DEP s Land Use Policy: An Update

1. DEP’s Land Use Policy*:An Update Presented By: Denise Brinley Deputy Secretary Pennsylvania Department of Environmental Protection dbrinley@state.pa.us

3. Driving Policies and Initiatives Keystone Principles for Growth, Investment and Resource Conservation Interagency Letter of Understanding (LOU) signed in 2003

4. DEP’s Land Use Policy

5. Provide direction and guidance to DEP staff, permit applicants, and county and local governments for implementation of Acts 67, 68 and 127 Address how DEP considers planning and zoning in decision making process Address when DEP relies upon planning and zoning in decision making process

6. County comprehensive plan (619.2 (a)); and Municipal comprehensive plan (619.2 (a)); and County or municipality has enacted zoning ordinances (619.2 (a)) or municipality has adopted a joint zoning ordinance (619.2 (c)); and County comprehensive plan, municipal comprehensive plan, and zoning ordinances are generally consistent as defined by the MPC Authority Under the MPC

7. Proposed projects that require authorizations listed in Appendix A of the policy Permits by Rule – not subject to policy Sewage Facilities Act (537) – not subject to policy General Permits – not subject to policy with exception of PAG-2 Policy does not apply to first and second class cities or first class counties

8. Submission of Land Use Information: Land use questions on General Information Form (GIF) Municipal and County Land Use Letters Municipal and County Comments

9. Land Use Questions on GIF: Project Information Section: Is application listed in Appendix A? Land Use Information Section: Is there a county comprehensive plan? Is there a municipal comprehensive plan? Is there a zoning ordinance? Does the proposed project meet the provisions of the zoning ordinance? Are County and Municipal Land Use Letters for the project included?

10. Largest substantive change to policy Sample letters included in Appendices of policy (C and D) Applicant should seek to obtain these letters from the County and Municipality in advance of submission

11. Options for Submission: Applicant includes Land Use Letters with permit application and no zoning issues are identified (Option 1A) Applicant includes a copy of the zoning approval from the municipality (Option 1B) Applicant includes Land Use Letters with permit application and project does not meet provisions of zoning (Option 2) Applicant shows proof that they attempted to obtain Land Use Letters (Option 3)

13. Uniform Environmental Covenants ActAn Update Presented By: Denise Brinley Deputy Secretary Pennsylvania Department of Environmental Protection dbrinley@state.pa.us

14. Status of UECA LRP has completed its first draft of the forthcoming UECA regulations (Chapter 253) Draft UECA regulations address: Form and content of environmental covenants Submission process Conversion of prior instruments, fee's, etc. Waivers will be described in more detail in a companion guidance document

15. Comments solicited from: DEP staff Cleanup Standards Scientific Advisory Board Storage Tank Advisory Committee Discussing the draft regulations with: Citizens Advisory Committee and its Ad Hoc UECA workgroup in the next 3-4 weeks LRP would like to have the Environmental Quality Board consider proposed UECA regulations in December Proposed Timeframe for UECA

16. Questions Thank You! Denise Brinley Deputy Secretary Office of Community Revitalization and Local Government Support dbrinley@state.pa.us (717) 783-1566