements applicable under Federal, State or municipal laws.

1 Subsec. (c) added by 2018, April 18, P.L. 91, No. 15, § 2, effective in 60 days [June 18, 2018].
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 680.11. Effect of watershed storm water plans - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-32-ps-forests-waters-and-state-parks/pa-st-sect-32-680-11/

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