Pennsylvania Stream Buffer Legislation Shines Light on Christie DEP’s Failures

Conservation and Water Research Orgs Applaud Streamside Forest Buffers Bill

Bristol, Pa.— Relying upon, current science that shows streamside forest buffers protect communities from pollution and reduce flooding , Pennsylvania State Senator John Rafferty (R-44) introduced a new bill to support protection of forest buffers along streams, creeks and rivers in the state. The new bill is being applauded by both conservation and water research organizations.

“This measure will provide the most basic protections from pollution and flooding to every community in the Commonwealth,” said Maya van Rossum, the Delaware Riverkeeper. “Streams lined by healthy forested buffers reduce pollution in the creeks communities drink from, fish in, and play in. Once established, vegetated buffers help communities meet federal pollution protection laws at a very low cost, they can provide protection from flooding that devastates communities, and they help prevent erosion that undermines public and private lands as well as bridge and road infrastructure. Moreover, this law will ensure that the cost of providing these protections is appropriately carried by new development projects, not by taxpayers or municipal and state budgets.”

Senate Bill 1465 focuses on securing 100-foot buffers on waterways that are bordered by new development projects with additional protections for waterways that fail to meet state water quality requirements as well as streams designated exceptional value or high quality. The law encourages municipal ordinances to provide this protection and supports statewide action in the absence of municipal ordinances.

“We recently reviewed over 230 scientific studies and concluded that streamside forest buffers must be at least 100 feet wide on both side of the stream to adequately protect its physical, chemical, and biological integrity. So, I am delighted to hear about this proposed legislation. It is consistent with the latest science,” said Bernard W. Sweeney, Ph.D. Director Stroud Water Research Center, based in Avondale, Pa.

While Pennsylvania legislators, led by a Republican, seek to move forward with clean water regulatory protections, the situation in NJ is exactly the opposite.

The contrast on the stream buffer issue could not be more stark.

While Pennsylvania’s clean water advocates fight for 100 foot wide buffer legislation, very few people realize that NJ, a far more densely developed state than Pennsylvania,  has regulatory 300 foot wide buffers along over 2,000 stream miles.

The NJ stream buffer program – known as “Special Water Resource Protection Areas” or “Category 1 waters” –  is a regulatory program that was advanced during the McGreevey Administration by DEP – I was an architect of that effort under the leadership of DEP Commissioner Brad Campbell.

The C1 waters are designated by DEP based on “exceptional” resource values.

In contrast to the aggressive C1 regulatory designations and suite of clean water protections by the McGreevey Administration,  the Christie Administration has headed in the opposite direction, by weakening standards and not designating a single stream mile for special C1 buffer protections.