Harry Campbell, Pennsylvania Director of the Chesapeake Bay Foundation, sent a letter to all members of the Senate Wednesday urging them to oppose House Bill 1565 (Hahn-R- Northampton) they say weakens DEP requirements for stream buffers in Special Protection Watersheds. The bill is in position for a final vote during the final two days of voting session next week.
The text of the letter follows--
Dear Senators:
On behalf of the Chesapeake Bay Foundation (“CBF”), I am writing to express our opposition to House Bill 1565 (P.N. 4258). This legislation would eliminate the existing requirement of a forested riparian buffer for new development requiring a National Pollution Discharge Elimination System (“NPDES”) permit in a High Quality or Exceptional Value watershed.
The current Chapter 102 regulation helps to protect the Commonwealth’s most pristine and ecologically sensitive streams and, as such, the current legislation threatens to degrade water quality in these important areas.
Pennsylvania has a commitment to clean up our waterways, and streamside forested buffers are one of the most cost-effective, common-sense solutions to reducing pollution, managing floods, and maintaining iconic and economically important fish, like the brook trout.
In fact, a peer-reviewed report released on Monday, October 6th, by CBF assessed the natural values of forests, including forest riparian buffers, in Pennsylvania’s portion of the Chesapeake Bay watershed at being over $31 billion annually if the Clean Water Blueprint is implemented.
Pennsylvania’s Chesapeake Bay Blueprint plan, which consists of the Total Maximum Daily Load and the State’s Watershed Implementation Plan, relies heavily on protecting and restoring forested buffers.
Passage of this legislation could set the Commonwealth back with regards to the federal requirements for riparian buffers in the Chesapeake Bay Watershed, as well as anti-degradation requirements in special protection waters.
According to a recent assessment of Pennsylvania’s two-year milestones goals, it is estimated that the current rate of implementation of roughly six (6) acres of riparian buffers per day will need to be increased to approximately fifty (50) acres per day in order to meet the Commonwealth’s 2017 target for forested riparian buffers.
This bill will make the 2017 goal of over 109,000 acres of new forested riparian buffers more challenging since we could begin to lose existing forested buffers and forgo opportunities to create new forested buffers that are absent of federal and state subsidies.
Simply put, it does not make sense to allow developers to cut down existing trees, especially along Pennsylvania’s last remaining pristine streams. Thousands of farmers and hundreds of developers, local governments, and businesses throughout the state have already planted and preserved buffers.
These investments have all been made with the goal of managing polluted runoff, reducing flooding, and enhancing property values in the Commonwealth.
While CBF recognizes the attempts that have been made to improve House Bill 1565 (P.N. 4258), the language is ambiguous while the science is clear—there is simply no scientifically equivalent practice equal to forested riparian buffers.
Forested riparian buffers have been shown in large and growing number of scientific studies to be the best means of protecting and enhancing the quality of the biological, chemical, and physical habitat in rivers and streams, including in Pennsylvania.
Given the innumerable societal and ecological benefits provided by forested riparian and riparian buffers, along with the existing opportunities for exemptions or waivers, CBF maintains that House Bill 1565 (P.N. 4258) is fundamentally flawed and could result in undesired consequences for Pennsylvania.
In fact, forested riparian buffers are so desirable that bills such as this should be set aside while we focus our efforts on legislation that supports clean water, such as Senator Rafferty’s bill, Senate Bill 1465, (P.N. 2256).
We strongly urge you to support clean water and oppose this bill. Thank you for your time and attention to this matter.
Sincerely,
Harry Campbell
Pennsylvania Executive Director
Chesapeake Bay Foundation
House Bill 1565 is opposed by the PA Environmental Council, Western Pennsylvania Conservancy, the PA Chapter of The Nature Conservancy, the Fish and Boat Commission, PA Chapter National Association of Water Companies, Clean Water Action, PA Council of Trout Unlimited, PA Federation of Sportsmen’s Clubs, PA League of Women Voters, PA Land Trust Association, PA Landscape and Nursery Association and former DEP Secretary David E. Hess.