Pennsylvania Bulk Transmission Land Access(3-PA)
In Pennsylvania, a transmission developer may need a State Land Right-of-Way from the appropriate state agency with jurisdiction over the land to access state lands. A developer may need to obtain a Highway Occupancy Permit (Permit) from the Pennsylvania Department of Transportation before performing any work along or within a state highway right-of-way involving the placing of utilities facilities or other structures. 67 PA. Code. §459.3(a)(1980).
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|State Land Right-of-Way:||Any person may need a State Land Right-of-Way from the appropriate state agency with jurisdiction to access state lands. In addition, public utility companies may need a State Land Right-of-Way from the Pennsylvania Department of Conservation and Natural Resources to construct transmission lines over, along and upon highways and roads that lie within or border state forests and state parklands. 71 Pa. Cons. Stat. §§ 1340.302(a)(1) (1995), 71 Pa. Cons. Stat. §§ 1340.303(a)(2) (1995) .|
|State Land Right-of-Way Agency:||Pennsylvania Department of Conservation and Natural Resources, state agency with jurisdiction|
|State Highway Right-of-Way:||Any person may need a State Highway Occupancy Permit before placing utility facilities or other structures within a state highway right-of-way or opening the surface. 67 PA. Code. §459.3(a)(1980). A utility facility, in part, includes “any privately, publicly or cooperatively owned lines, facilities and systems for producing, transmitting or distributing communications, power, electricity…which directly or indirectly serve the public…” 67 PA. Code. §459.1 (1980).|
|State Highway Right-of-Way Agency:||Pennsylvania Department of Transportation|
|Eminent Domain:||Public utilities may exercise the power of eminent domain for private enterprise. 26 PA. Code. §204 (2006). Furthermore, a public utility exercising the power of eminent domain to build an aerial electric transmission line must obtain approval from the Pennsylvania Public Utility Commission. PA Code. Ann. §1511.|