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PRIOR PRINTER'S NO. 1038 PRINTER'S NO. 2619
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 961
Session of
2025
INTRODUCED BY MIHALEK, FREEMAN, CURRY, BURGOS, JAMES, MARCELL,
HADDOCK AND INGLIS, MARCH 19, 2025
AS REPORTED FROM COMMITTEE ON GAME AND FISHERIES, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 18, 2025
AN ACT
Amending Title 30 (Fish) of the Pennsylvania Consolidated
Statutes, in dams, bar racks and migration devices, further
providing for marking of dams.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3510(b) and (c)(2) of Title 30 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
SECTION 1. SECTION 3510(B), (C)(2), (H)(1), (2) AND (3) AND
THE DEFINITIONS OF "OWNER," "PERMITTEE" AND "RUN-OF-THE-RIVER
DAM" IN SUBSECTION (I) OF TITLE 30 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES ARE AMENDED, SUBSECTION (H) IS AMENDED BY
ADDING A PARAGRAPH AND THE SECTION IS AMENDED BY ADDING A
SUBSECTION TO READ:
§ 3510. Marking of dams.
* * *
(b) Existing dams.--
[(1) The department shall compile and maintain a current
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list of existing dams on the waters of this Commonwealth that
the department determines to be run-of-the-river type dams.
Within three months of the effective date of this section,
the department shall notify the permittees and owners of
those run-of-the-river dams of the requirements of this
section by certified letter. Within six months of receiving
notification of the requirements of this section from the
department, the permittees and owners of run-of-the-river
dams shall comply with the requirements of this section to
mark the areas above and below their dams and on the banks
immediately adjacent to their dams during the time periods of
the year required by the commission with signs and buoys of a
design and content determined by the commission to warn the
swimming, fishing and boating public of the hazards posed by
the dam.]
(1.1) The department shall compile and maintain a
CURRENT list of existing dams on the waters of this
Commonwealth that are run-of-the-river dams. THE DEPARTMENT
SHALL PROVIDE THE COMMISSION WITH IDENTIFYING INFORMATION
ABOUT THE PERMITTEE OR OWNER, LOCATION, SIZE AND
SPECIFICATIONS OF THE RUN-OF-THE-RIVER DAMS ANNUALLY, UNLESS
OTHERWISE REQUESTED BY THE COMMISSION. The following shall
apply:
(i) Within three months of the discovery of a run-
of-the river dam not already inventoried by the
department, the department shall notify the permittees
and owners of the dam of the requirements of this section
in writing.
(ii) Within six months of the effective date of this
paragraph, the department shall notify the permittees and
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owners of each of the run-of-the-river dam of the
requirements of this section in writing.
(iii) (II) Within six months of receiving
notification of the requirements of this section from the
department, the permittees and owners of run-of-the-river
dams shall comply with the requirements of this section
to mark the areas above and below the dams and on the
banks immediately adjacent to the dams during the time
periods of the year required by the commission with signs
and buoys of a design and content determined by the
commission to warn the swimming, fishing and boating
public of the hazards posed by the dam.
(2) If the permittee or owner of a run-of-the-river dam
disagrees [with the determination of the department,] that
the dam meets the definition of "run-of-the-river dam," the
permittee or owner [shall file written notice with the
Environmental Hearing Board] may appeal the action to the
Environmental Hearing Board under section 4 of the act of
July 13, 1988 (P.L.530, No.94), known as the Environmental
Hearing Board Act, and 2 Pa.C.S. Ch. 5 (relating to practice
and procedure) within 30 days of receiving the determination.
The Environmental Hearing Board shall reach a decision as
soon as practicable. If the decision of the board upholds the
determination of the department, the permittee or owner
filing [such] the notice shall have [six] THREE months to
comply with this section following the decision.
(b.1) Public information.--Within one year of the effective
date of this subsection, the following information shall be
published on the department's AND COMMISSION'S publicly
accessible Internet website WEBSITES :
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(1) The list compiled and maintained by the department
under subsection (b).
(2) A map of this Commonwealth, developed by the
department, that shows the locations of all run-of-the-river
dams known to the department within this Commonwealth.
(c) Maintenance of signs and buoys.--
* * *
(2) When a permittee or owner learns that signs or buoys
installed under this section have been removed or defaced by
an act of God or the acts or omissions of third parties other
than the permittee or owner [or [his] the permittee's or
owner's agent, [he], the permittee or owner shall repair or
replace the signs or buoys within [30] 15 days unless [river]
AN EXTENSION IS REQUESTED BY THE PERMITTEE OR OWNER AND
GRANTED BY THE COMMISSION AS A RESULT OF conditions during
that time make such repair or replacement dangerous to
undertake or impracticable to effect, in which case the
permittee or owner shall repair or replace the signs or buoys
as soon as is reasonably practicable. If a permittee [or
owner or [his] the permittee's or owner's agent] removes any
signs or buoys, [he] the permittee or owner shall have five
days thereafter to repair or replace the signs or buoys.
* * *
(H) PENALTIES.--
(1) ANY PERSON WHO FAILS TO COMPLY WITH SUBSECTION (A)
OR (B) COMMITS A SUMMARY OFFENSE OF THE FIRST DEGREE FOR THE
FIRST OFFENSE REGARDLESS OF ADJUDICATION AND A MISDEMEANOR OF
THE THIRD DEGREE FOR A SUBSEQUENT OFFENSE. EACH [MONTH] 15-
DAY PERIOD OF NONCOMPLIANCE SHALL CONSTITUTE A SEPARATE
VIOLATION.
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(2) ANY PERSON WHO FAILS TO COMPLY WITH SUBSECTION (C)
OR (D) COMMITS A SUMMARY OFFENSE OF THE SECOND DEGREE FOR THE
FIRST OFFENSE REGARDLESS OF ADJUDICATION AND A SUMMARY
OFFENSE OF THE FIRST DEGREE FOR A SUBSEQUENT OFFENSE. EACH
[MONTH] 15-DAY PERIOD OF NONCOMPLIANCE SHALL CONSTITUTE A
SEPARATE VIOLATION.
(2.1) ANY PERSON WHO FAILS TO COMPLY WITH SUBSECTION (G)
COMMITS A SUMMARY OFFENSE OF THE THIRD DEGREE.
(3) ANY PERSON WHO ENTERS AN EXCLUSION ZONE MARKED UNDER
THE PROVISIONS OF THIS SECTION COMMITS A SUMMARY OFFENSE OF
THE THIRD DEGREE PROVIDED THAT IT SHALL NOT BE A VIOLATION OF
THIS SECTION FOR THE PERMITTEE OR OWNER [AND HIS AGENTS] AND
OFFICERS OF THE COMMONWEALTH AND LOCAL GOVERNMENT TO ENTER
THE EXCLUSION ZONE FOR PURPOSES OF MAINTAINING THE DAMS AND
SIGNS AND BUOYS OR FOR ENFORCEMENT AND RESCUE PURPOSES.
* * *
(I) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION:
* * *
"OWNER." THE PERSON WHO OWNS, CONTROLS, OPERATES, MAINTAINS
OR MANAGES A RUN-OF-THE-RIVER DAM REGULATED BY THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION PURSUANT TO THE ACT OF NOVEMBER 26,
1978 (P.L.1375, NO.325), KNOWN AS THE DAM SAFETY AND
ENCROACHMENTS ACT.
* * *
"PERMITTEE." THE PERSON WHO HAS BEEN ISSUED A PERMIT BY THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION TO CONSTRUCT, OPERATE OR
MAINTAIN A RUN-OF-THE-RIVER DAM[.] REGULATED BY THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION PURSUANT TO THE DAM SAFETY AND
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ENCROACHMENTS ACT.
"RUN-OF-THE-RIVER DAM." A MANMADE STRUCTURE WHICH:
(1) IS A DAM REGULATED BY THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION PURSUANT TO THE ACT OF NOVEMBER 26,
1978 (P.L.1375, NO.325), KNOWN AS THE DAM SAFETY AND
ENCROACHMENTS ACT;
(2) IS BUILT ACROSS OR PARTIALLY ACROSS A WATERCOURSE
AND CERTAIN FLOWS PASS OVER THE [ENTIRE] DAM STRUCTURE,
EXCLUDING ABUTMENTS, TO A NATURAL CHANNEL DOWNSTREAM; AND
(3) THE DEPARTMENT, IN CONSULTATION WITH THE COMMISSION,
DETERMINES TO HAVE HYDRAULIC CHARACTERISTICS SUCH THAT AT
CERTAIN FLOWS PERSONS MAY BE CAUGHT IN THE HYDRAULIC ROLLER
OR BOIL IMMEDIATELY BELOW THE DAM.
Section 2. This act shall take effect in 60 days.
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