An Act amending the act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act, further providing for definitions; and providing for siting of wetland replacement.

PRINTER'S NO. 3009
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2296
Session of
2026
INTRODUCED BY PROBST, FREEMAN, MADDEN, HILL-EVANS, BOROWSKI AND
D. WILLIAMS, MARCH 16, 2026
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, MARCH 18, 2026
AN ACT
Amending the act of November 26, 1978 (P.L.1375, No.325),
entitled "An act providing for the regulation and safety of
dams and reservoirs, water obstructions and encroachments;
consolidating and clarifying the programs of the Department
of Environmental Resources and Navigation Commission for the
Delaware River; establishing penalties and repealing certain
acts," further providing for definitions; and providing for
siting of wetland replacement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of November 26, 1978
(P.L.1375, No.325), known as the Dam Safety and Encroachments
Act, is amended by adding a definition to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Wetland." An area that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to
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support, and that under normal circumstances does support, a
prevalence of vegetation typically adapted for life in saturated
soil conditions, including swamps, marshes, bogs and similar
areas.
Section 2. The act is amended by adding a section to read:
Section 10.1. Siting of wetland replacement.
(a) Whenever there is construction of replacement wetland
resources to compensate for unavoidable wetland impacts as a
result of permitting actions or as a measure to mitigate the
effects of violations, the wetland replacement actions shall
adhere to the following siting requirements:
(1) Wetland replacement shall occur, where possible,
immediately adjacent to the wetland affected by the
obstruction or encroachment.
(2) If the location of the wetland replacement site in
accordance with paragraph (1) is not practicable or feasible,
every effort shall be made to locate the wetland replacement
site along or adjacent to the watercourse that receives
benefit from the impacted wetland system.
(3) If the location of the wetland replacement site in
accordance with paragraph (2) is not practicable or feasible,
the site shall be located within the watershed of that
watercourse.
(4) If a suitable site cannot be found to meet the
criteria under paragraphs (1), (2) and (3), the department
shall consider locating the replacement site adjacent to the
next higher order stream or watercourse in the watershed.
(5) The department shall reject a wetland replacement
proposal for construction in a watershed other than that
where the loss has occurred unless all suitable locations
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have been exhausted.
(6) If the wetland impact occurs within a designated
coastal zone management area, the wetland replacement shall
be undertaken in that coastal zone management area.
(b) If the wetland replacement occurs anywhere other than
immediately adjacent to the wetland affected by the obstruction
or encroachment, the department shall require documentation of
why it was not practicable or feasible to locate the wetland
replacement site adjacent to the impacted wetland.
Section 3. This act shall take effect immediately.
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