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Pennsylvania State Land Right-of-Way (3-PA-b)

In Pennsylvania, a developer may need a State Land Right-of-Way from the appropriate state agency with jurisdiction over the land to access state lands. The Pennsylvania Department of Conservation and Natural Resources has the authority to grant right-of-ways for pipelines and transmission lines across state forest and state park lands. 71 Pa. Cons. Stat. §§ 1340.302(a)(1) (1995) , 71 Pa. Cons. Stat. §§ 1340.303(a)(2) (1995) .


State Land Right-of-Way Process

3-PA-b.1 to 3-PA-b.2 — Will the Proposed Project be Located on State Forest Lands?

If the proposed project is not located on state forest lands then the developer should contact the appropriate state agency with jurisdiction over the site for more information on how to apply for a right-of-way. If the proposed project is located on state forest lands, the developer should contact the Pennsylvania Department of Conservation and Natural Resources, Bureau of Forestry (Bureau) to initiate the right-of-way application process.

3-PA-b.3 — State Forest Land Right-of-Way Application

The developer should submit a State Forest Land Right-of-Way Application (Application) to the Pennsylvania Department of Conservation and Natural Resources, Bureau of Forestry (Bureau).

The developer must submit three (3) copies of the Application, and it should include:

  • Two (2) copies of the proposed construction drawing;
  • Three (3) copies of the project location map, identifying points of entry to the state forest lands;
  • The approximate distance of the right-of-way; and
  • The width of temporary and permanent construction.

State Forest Land Right-of-Way Application.

3-PA-b.4 — Hold Pre-Survey Meeting

The developer must hold a pre-survey meeting with the Bureau. At the pre-survey meeting, the developer should present a summary of the proposed project to the Bureau and answer any additional questions.

3-PA-b.5 to 3-PA-b.6 — Review Application Materials for Completeness

At this stage the Bureau can deny the right-of-way or order the developer to resubmit an application with more information. Pennsylvania Department of Conservation and Natural Resources Right-of-Way Document .

3-PA-b.7 — Assess Application for Approval

The Bureau has the authority to approve or deny a project and will decide whether or not to issue a certificate to survey the area within 21 days of the pre-survey meeting. Pennsylvania Department of Conservation and Natural Resources Right-of-Way Document.

3-PA-b.8 — Conduct Field Survey (If Applicable)

The developer may need to conduct a field survey of the landscape, including ecological, archeological and civil aspects of the land. Pennsylvania Department of Conservation and Natural Resources Right-of-Way Document.

3-PA-b.9 — Conduct State Forest Environmental Review

A Pennsylvania State Forest Environmental Review should be conducted for projects that significantly alter the current state forest land use. The review should analyze water quality, aesthetics, biological productivity and species of special concern. Environmental Reviews must include information on the projects’ impact on each factor. If there are adverse effects on the landscape explanations of corrective measures must be included. Pennsylvania Department of Conservation and Natural Resources Right-of-Way Document.

3-PA-b.10 to 3-PA-b.11 — Hold Post Survey Meeting (Optional)

The Bureau will schedule a post survey meeting with the developer if there are any outstanding issues that need resolution. Pennsylvania Department of Conservation and Natural Resources Right-of-Way Document.

3-PA-b.12 — Forest State Land Right-of-Way

The developer must comply with the conditions or restrictions on the Pennsylvania Forest State Land right-of-way.

3-PA-b.13 — Hold Pre-Construction Meeting

All key individuals must attend a meeting before construction begins to meet each other and discuss the project. These meetings are intended to review the project logistics and timeline. The developer and the Pennsylvania Department of Conservation and Natural Resources must meet weekly throughout the project to address any concerns that may arise. Pennsylvania Department of Conservation and Natural Resources Right-of-Way Document.

3-PA-b.14 — Appeal Decision (Optional)

The developer, or any interested party, may appeal a decision in the judicial court with jurisdiction over the land. 2 Pa. Stat. and Cons. Stat. Ann. § 702 (1978) .


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