Subchapter B. POLICIES FOR CRITICAL ENVIRONMENTAL AREAS
GENERAL Sec.
9.101. The critical areas approach.
ENVIRONMENTAL POLICY FOR PRIME FARMLANDS
9.111. Prime farmlands.
9.112. Agro-base areas.
9.113. Public investments.
9.114. Land policy planning and coordination.
9.115. Wastewater renovation.
9.116. Farmlands of regional importance.
ENVIRONMENTAL POLICIES FOR WATERSHEDS WITH HIGH
QUALITY STREAMS
9.121. Watersheds with high quality streams.
9.122. Stream identification.
9.123. Antidegradation.
9.124. Environmentally sensitive watersheds.
9.125. Commonwealth land policy.
9.126. Local and regional planning.
ENVIRONMENTAL POLICIES FOR FLOODPLAINS
9.131. Floodplains.
9.132. Developed floodplains.
9.133. Undeveloped floodplains.
9.134. Watershed planning.
9.135. Coordination of programs.
ENVIRONMENTAL POLICIES FOR COAL RESOURCES
9.141. Coal resources.
9.142. Historic degradation.
9.143. Regulations.
9.144. Guiding future mining.
9.145. Land and energy planning.
ENVIRONMENTAL POLICIES FOR AREAS WITH LIMITED WATER
SUPPLY
9.151. Areas with limited water supply.
9.152. Regulatory action.
9.153. Interbasin transfers and structural alternatives.
9.154. Groundwater resources.
9.155. Land and water resource planning.
ENVIRONMENTAL POLICIES FOR CLEAN AIR RESOURCE AREAS
9.161. Clean air resource areas.
9.162. Prevention of degradation.
9.163. Air quality planning.
9.164. Regulatory programs.
9.165. Land policy planning.
9.166. New technologies.
ENVIRONMENTAL POLICIES FOR OPEN SPACE IN
METROPOLITAN AREAS
9.171. Open space in metropolitan areas.
9.172. Expansion of traditional concepts.
9.173. Open space protection.
9.174. Open space types.
9.175. Land planning and coordination.
GEOLOGIC AREAS WITH DEVELOPMENT RESTRAINTS
9.181. Landslide prone areas.
9.182. Land use planning.
9.183. Coordination of State programs.
9.184. Consumer protection.
ENVIRONMENTAL POLICIES FOR AREAS WITH CARBONATE
GEOLOGY
9.191. Areas with carbonate geology.
9.192. Groundwater protection.
9.193. Resource utilization.
9.194. Land policy.
9.195. Consumer protection.§ 9.101. The critical areas approach.
(a) The Environmental Master Planning program has been previously described as a program to enhance and maintain the environmental quality of the Commonwealth through the development and implementation of environmentally sensitive policies.
(b) Traditionally, the concern of the Commonwealth for protecting environmental quality has been expressed through specific legislation designed to regulate the pollution and degradation of the environment. Although the innovative legislation of the Commonwealth has resulted in dramatic environmental improvements, there are numerous areas within this Commonwealth of immediate concern because environmental quality is better than existing regulatory standards or because of the inadequacy of standards to protect existing environmental values. These areas may be of value for protecting ecological relationships or for maintaining the existing quality or character of the environment valued by society.
(c) Since the overall environmental quality of the Commonwealth will be greatly dependent on emerging growth and development patterns and specific uses of the land, the protection of environmentally important areas will be a major factor in determining future development. Certain geographic areas which are of statewide environmental importance and which are significant determinants of state and regional growth and development patterns are considered key or environmental areas. Although the term ‘‘critical environmental area’’ is usually limited to natural areas having rare, unique or fragile qualities, the Master Planning program applies a broader meaning which considers the overall ecologic importance of maintaining a healthy natural environment and translates this concern as a determinant for future growth and development.
(d) In a recent publication by the Pennsylvania Department of Environmental Resources entitled Area Considerations for Pennsylvania’s Statewide Environmental Master Plan’’ (February 1975), various critical environmental areas were examined to provide an overview of inherent values and problems. Criteria were presented in that publication to identify priority areas having Statewide environmental value and being significant determinants of Statewide and regional growth and development patterns. Based upon the criteria, the following critical environmental areas were selected as being priority areas having environmental values of Statewide importance: prime farmlands, watersheds with high quality streams, floodplains, coal resources, areas with limited water supply, clean air resource areas, open space in metropolitan areas, landslide prone areas and areas with carbonate geology.
(e) The selection of these areas is intended to indicate a priority for areas having environmental value and being determinants of future growth, and does not mean that other areas are not important. In the future, policies of the Master Planning program will address issues related to other areas having environmental values such as forest, natural areas, scenic areas, wetlands and coastal zone areas.
(f) The primary environmental policy concern for each critical area is the protection of values which contribute to the overall environmental importance of the critical area. Additional policies for each critical area are designed to protect these environmental values through the development of alternative management strategies sensitive to the major environmental issues. Since protecting environmental values is the thread tying the policies together, many of the policies are mutually supportive. For example, keeping prime agricultural soils in farmland maintains the recharge capacity of productive aquifers, while discouraging development on floodplains provides ecologically valuable open space in metropolitan areas.
(g) The policies do not comprehensively address all issues for each critical area but do propose basic directions for future Commonwealth actions. Major issues related to intergovernmental land policy responsibilities, property tax structure, and public facilities investments are common to many critical areas and policies addressing these issues will be of significant importance for protecting Statewide environmental values. In addition, the policy statements are not self-executing, and their pronouncement is only the beginning of a series of actions which must take place before the policies will effectively guide state, regional, county and local activities.
ENVIRONMENTAL POLICY FOR PRIME FARMLANDS
§ 9.111. Prime farmlands.
(a) Prime farmlands are a contributing factor to the quality of the environment of the Commonwealth. Because of their location, distribution and environmental significance, prime farmlands are of statewide importance. The primary environmental policy concern is the protection of values associated with these farmlands.
(b) It shall be the environmental policy of the Commonwealth to protect and preserve the productive capability, resource potential, ecologic significance and aesthetic and open space values of the prime farmlands of the Commonwealth.
(c) The productive farmlands of the Commonwealth are being converted to nonagricultural land uses daily. Increasing urban land use pressures and decreasing agricultural profitability are major factors contributing to the conversion of agricultural lands especially near urban centers. A broad based agricultural development program is necessary to prevent the future loss of the farmlands of the Commonwealth. An important part of this program will be environmental policies directed to the protection of the valuable prime agricultural soil resources of the Commonwealth. The concern for these resources will be translated through policies which will strengthen the agricultural economy and encourage farming in areas having prime farmlands. The following policies provide the basis for the protection of these prime farmlands.
§ 9.112. Agro-base areas.
(a) Agricultural trends across the Commonwealth and nation suggest that prime farmlands cannot remain in agricultural use without regard for maintaining viable agricultural based communities. There are many areas within the Commonwealth where agricultural based communities could remain competitive over the long haul while protecting the productive capacity of the land. More effective long-term preservation of many prime farmlands may be accomplished by encouraging economically competitive agro-base areas.
(b) It shall be the environmental policy of the Commonwealth to protect the prime farmlands of the Commonwealth by promoting and supporting a favorable social and economic climate which will strengthen the viability of agricultural communities throughout the Commonwealth.
§ 9.113. Public investments.
(a) The provision of public services and capital expenditures into areas with prime farmlands tends to encourage the conversion of land to more profitable nonagricultural uses. In active agricultural areas special care shall be taken to ensure that public investments will not destroy the environmental values of these lands.
(b) It shall be the environmental policy of the Commonwealth to encourage only the extension of public services and facilities which are compatible with the maintenance of economically viable agricultural areas and to protect areas where prime farmlands are being retained as open space in accordance with land use plans.
§ 9.114. Land policy planning and coordination.
(a) Evidence gathered in the Commonwealth suggests that local governments cannot preserve prime farmlands by themselves. Land use controls, public acquisition and preferential tax programs to protect agricultural lands shall be in support of environmentally sensitive land policy planning at all levels of governments. Frequently conflicting objectives of transportation, housing, sewer and recreation plans at the State, regional and local level indicate the need for a strong land policy framework to coordinate efforts to protect prime farmlands.
(b) It shall be the environmental policy of the Commonwealth to develop an environmentally sensitive land policy planning program which protects the environmental values of the prime farmlands of the Commonwealth and coordinates activities at the State, regional and local level related to the use of these lands.
§ 9.115. Wastewater renovation.
(a) In the metropolitan areas of the Commonwealth, large quantities of wastewater are generated which require expensive treatment and add pollutants to nearby streams. The national no-discharge goal of the Federal Water Pollution Act (33 U.S.C.A. § § 1251—1376), is placing increased burdens on municipalities to seek other wastewater treatment alternatives. In many portions of the Commonwealth, extensive prime farmlands exist in close proximity to urban areas providing the potential for the land application of wastewater. This use of the land can serve to protect these lands and also renovate wastewater, enhance agricultural production, and recharge groundwater tables.
(b) It shall be the environmental policy of the Commonwealth to encourage wastewater renovation practices which utilize the natural filtration capabilities and enhance the productive potential of the prime farmlands of the Commonwealth.
§ 9.116. Farmlands of regional importance.
(a) Throughout many regions of the Commonwealth, productive agricultural lands exist in areas not defined as prime farmlands. The environmental values characteristic of prime farmlands may also be associated with other agricultural lands. In addition, the same techniques recommended for the protection of prime farmlands may be applied to other farmlands having regional agricultural importance.
(b) It shall be the environmental policy of the Commonwealth to encourage and support regional and local programs which identify and protect lands having regional importance for agriculture.
ENVIRONMENTAL POLICIES FOR WATERSHEDS WITH HIGH
QUALITY STREAMS
§ 9.121. Watersheds with high quality streams.
(a) Many environmental values associated with watersheds with high quality streams are of Statewide importance. Since many of these watersheds cover large contiguous areas, they also are ecologically important for maintaining the relatively undisturbed character of natural systems.
(b) As a result, watersheds with high quality streams contain many of the unique, rare, and fragile resources of the Commonwealth and are important to Statewide environmental quality. Protection of these resources and maintenance of ecologic relationships is the major environmental policy concern in watersheds with high quality streams.
(c) It shall be the environmental policy of the Commonwealth to protect and maintain the aesthetic, ecological, natural, recreational, wild and other environmental values of watersheds with high quality streams.
(d) The protection of these values will require action in several important areas. The following policies address specific environmental issues and provide the basis for protecting water quality and other associated values of watersheds with high quality streams.
§ 9.122. Stream identification.
(a) The existing conservation area use designation within the water quality management program of the Commonwealth has had limited success in protecting the high quality streams of the Commonwealth due to the lack of a firm basis for the identification of these streams. A major component in any effort to protect watersheds with high quality streams is a sound program to identify and delineate high quality streams.
(b) It shall be the environmental policy of the Commonwealth to develop criteria and adopt standards to identify the high quality streams of the Commonwealth.
§ 9.123. Antidegradation.
(a) The highest quality streams of the Commonwealth are unique and ecologically valuable resources. The natural characteristics of watersheds which maintain high quality streams are frequently vulnerable to development activities which may disrupt ecological relationships resulting in the degradation of water quality.
(b) It shall be the environmental policy of the Commonwealth to protect the high quality streams of the Commonwealth by discouraging land use and development activities that degrade or threaten to degrade water quality.
Notes of Decisions Federal Regulation
Although Congress has placed primary responsibility to comply with the Clean Water Act with the states, this fact did not change the mandatory duty of the Environmental Protection Agency’s Administrator referred to in 33 U.S.C.A. § 1313(c). Section 1313(c) requires the Administrator to approve a state’s revised water quality standard within 60 days or to reject it within 90 days. Thus, a 19-month delay in preparing and publishing proposed regulations was not fulfilling a public duty ‘‘promptly,’’ as commanded by Congress. Raymond Profitt Found. v. U.S.E.P.A., 930 F. Supp. 1088 (E. D. Pa. 1996).
Prompt Action Required
Nothing in the Clean Water Act prevents Pennsylvania from engaging in a comprehensive review of its antidegradation program. Indeed, the state’s evaluation of its water quality standard through a reg -neg process will educate interested parties as to the Act’s requirements and enable Pennsylvania to submit a more informed Triennial Review package. However, the fact that Pennsylvania has opted to undertake this consensus-building approach can not trump Congress’s clear mandate that the EPA promptly prepare and publish a water quality standard for the state if the EPA has disapproved the state’s standard. The Raymond Profitt Found. v. The United States Environmental Protection Agency, 930 F. Supp. 1088 (E. D. Pa. 1996).
§ 9.124. Environmentally sensitive watersheds.
(a) In addition to possessing exceptional water quality, watersheds with high quality streams may also have other outstanding environmental values related to hydrology, topography, geology, vegetation, wildlife or the general undeveloped character of the watershed. In many instances, the wild, scenic, natural, scientific, or educational values of the watershed may far outweigh the water quality concern. These values may also exist in watersheds with less than high quality streams. Since many of these values are also of Statewide importance, the Commonwealth should develop a broader protection program for environmentally sensitive watersheds.
(b) It shall be the environmental policy of the Commonwealth to protect watersheds having Statewide environmental values which may be rare, unique, fragile, or threatened and restore and maintain high quality streams within these watersheds.
§ 9.125. Commonwealth land policy.
(a) In watersheds with high quality streams the protection of stream quality and other environmental values goes beyond a concern for the immediate stream. Consideration must be given to the environmental impacts of land use development activities throughout the watershed. In many instances, existing growth and development patterns and the siting of large scale facilities is directly attributable to Commonwealth action. Urbanization, highway development, resource extraction and energy production complexes have the potential to degrade environmental values of watersheds with high quality streams, unless existing programs that shape future Commonwealth development provide for the protection of these watersheds. A coordinated Commonwealth land policy program is necessary to protect watersheds with high quality streams from future degradation.
(b) It shall be the environmental policy of the Commonwealth to encourage future growth and development patterns ensuring the protection of watersheds with high quality streams and discourage those land use activities which may degrade the environmental values of these watersheds.
§ 9.126. Local and regional planning.
(a) Actions at the Commonwealth level are not able to provide fully for the protection of watersheds with high quality streams. The power to control land use directly is mainly in the hands of local governments. With proper guidance and assistance from the Commonwealth, regional, county and municipal governments can reflect the concern for protecting watersheds with high quality streams and enhance local environmental quality within municipal planning and regulatory programs.
(b) It shall be the environmental policy of the Commonwealth to encourage and support regional, county, and municipal planning efforts to protect watersheds with high quality streams.
ENVIRONMENTAL POLICIES FOR FLOODPLAINS
§ 9.131. Floodplains.
(a) Because floodplain resources are of significant importance to man and are vital for maintaining the floodplain ecosystem, the primary environmental policy concern is the protection of floodplain resource values.
(b) It shall be the environmental policy of the Commonwealth to recognize the ecologic and hyrologic importance of floodplain ecosystems and protect the groundwater, wildlife, vegetation, soil and other resource values of the floodplain.
(c) The protection of floodplain values necessitates a reevaluation of past approaches to floodplain management. Past strategies dealing with floodplain management have focused primarily on socioeconomic impacts of flooding with little concern for the environmental significance of floodplains. The following policies are directed toward the protection of environmental values and human health through the development of new strategies sensitive to environmental concerns.
§ 9.132. Developed floodplains.
(a) A variety of approaches are necessary to solve problems related to existing and future floodplain development. It would be economically unfeasible to relocate all existing floodplain development in the Commonwealth. However, the Commonwealth should take action to protect life and property and, when possible, restore the less intensively developed character of the floodplain environment.
(b) It shall be the environmental policy of the Commonwealth to minimize damage to life and property, protect the environment from any release of toxic substances during flooding, and encourage compatible use of the floodplain environment throughout the Commonwealth.
§ 9.133. Undeveloped floodplains.
(a) In undeveloped floodplains, programs should not attempt to exclude all types of land uses and development but to encourage those uses which will minimize flood damages, flood frequencies and magnitudes, and prevent the destruction of the floodplain environment. Defining appropriate uses should be based upon the environmental opportunities and constraints of the floodplain.
(b) It shall be the environmental policy of the Commonwealth to protect environmental values of undeveloped floodplains by discouraging any floodplain development which may degrade the floodplain environment, increase the potential for flood damages, or contribute to increased flood flows.
§ 9.134. Watershed planning.
(a) Since the impact of flooding and urban development transcends municipal and floodplain boundaries, all lands within the watershed should be managed to minimize flood damages, flood potential and destruction of the environmental resources of the floodplain. The inability of floodprone municipalities to control activities of other municipalities, either upstream or in other areas throughout the watershed, requires a broader approach than a traditional floodplain management program.
(b) It shall be the environmental policy of the Commonwealth to encourage more comprehensive watershed planning to prevent runoff caused by existing or future watershed development from increasing flooding potential or flood damages within the floodplain.
§ 9.135. Coordination of programs.
(a) Many Commonwealth and Federal programs may either directly or indirectly stimulate development on floodplains. Programs related to planning, regulation, investments, public facilities construction, and technical assistance provide opportunities to protect the floodplain environment.
(b) It shall be the environmental policy of the Commonwealth to protect the environmental values of floodplains by coordinating existing programs to guide future patterns of urbanization away from floodplains and prevent floodplain development not compatible with the protection of these environmental values.
ENVIRONMENTAL POLICIES FOR COAL RESOURCES
§ 9.141. Coal resources.
(a) Because of the geographic extent of the coal reserves of the Commonwealth, increasing demands, and the potential for environmental degradation, areas with coal reserves are of Statewide importance. While recognizing recent Commonwealth proposals to encourage the production of coal, the overriding environmental concern is the need both to protect environmental values and reclaim degraded areas.
(b) It shall be the environmental policy of the Commonwealth to encourage the protection of ecologic, scenic, aesthetic, recreational and other natural resource values in areas with extractable coal reserves while supporting the preestablished Commonwealth policy of promoting coal production and to restore and reclaim those areas degraded by previous mining activities.
(c) The protection of environmental values will become more difficult as coal mining increases throughout the Commonwealth. To protect the environment throughout the coal mining process, it is essential that this Commonwealth develop policies for the wise management of the Commonwealth coal resources. The following policies provide for an environmentally sound course of action.
§ 9.142. Historic degradation.
(a) The historic legacy of previous coal mining activities in the Commonwealth is one of destruction and devastation. The cost to reclaim the total damage to the environment is not known. Estimates to eliminate the major problems indicate over several billion dollars will be necessary. Although this burden will also be carried by future generations, the renewed interest in coal may provide new opportunities to undertake a larger reclamation program.
(b) It shall be the environmental policy of the Commonwealth to encourage strongly additional Federal, State and private activities directed to the abatement of environmental pollution and the restoration of the environment in any areas degraded by previous coal mining activities.
§ 9.143. Regulations.
(a) The only redeeming value of the previous degradation from coal mining is that it serves as a continuous warning of the necessity for a strong regulatory program. Although conformance with existing regulations will preclude the major problems of the past, the regulatory structure is effective only to the extent that it is enforceable. This is becoming a more serious concern especially with the dramatic increase in coal mining activity and budgetary constraints imposed upon regulatory agencies.
(b) It shall be the environmental policy of the Commonwealth to ensure complete conformance with existing coal mining regulations by strengthening existing programs to provide compliance throughout the entire coal extraction and reclamation process.
§ 9.144. Guiding future mining.
(a) There are many areas with coal reserves which also have environmental values of Statewide importance. These areas may have streams exhibiting high quality or low fertility, wild or natural characteristics, outstanding scenic beauty, or other unique ecologic values which may be important to the overall environmental quality of the area. In many of these areas particular environmental values or associations of environmental values are highly vulnerable to degradation throughout the coal extraction process. In these areas, the stringent enforcement of existing regulations may not protect the overall environmental quality of the area.
(b) It shall be the environmental policy of the Commonwealth to protect unique and fragile ecologic values and outstanding natural resources in areas with extractable coal reserves by guiding future mining activities into those locations which may be adequately protected through the existing regulatory process or by adopting special protection measures in sensitive areas.
§ 9.145. Land and energy planning.
(a) National and State energy demands will create increased pressures for the extraction of coal throughout the Commonwealth. It will become increasingly difficult to protect ecologically valuable areas if energy policies support uncontrolled growth and development and continually create the demand for more energy. Although it is essential that effective energy solutions be developed at the national level, the Commonwealth may develop a more rational ap- proach to energy resource management through environmentally sensitive land policy planning.
(b) It shall be the environmental policy of the Commonwealth to develop coordinated land and energy planning programs which protect the environmental quality of the Commonwealth and encourage energy conservation.
ENVIRONMENTAL POLICIES FOR AREAS WITH
LIMITED WATER SUPPLY
§ 9.151. Areas with limited water supply.
(a) Adequate supplies of water are necessary for a wide range of water uses, including instream uses which sustain aquatic ecosystems. Degradation of environmental values associated with the streams of the Commonwealth is of particular concern during periods of low flow. Commonwealth policy to protect environment values in areas with limited water supply is of primary importance.
(b) It shall be the environmental policy of the Commonwealth to protect the natural instream uses and associated environmental values of streams from conditions increasing the occurrence and severity of natural low flows.
(c) The degradation of these values and the problems that exist in areas with limited water supply cannot be resolved until the issues are confronted and changes in present policy occur. The following policies address those issues of immediate concern.
§ 9.152. Regulatory action.
(a) In the absence of a strong regulatory framework to protect minimum stream flows, water supply demands from intake users may preempt instream uses and disrupt the maintenance of vital ecologic and hydrologic processes.
(b) It shall be the environmental policy of the Commonwealth to protect natural instream uses during periods of reduced stream flows by adopting laws and regulations to establish and enforce Statewide minimum flow standards.
§ 9.153. Interbasin transfers and structural alternatives.
(a) The use of interbasin transfers and construction of impoundments has frequently been utilized to supplement water supplies for intake users in water supply limited areas. In many instances these mechanisms may encourage or stimulate more growth and development than originally designed to support and consequently result in a demand for further water resource development. This frequently creates the need for more impoundments or interbasin transfers.
(b) It shall be the environmental policy of the Commonwealth to require the adoption of land and water resource plans and adequate development controls in an area before approving the use of impoundments and interbasin transfers.
§ 9.154. Groundwater resources.
(a) In many areas with limited water supply, groundwater is the main source of water supply. Excessive withdrawals may lead to groundwater mining and loss of surface flows. In addition, uncontrolled land use and development may cause pollution and create impervious cover preventing groundwater recharge.
(b) It shall be the environmental policy of the Commonwealth to protect and conserve groundwater resources by preventing pollution, protecting critical recharge areas, and discouraging overuse.
§ 9.155. Land and water resource planning.
(a) In areas with limited water supply, the constraints of the water resource base are evident. Uncontrolled growth and development in these areas will only create unnecessary economic, social and environmental problems. In the past there has been little concern given to the interrelationship of land use planning and water resource planning and the impact of one on the other. An integrated approach to solving the environmental problems in areas with limited water supply is needed.
(b) It shall be the environmental policy of the Commonwealth to protect and conserve ground and surface water resources and natural instream water uses through environmentally sensitive land and water planning which respects the natural hydrologic character of watersheds.
ENVIRONMENTAL POLICIES FOR CLEAN AIR RESOURCE AREAS
§ 9.161. Clean air resource areas.
(a) Humans cannot afford to chance that the long term effects of air pollu- tion now suspected, but not proven, will not occur. It is essential that steps be taken to preserve reservoirs of clean air which can provide for future dilution of air pollutants and maintenance of natural systems on a global scale. For these reasons, protection of existing clean air resources is of significant environmental concern.
(b) It shall be the environmental policy of the Commonwealth to preserve and protect the clean air resource areas of the Commonwealth to ensure the maintenance of ecosystems, high quality human health and welfare, and the long term survival of society.
(c) Protecting clean air resource areas is a distinctly different problem from those usually faced in the regulation of air quality. This Commonwealth presently regards the major problems of air quality control as first, bringing existing sources into compliance with standards; and second, preventing new sources from exceeding standards.
(d) The program of the Commonwealth is designed to deal with the immediate, urgent need to clean up serious air pollution problems of urban areas. The next step is to develop a program to protect the clean air resource areas of the Commonwealth. The following policies provide a basis for this protection.
§ 9.162. Prevention of degradation.
(a) Protecting clean air resource areas from being degraded to the level of the secondary standards will set certain limitations on future development activities. In order to have an effective program to protect clean air resource areas, it is necessary to establish a rational procedure for the protection of environmental values in these areas.
(b) It shall be the environmental policy of the Commonwealth to protect clean air resource areas by preventing the significant degradation of air quality to existing federal secondary standards.
§ 9.163. Air quality planning.
(a) Although the present strategies of the air implementation plan of the Commonwealth have limited applicability for the protection of clean air resources, it is essential that the planning process provide strong measures for the improvement of air quality and the maintenance of clean air resources.
(b) It shall be the environmental policy of the Commonwealth to develop a Statewide air quality implementation plan with measures to prevent significant degradation of clean air resource areas.
§ 9.164. Regulatory programs.
(a) Often the limitations of existing regulatory programs have not been because of weak regulations but rather the inability to enforce existing regulations.
(b) It shall be the environmental policy of the Commonwealth to protect clean air resource areas by maintaining a strong regulatory program including the provision for adequate funding and technical support.
§ 9.165. Land policy planning.
(a) The inherent limitations of a regulatory framework necessitates creating new approaches which are not reactive to changing growth and development patterns but provide for the direction of the use of the land to attain social, economic and environmental goals.
(b) It shall be the environmental policy of the Commonwealth in planning for future growth and development to prevent the significant deterioration of clean air resource areas from point and nonpoint sources of pollution.
§ 9.166. New technologies.
(a) Further technological development may help to improve air quality while allowing growth. Despite past limitations of technology to provide solutions, it is essential that the development of new technologies be in an overall program to protect clean air resources.
(b) It shall be the environmental policy of the Commonwealth to provide additional support for developing new technologies to reduce the potential for air pollution in clean air resource areas.
ENVIRONMENTAL POLICIES FOR OPEN SPACE IN
METROPOLITAN AREAS
§ 9.171. Open space in metropolitan areas.
(a) The protection and maintenance of ecologic values in the metropolitan areas of the Commonwealth can enhance environmental quality and provide a wide range of important environmental values. The major environmental policy concern is the protection and maintenance of these values.
(b) It shall be the environmental policy of the Commonwealth to protect open space lands in metropolitan areas by maintaining ecologic values and protecting the social and psychological, recreational, educational and other community environmental values of open space lands.
(c) The character and extent of development across the Commonwealth will influence the availability and quality of open space opportunities. Influence of development on open space is particularly evident in the metropolitan areas of the Commonwealth where the provision of open space for the protection of ecologic values and subsequent fulfillment of other human needs is a significant environmental concern. The following policies are necessary to protect these metropolitan open space values.
§ 9.172. Expansion of traditional concepts.
(a) Open space programs, especially in urban areas, have in the past tended to emphasize needs related to high intensity recreation. While recognizing the importance of these recreational uses, there is a parallel need for ecologically valuable lands which are also important to satisfy other human needs and maintain a high quality human environment.
(b) It shall be the environmental policy of the Commonwealth to recognize metropolitan open space resources as lands both necessary to protect ecologic processes and necessary to satisfy a wide range of human needs.
§ 9.173. Open space protection.
(a) Throughout metropolitan areas in the Commonwealth, many local and regional plans have provided recreational open space areas which also perform important natural functions. Some open space plans have recognized the ecologic importance of open space and have provided protection to floodplains, woodlands, steep slopes, and agricultural lands. As development in surrounding areas increases, open space lands are subjected to intense pressures for conversion to more intensive uses.
(b) It shall be the environmental policy of the Commonwealth to protect existing ecologically valuable metropolitan open space lands designated in local or regional plans by discouraging the conversion of open space lands to more intensive uses which destroy existing ecologic values.
§ 9.174. Open space types.
(a) Because of the varying development and natural characteristics of the metropolitan areas of the Commonwealth, different types of open space lands are necessary to serve various human needs and support different ecologic roles. Since many types of open space provide additional values depending upon the proximity to the human environment, a range of open space opportunities should be readily available to all citizens.
(b) It shall be the environmental policy of the Commonwealth to recognize that various open space lands play different ecologic roles and serve different recreational purposes by encouraging and supporting the availability of a wide range of open space types to the citizens of the Commonwealth
§ 9.175. Land planning and coordination.
(a) The rapid growth and development occurring in metropolitan areas is continually creating more pressures on existing open space for both greater recreational utilization and conversion to nonopen space land uses. In order to reduce these pressures, the development of coordinated State, regional and local open space planning is necessary. The development of open space plans respecting ecologic values is dependent on a broad, orderly land use planning program which incorporates a concern for environmental values. Within this program the assessment of natural resource values, capabilities, and constraints to particular land use configurations may provide the identification of ecologic values to be protected in open space lands.
(b) It shall be the environmental policy of the Commonwealth to ensure the protection of metropolitan open space by encouraging coordinated land use planning which respects the natural capabilities and limitations of the land.
GEOLOGIC AREAS WITH DEVELOPMENT RESTRAINTS
§ 9.181. Landslide prone areas.
(a) Landslides are unique natural phenomena associated with particular regions of the Commonwealth. In many areas, urban land use and development activities have increased the potential for landslides. In areas where landslide potential is ignored, landslides may cause environmental pollution and other environmental degradation.
(b) It shall be the environmental policy of the Commonwealth to prevent hazards to human life and property and degradation to the environment resulting from landslide occurrences.
(c) Because of the site specific character of landslides and lack of Com- monwealth policies, primary responsibility for landslide problems presently rests with local governments. The following policies will provide better coordination for Commonwealth programs and assist local planning programs in areas susceptible to landslides.
§ 9.182. Land use planning.
(a) Although certain regions of the Commonwealth have particular geologic formations associated with landslide activity, the events leading to a landslide incident characteristically are site specific in nature. Effective programs to prevent landslides, control environmental pollution, and reduce property damages resulting from landslides shall be developed within an environmentally sensitive land planning program at the local level. State action may support local and regional programs and provide technical assistance related to landslide problems.
(b) It shall be the environmental policy of the Commonwealth to encourage the development of local and county land planning and regulatory programs which consider the cumulative effects of land use and development activities upon landslide susceptibility.
§ 9.183. Coordination of State programs.
(a) Currently the Commonwealth has no program responsibility related to landslide problems. However, the Commonwealth administers numerous programs which may encourage future growth and development in areas potentially vulnerable to landslides. The coordination of these programs to recognize landslide problems may strengthen local planning efforts to protect the environment and reduce property damages in areas vulnerable to landslides.
(b) It shall be the environmental policy of the Commonwealth to coordinate existing State plans and programs discouraging development where environmentally sensitive controls are lacking and supporting local planning which identifies and controls landslide problems.
§ 9.184. Consumer protection.
(a) In many instances, development in landslide prone areas has taken place years prior to the recognition of landslide vulnerability. When landslide activity damages property, property owners usually bear the responsibility for remedial measures. Programs to assist or alleviate remedial burdens combined with advanced warning of landslide potential are necessary to protect consumers.
(b) It shall be the environmental policy of the Commonwealth to encourage the development of remedial assistance programs for owners of property damaged by landslides in municipalities having landslide controls and to assure the adequate disclosure of landslide potential in official plans and land transactions.
ENVIRONMENTAL POLICIES FOR AREAS WITH CARBONATE
GEOLOGY
§ 9.191. Areas with carbonate geology.
(a) Carbonate areas are found extensively throughout the Commonwealth and contain many diverse environmental values. The overall environmental concern in these areas is protecting the environmental importance of carbonate terrain.
(b) It shall be the environmental policy of the Commonwealth to recognize the environmental significance of areas with carbonate geology and protect the ecologic, recreational, and soil, mineral, and water resource values of carbonate areas.
(c) The ecological importance and existence of valuable resources in carbonate areas is of Statewide concern. Uncontrolled land use and development may increase the potential for environmental hazards and preempt the utilization of resources. The lack of comprehensive Commonwealth programs to deal with problems associated with carbonate areas reinforces the need for the following policies.
§ 9.192. Groundwater protection.
(a) Due to the natural characteristics of carbonate terrain, groundwater contamination is a serious problem. Solution channels in carbonate formations can carry contaminated groundwater rapidly over large areas with little purification or filtration. Since many of the high yield aquifers of the Commonwealth are in areas with carbonate geology, the potential for groundwater contamination is a Statewide concern.
(b) It shall be the environmental policy of the Commonwealth to prevent the contamination of aquifers in carbonate rock formations by discouraging land use and development activities which may threaten groundwater quality.
§ 9.193. Resource utilization.
(a) Carbonate areas contain many valuable environmental resources including productive soils, extensive mineral deposits and significant groundwater resources. Because of the interrelationships existing in carbonate terrain, uncontrolled development and improper resource utilization may lower the utility or destroy the values of other resources. It may be many years before land use and resource management plans become sensitive to the benefits and problems associated with the various uses of carbonate resources. The range of options available for the future utilization of these resources will be determined by the degree of action taken to protect the character of carbonate areas prior to the development of comprehensive resource management plans.
(b) It shall be the environmental policy of the Commonwealth to encourage open space land uses in carbonate areas to prevent the loss of resources and other environmental values by uncontrolled growth and development.
§ 9.194. Land policy.
(a) The prevention of environmental pollution and protection of resource values in carbonate areas will require planning and regulatory controls which transcend a single concern for soils, water or minerals. In the long term, the encouragement of open space uses of carbonate areas may change to reflect the need for more intensive uses of specific resources. In order to evaluate the changing resource demands, protect environmental values, and prevent environmental hazards in carbonate terrain, environmentally sensitive land policy planning programs are needed at all levels of government.
(b) It shall be the environmental policy of the Commonwealth to protect resource values and prevent environmental hazards in carbonate areas by supporting local, county, regional and State land planning efforts which minimize adverse environmental impacts of land use and resources management activities in carbonate terrain.
§ 9.195. Consumer protection.
(a) Groundwater contamination, flooding and surface collapse frequently cause property damage or create hazards to property owners in carbonate areas. The proper selection of development sites in carbonate terrain that recognize the natural conditions and potential environmental hazards may minimize existing problems and prevent the occurrence of new property damage or health hazards.
(b) It shall be the environmental policy of the Commonwealth to protect consumers and property owners in carbonate areas by requiring adequate disclosure of existing damages or potential hazards which are characteristically associated with carbonate terrain.
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