The Pennsylvania Land Use Law Library
The Pennsylvania Land Use Law Library The Pennsylvania Land Use Law Library The Pennsylvania Land Use Law Library
Disclaimer
Proposed Legislation
State Statutes
Land Use Case Law - Court Rulings

Disclaimer
No liability is assumed with respect to the use of information contained in this website. Laws may be amended or court rulings made that could affect a particular procedure, issue, or interpretation. The Department of Community & Economic Development assumes no responsibility for errors and omissions nor any liability for damages resulting from the use of information contained herin. Please contact your local solicitor for legal advice.

Proposed Legislation Related to Land Use and Planning
Every year, a number of bills are introduced in the Pennsylvania General Assembly that relate to land use and planning issues. You can access current bills on the Session Information page of the Pennsylvania General Assembly’s web site. Use the “Find Legislation By” search tool in the upper right. If you have specific questions about the effects of any bill, please consult your solicitor or other attorney.

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State Statutes Related to Land Use/Current Legislation
In addition to the Municipalities Planning Code (pdf format), which establishes the framework for land use planning and regulation in Pennsylvania, there are a number of other state laws that influence or control aspects of land use. Some are specifically mentioned in the MPC, while others are not. Refer to the Department of Community and Economic Development’s Local Government Law Library and the Pennsylvanian Local Government Commission for frequently cited municipal laws in Pennsylvania.

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State Statutes Referenced in the Municipalities Planning Code
Sections 301(6) and 603(b) of the MPC require that local comprehensive plans and zoning ordinances be consistent with and not exceed the requirements contained in a number of specific statutes. All of those statutes are available for viewing below.

Act 394 of 1937, the Clean Streams Law (pdf)
Act 418 of 1945, the Surface Mining Conservation and Reclamation Act (pdf)
Act 31 of 1966, the Bituminous Mine Subsidence and Land Conservation Act (pdf)
Act 1040 of 1968, the Coal Refuse Disposal Control Act (pdf)
Act 1140 of 1984, the Oil and Gas Act (repealed and replaced by Act 13 of 2012, amending Title 58 Oil and Gas of the Pennsylvania Consolidated Statutes)
Act 219 of 1984, the Non-coal Surface Mining Conservation and Reclamation Act (pdf)
Act 43 of 1981, the Agricultural Area Security Law (pdf)
Act 133 of 1982, An Act Protecting Agricultural Operations from Nuisance Suits and Ordinances Under Certain Circumstances (pdf)
Act 6 of 1993, the Nutrient Management Act

 

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Other State Statutes Related to Land Use
In addition to those acts listed in the MPC, there are other state laws that are of importance to local officials and others interested in sound land use. These include:

Act 167 of 1961, the Historic District Act (pdf)
Act 537 of 1966, the Sewage Facilities Act (pdf)
Act 166 of 1978, the Flood Plain Management Act (pdf)
Act 167 of 1978, the Storm Water Management Act (pdf)
Act 238 of 2004, the Transit Revitalization Investment District Act (pdf)

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