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House Committee Hears Benefits Of Forested Stream Buffers-- Increasing Property Values, Water Quality Improvements, Reduced Impacts From Flooding; Builders, Republican Chair Worried About A ‘Taking’ Of Property

On October 2, the House Environmental Resources and Energy Committee held a public hearing on House Bill 1275 that would authorize municipalities, and if they fail to act, DEP to protect riparian stream buffers.

House Bill 1275, sponsored by Rep. Joe Webster (D-Montgomery), would provide for a minimum 100 foot riparian buffer along each side of a surface body of water, with a minimum 300 foot buffer for streams that have been designated as High Quality or Exceptional Value.

The legislation would also authorize municipalities to adopt regulations applicable to riparian buffers and would provide additional powers and duties to the Department of Environmental Protection for the enforcement of related regulations, if municipalities do not act.

“Thanks, Chairman Vitali and Chairman Causer, for taking the time this morning, on a Monday morning, to have this hearing and talk about the impacts and benefits of riparian buffers and then the bill that potentially aspires to protect them in some ways, but also be flexible enough to accommodate property rights and smart development in some ways,” said Rep. Webster.

“I think it's really important for us not to be sort of pointing fingers and playing a blame game around what we see with whether it's clean and quality water or it's flooding impacts or the other things that are environmentally occurring that impact these creeks and then impact homes and businesses.” said Rep. Webster..

“I'll just mention Skippack Creek [in my district] briefly. In that scenario in my district over the last three years, we've had three large scale flooding events-- 74 homes, 74 families have lost their homes.

“They're now FEMA properties because we are downstream from where the water accumulates.

“We're facing in Pennsylvania the cost of doing nothing or the benefits in terms of doing something like riparian buffer protections that have economic benefits that might be good for Pennsylvanians and some families,” concluded Rep. Webster.

Comments Presented

Here is a summary of many of the comments presented during the hearing.

Matt Ehrhart, Director of Watershed Restoration, Stroud Water Research Center, said--”Almost 33% of Pennsylvania’s river and stream miles remain impaired – 27,892 miles, according to the 2022 Integrated Water Quality Report. It’s important to recognize that impaired streams have typically lost 90% of their biological components.”

“The forest intercepts overland and subsurface runoff, settles suspended particles, and begins to process and transform pollutants and natural compounds, including nitrogen, phosphorous, sediment, and other dissolved or particulate compounds.”

“The carbon-rich layer on the forest floor provides the substrate and food for a diverse microbial community that helps to consume and process nutrients and organic compounds.”

“Some pathogens of public health concern, such a cryptosporidium spores and giardia, also behave as particles and may be captured in forest buffers before reaching our drinking water systems.”

“Trees provide a variety of critical functions for our stream systems. Shade, and its impact on air and water temperatures, may be of the utmost importance. Stream temperature is often benchmarked by the needs of trout, Pennsylvania’s primary recreational fish.

“The occurrence of extended heat waves and drought conditions exacerbate this temperature challenge for our streams and their inhabitants, making forested buffers even more critical.

“Further, the forest buffer provides increased infiltration and precludes built infrastructure or other activities in the buffer zone that may be impacted by flood events.”

“A 100 foot wide riparian forest buffer, on each side of the stream channel, occupies less than 10% of the landscape.”

“A forested stream corridor is more resilient in the face of changing rainfall patterns and land use, enabling the stream channel to adapt and respond to changing conditions.”

“The science of rivers and streams suggests that forests, and riparian forests in particular, will play a critical role in ensuring the resilience of the Commonwealth’s water resources to landscape and climate related changes.”

“A 100 foot wide riparian forest buffer, on each side of the stream channel, occupies less than 10% of the landscape.”

In response to a question, Erhart said, “We do support the bill. We're very active in the implementation of voluntary buffer implementation across the state and feel that as a previous testifier noted, it's a little ironic that we're spending a lot of money [taxpayer and other funds] restoring forest and buffers along our stream, while we're losing them at the same time.”

Click Here for a copy of Ehrhart’s written testimony.

Emily Baldauff, Mid-Atlantic Policy Manager For Trout Unlimited, said-- “Riparian buffers are one of the strongest defenses for our streams, they are used to filter pollutants before they enter our waterways, act as streambank stabilizers, and helps slow down water flow for floodplain management.

“Our communities are being faced with more frequent and more severe storms than ever before. Effective and well managed riparian buffers can be used as a practical best management practice for flood mitigation from cities to rural areas and beyond.

“Trout Unlimited has been working for years in this state to assess streams for proper designations and protections, completing culvert assessments to ensure they are up to current standards and ready for possible flooding events, enduring decision maker education at the local, state, and federal levels to increase knowledge of how effective Best Management Practices, like effect riparian buffer zones, can help protect our communities during intense storm events.”

“Trout Unlimited strongly supports activism to preserve, conserve, and restore coldwater fisheries across the country.”

“Trout Unlimited’s mission to protect, preserve, and restore our nation’s coldwater fisheries aligns with the mission of Pennsylvania’s Department of Environmental Protection, and Trout Unlimited fully supports PA-DEP’s ability to safeguard the streams of the Commonwealth. We encourage legislators to entrust them to complete their duties in carrying out the important regulatory protocols and work referred to them in this specific legislation.

“I am here today to express Trout Unlimited’s support for House Bill 1275 to provide for protection of existing riparian buffers, for restoration of impaired riparian buffers, for exemptions, for municipal authority, for powers and duties of Department of Environmental Protection, for property inspections, for delegation to a municipality, for municipal action appeals, for penalties, civil action, and liability for costs and for effect on other Commonwealth laws or regulations and municipal ordinances.”

Click Here for a copy of Baldauff’s written testimony.

Rowland Wall, Executive Director of the Patrick Center for Environmental Research, Academy of Natural Sciences of Drexel University, said-- “For over 70 years, the Patrick Center has studied and worked to manage the impacts of human activities on aquatic systems, with special attention to nonpoint source pollution from stormwater.”

“Beyond their importance for water quality, riparian buffers provide many other benefits, including shading to control stream temperatures, providing wildlife habitat and food sources for aquatic organisms, increasing open space, controlling erosion, and mitigating floods.

“These positive cumulative impacts of buffers result in both ecological and economic benefits.”

“I would point out that water quality, ecological health, and biodiversity all have substantial economic value for landowners that should be considered in shaping legislation.

“There is extensive economic literature demonstrating the connections between water quality and property values.”

“In the Chesapeake Bay region, Irwin and Wolf demonstrated that improvements in water clarity increased house sale prices by $9,900. Overall, Mamum et al. (2023) found that on a national scale “property values appreciate by $6 to 9 billion if water quality is improved by 10%.”

“Maintaining clean water and functioning ecosystems can be a rational goal for property developers planning to maximize their investment. Ignoring the impacts of nonpoint source pollution can have long term effects on return-on-investment.”

“Eutrophication, to name one impact, is a condition driven by nutrient runoff that can lead to undesirable and sometimes dangerous algal blooms, fish kills, and reduced recreation value.”

“The financial, aesthetic, and public health implications of eutrophication alone can have substantial impacts on property values and quality of life considerations.”

Click Here for a copy of Wall’s written testimony.

Maya Von Rossum, Delaware Riverkeeper Network, said, “In keeping with the science, House Bill 1275 ensures protection or restoration for minimum 100 foot riparian buffers, with appropriate native vegetation, along all streams in the Commonwealth--

-- If a stream is designated high quality or exceptional value, the minimum protection is 300 feet.

-- If a waterway has been identified by the state as impaired pursuant to the Clean Water Act, then the buffer requirement is 150 feet. Current regulations provide no provisions for impaired waterways.

-- Protections are provided for nontidal wetland or vernal ponds located within protected buffer areas to ensure scientifically defensible protections. Current regulations do not take wetlands and vernal ponds into account at all.”

“The bill is carefully crafted with numerous exceptions to accommodate existing land-uses or other state priorities.

“For example, for existing land-uses, there is clearly no expectation that current property owners install forested riparian buffers or remove existing structures.

“Only when there is some level of expansion, relocation, redevelopment or abandonment of use must buffer protections be honored.

“Exemptions and modifications also exist for, among other things--

-- A single family residence where the home and the buffer mandate come in to conflict because of the size, shape or topography of the property at issue;

-- Agriculture;

-- Transportation & utility projects;

-- Stream restoration projects;

-- USGS gauging stations, public water supply, or permitted intake or outfall structures;

-- Wildlife and fisheries management activities;

-- Public outdoor recreation facilities that are water dependent; and

-- Multi-use trails and pathways or educational displays.”

“Other elements in the bill help to accommodate specific local conditions within a community or on a property--

-- Allowing for buffer averaging in certain circumstances to provide some flexibility in buffer widths.

-- Or offering credit for additional density elsewhere on a development site if there is a loss of developable land due to the buffer obligation.

-- Variances are available to avoid concerns about taking of private property and to ensure essential public needs are still met.”

“Because we have no science-based, minimum buffer protections that apply across the Commonwealth, many communities at the bottom of a stream’s watershed – often communities of color and low-income communities – are the ones suffering the brunt of the flooding, erosion, pollution and danger because their upstream neighbors chose not to ensure proper buffer protections.”

“This legislation will ensure all communities, upstream and down, get the benefits of buffers protected to the degree science recommends.”

Click Here for a copy of Von Rossum’s written testimony.

Stephen Fleming, PE, Biltbold Building Company, PA Builders Association, said-- “House Bill 1275 proposes a significant expansion of the existing requirements. The new bill proposes an expansion in the form of the width of the buffers which are proposed to double or more depending upon the circumstances.”

“Mandatory buffer requirements do not allow for site specific conditions to be considered throughout Pennsylvania, prohibiting site design professionals from performing soil surveys to determine hydrological soil groups and slope variances that are the appropriate measures used to determine adequate buffer widths.”

“The mandatory “one size fits all” buffer requirements will cause millions of dollars in direct loss for businesses and lost tax revenue, in the form of real property taxes to municipalities, school districts and counties each year and proscribe additional costs on homeowners related to the long-term operations and maintenance of the buffers.”

“The requirements in House Bill 1275 are an outright taking of people's private property and presents a significant increase in development and long-term ownership cost of property.”

Click Here for a copy of Fleming’s written testimony.

Legislator Concerns

Rep. Martin Causer (R-Cameron), Minority Chair of the Committee, said, “My concern is the taking of private property rights, because the language in the bill is a one-size-fits-all approach that dictates a certain buffer requirement. And then if you get into high quality, exceptional value, it's double or triple that. So that's a significant taking of private property rights.

Maya Von Rossum, Delaware Riverkeeper Network, responded by saying, “Yes. So first, I think it's very important for us to recognize that when people undertake activities on their own private property, it has implications for the private property rights, health and safety and economic value of other neighboring properties or those who are downstream.

‘And so it is very appropriate that we have legislation that ensures that when people are undertaking activities on their properties, it's not having adverse consequences for others.

“And of course, the requirements with regards to takings absolutely allow the state to use their police powers in order to protect others in the community from harm.

“And so the buffers protection and land use requirements of this kind are not just appropriate, but I would suggest that they are actually an expectation of government obligation to protect the property rights of all people.

“I don't agree that this is a one-size-fits-all piece of legislation.”

Rep. Martin Causer (R-Cameron) followed up by saying, “Back home in my district, in Potter County, for example, nearly every stream is high quality, exceptional value.

“And when you start talking about a 300-foot setback on each side of the stream, you're taking a lot of private property. So it would be a huge concern to take that level of private property using police powers as you stated.

“And I think the members of the Committee need to take that into consideration because it, to me, definitely appears to be an illegal taking.”

Maya Von Rossum, Delaware Riverkeeper Network, responded by saying, “So being an attorney, I would disagree with you on the takings, and I think it's wonderful that your community has the benefit of so many high quality and exceptional value streams, but there are many, many other communities that don't have that.

“And one of the reasons why waterways maintain that highest quality is because they are the fortunate beneficiaries of buffers that do exist, whether they were legally mandated or not.

“And so I suspect that may be one of the reasons why you have so many wonderful waterways in your community. So congratulations.

Rep. Martin Causer (R-Cameron) added, “I think we have a number of successful voluntary riparian buffer projects out there, and I just don't think that we need a one-size-fits-all approach as envisioned in this bill.”

Maya Von Rossum responded, “Well, the thing is the bill doesn't do one-size-fits-all. There are many exemptions and variances.

“And because the municipality gets to go first, the municipality actually gets to take into consideration all of the unique qualities of a community when designing the buffer that they would like to have for their community.

“It's only when the municipality decides to not take action and to instead rely upon the state, that you're going to have an approach that doesn't have all of those unique qualities embedded into the ordinance.

“But you still have the procedural pathways to get those modifications, those variances, those exemptions that are necessary to ensure that everybody really is getting the value and the benefit of these buffers.”

Rep. Causer-- “I've looked at the exemptions, and they're not actually that broad. And you have to understand in rural communities across the state, they're going to want nothing to do with this. So then all of a sudden you're going to see the Department of Environmental Protection be the enforcement person enforcing a bill like this, and it's going to be very problematic.

Maya Von Rossum-- “So I have to disagree with you there too, at least in my experience as the Delaware Riverkeeper and I've had the honor of serving in that role for 30 years.

“We work with many, many rural communities who want to restore their buffers.

“In fact, you've talked about a lot of voluntary examples in your community and across the Commonwealth, because we actually do see rural communities and urban communities wanting to get the benefits of buffers and their health and safety benefits, their water quality benefits, their economic benefits.”

Rep. Causer-- “I think a better approach is a voluntary approach, not a mandatory approach.”

Maya Von Rossum-- “But the voluntary approach has clearly failed us. And that's why we have so many waterways across the Commonwealth that are not protected.

“And that's why the state is having to invest so much time, money, and resources in their goal of replanting forested buffers on 95,000 acres of waterways across the Commonwealth, because that voluntary approach doesn't work.

“This proactive, positive, clear approach from the beginning lets everybody know what we need to protect from the get go.

“And that actually allows communities and developers to accommodate those protective strategies as part of their development plan. And again, developers get lots of benefits, but so do the downstream communities.”

Click Here to watch a video of the hearing.

Other Testimony

-- Ryan Davis, Forest Projects Manager, Alliance for the Chesapeake Bay. [Not speaking for the group]

Rep. Greg Vitali (D-Delaware) serves as Majority Chair of the House Environmental Committee and can be contacted by calling 717-787-7647 or sending email to: gvitali@pahouse.net. Rep. Martin Causer (R-Cameron) serves as Minority Chair and can be contacted by calling 717-787-5075 or by sending email to: mcauser@pahousegop.com.

Upcoming Watershed/Forestry Events:

-- Register Now! PA Statewide Watershed Conference Oct. 29-30 In Altoona [PaEN]

-- PA Forestry Assn. Annual Symposium & Awards Program Set For Nov. 4 In State College [PaEN]

-- Penn State Extension: Nov. 14 PA Forest Seminar Webinar - Benefits Of Large Woody Debris In Streams, Noon and 7:00 p.m.

-- Penn State College Of Agricultural Sciences Hosts Nov. 15 Webinar: A Walk In The Woods - A Look Into Private Forests In PA And Beyond [PaEN]

-- Delaware Highlands Conservancy: Women And Their Woods Plant Identification Workshop Oct. 14 At Prompton State Park, Wayne County [PaEN]

-- Penn State Extension: PA Forest Webinar Series Schedule [Late 2023 and 2024]

-- Penn State Extension: 4-Part Webinar Series: Primer For Forest Management And Birds Thru Oct. 18

-- Save The Date: Keystone Coldwater Conference Feb. 23-24 In State College [PaEN]

Related Articles - Watershed Buffers:

-- Celebrate Riparian Buffers Month In October! With Penn State Extension, Chesapeake Conservation Landscaping Council, Penn State Agriculture & Environment Center [PaEN]

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