Senate removes stream buffers for new developments, gives edge to builders, property owners

Read more about HB165 by reading the GMCS GLASS Report:  GLASS Report: Legislative Action Alert: House Bill 1565: Regular Session 2013-2014

In a legislative battle between the interests of builders and those of environmentalists, builders won Tuesday night.

The Pennsylvania Senate voted 27-22 to remove the requirement that builders must have 150-foot buffer zones between new developments and state-designated "high-quality" streams.

House Bill 1565 will be sent to the Pennsylvania House of Representatives for final passage. If the House passes the Senate's amendments, the bill will be sent to Gov. Tom Corbett for his signature.

The bill is sponsored by state Rep. Marcia Hahn, a Republican from Northampton County.

Environmentalists, who support the buffer requirement, said buffers are critical to managing stormwater coming off impervious surfaces, like roofs and parking lots, and going into local aquifers.

Unmanaged runoff increases erosion and flooding, and decreases water quality, environmentalists have said.

"Pennsylvania citizens and communities have paid dearly for the consequences of flooding and stormwater," said Steve Stroman, policy director for the environmental group Citizens for Pennsylvania's Future.

"Passage of HB 1565 will make it harder to reduce stormwater as well as to protect our best streams that provide so many benefits to our environment, economy and wildlife."

Sen. Andrew Dinniman, a Democrat serving Chester County, said a number of environmental groups, sportsmen organizations and others have opposed the bill, which removed the requirement implemented in 2010.

"They fought hard to have this as part of environmental protection," Dinniman said. "We need to keep this 150-foot boundary."

However, builders, developers and landowners have said the requirement is burdensome and takes away people's property rights.

Sen. Lisa Baker, a Republican representing Luzerne, Pike, Susquehanna, Wayne and Wyoming counties, said she had received several complaints from constituents, including a landowner, who was prevented from building a walking trail on his property because of the buffer zone requirement.

The 150-foot buffers, she said, hurt long-term property owners.

"My interest is giving relief to landowners," Baker said.

Source: Central Penn Business Journal