Pennsylvania Resources
Access the North Atlantic Coast Ecoregional Assessment
The Nature Conservancy's Pennsylvania Chapter
Pennsylvania Analysis
Status: Initial
The Ocean and Coast
In the southeast corner of Pennsylvania, the Delaware estuary shifts from saltwater to freshwater along a 57 mile stretch of urbanized coast in the upper Delaware estuary, including the Delaware River and its tidally influenced tributaries. In the northwestern corner of the state, Pennsylvania has 63 miles of rural and urban freshwater coast along Lake Erie.
Marine Conservation Agreements
As of February 2009, a formal law, policy, or spatial data analysis regarding the possibility of implementing Marine Conservation Agreement (MCAs) in Pennsylvania had not been completed. As such, we do not have a clear picture of what is legally possible, nor do we have a clear understanding of the ownership and leasing patterns across the coastal landscape and seascape. As state ownership of submerged lands generally extends landward only to the low water mark, private acquisition of the intertidal areas for conservation purposes appears viable.
Organizations wishing to MCAs in Pennsylvania should undertake site-specific assessments or work with state agency staff to evaluate opportunities statewide. If organizations pursue MCAs in Pennsylvania, several local, state, and federal authorizations may be required. The information that follows provides context for and information regarding possible authorization needs.
Submerged Lands
In Pennsylvania, submerged lands of the Commonwealth are defined as “waters and permanently or periodically inundated lands owned by the Commonwealth, including lands in the beds of navigable lakes and rivers and beds of streams declared public highways which are held in trust by the Commonwealth.”1 Public ownership generally extends only as far landward as the low water mark, and as far from shore as the boundaries of other states and nations. Public Trust rights include but may not be limited to navigation, fishing, and recreation2, and “improvement below the high and low water marks.”3
Submerged lands may only be transferred by action of the state legislature. However, the state may grant leases, licenses, easements, and rights-of-way in submerged lands. In 2000, such grants brought in approximately $1 million in revenue to the Commonwealth. The most common forms are licenses for occupancy and royalty agreements for the removal of sand and gravel, most of which is conducted on inland rather than coastal waterways. These and related permits for activities in wetlands and waterways are processed within the Pennsylvania Department of Environmental Protection, Bureau of Watershed Management, Division of Waterways, Wetlands, and Erosion Control.4
For conservation activities, it may be noted that one of the proper purposes of a license to use submerged lands is environmental protection, and that no charge will be assessed for “a structure or facility constructed and operated exclusively to improve fish habitat, under a cooperative agreement with the Fish Commission.”5
Pennsylvania Department of Environmental Protection
Bureau of Watershed Management
Rachel Carson State Office Building
400 Market Street
Harrisburg, PA 17101
Phone: 717-787-2814
Email: RA-epcontactus@state.pa.us
Coastal Zone, Beaches, and Shoreline Development
The waters of Pennsylvania’s federally approved Coastal Zone in the Delaware Estuary extend from the Delaware border to the upper limit of tidal influence (near Morrisville) and into the estuary as far as the New Jersey border. The Coastal Zone Management Program is housed in the Department of Environmental Protection. The program performs federal and local consistency review, provides funding, technical assistance, and intergovernmental coordination, and assists efforts to preserve wetlands, control invasive species, manage shoreline erosion, and provide public access. Most of the Delaware Coastal Zone is heavily urbanized, with the exception of the John Heinz National Wildlife Refuge in Philadelphia County, several small state and county parks in Bucks County and several islands in Delaware, Philadelphia and Bucks County.
The Bluff Recession Setback Act requires construction setbacks in identified areas with recession hazards along the Lake Erie coast. Seven miles of this coast are within Presque Isle State Park, and outside the park there is an additional mile of public beach at Coho Bluffs State Park. The Erie County Department of Health Beach monitors beach water quality, issues beach permits, and enforces state regulations.
Permits for activities affecting waterways and wetlands must be obtained from Department of Environmental Protection, Bureau of Watershed Management. Shoreline developments may also need local approval.
Department of Environmental Protection
Pennsylvania Coastal Zone Management Program - Water Planning Office
400 Market Street, 2nd Floor
P.O. Box 2063
Harrisburg, PA 17105-2063
Phone: 717-772-4785
Fax: 717-783-4690
Fish and Wildlife
Pennsylvania fisheries are regulated by the Pennsylvania Fish and Boat Commission. Other wildlife is managed by the Pennsylvania Game Commission. MCA projects that may directly or indirectly affect fish and wildlife should contact these agencies.
Pennsylvania Fish and Boat Commission
1601 Elmerton Avenue
PO Box 67000
Harrisburg, PA 17106-7000
Tel: 717-705-7800
Pennsylvania Game Commission
2001 Elmerton Avenue
Harrisburg, PA 17110-9797
Tel: 717-787-4250
Email: pgccomments@state.pa.us
Aquaculture
Pennsylvania’s aquaculture industry is largely in freshwater areas. The Department of Agriculture provides guidance in the permitting process, which may require approval from a number of different authorities. Pennsylvania Sea Grant seeks to support aquaculture development along the Lake Erie Coast.
Pennsylvania Department of Agriculture
2301 North Cameron Street
Harrisburg, PA 17110
Tel: 717-787-4737
Pennsylvania Sea Grant
Lake Erie Office
Tom Ridge Environmental Center
301 Peninsula Dr., Suite 3
Erie, PA 16505
Tel: 814-217-9018
Fax: 814-217-9021
Email: eco1@psu.ed
Water Quality
The Department of Environmental Protection (DEP) manages coastal water quality through a variety of programs in the three Bureaus of Water Standards and Facility Regulation, Watershed Management, Waterways Engineering, and the Water Planning Office. MCA projects that may directly or indirectly affect water quality should contact DEP.
Department of Environmental Protection
Water Management Program
Rachel Carson State Office Building
400 Market Street
Harrisburg, PA 17101
Tel: 717-787-2814
Email: RA-epcontactus@state.pa.us
1 Pennsylvania Code, Ch. 105.1. Definitions.
2 Pennsylvania Code, Ch. 105.31. Property Rights.
3 Rhode Island Coastal Resources Management Council. 2000. Submerged land survey: Pennsylvania. In Submerged lands survey update 2000, as presented at the 19th Annual International Submerged Lands Management Conference, Newport, Rhode Island, October 1-5. (download .pdf, 491k)
4 Ibid.
5 Pennsylvania Code, Ch. 105.32. Projects—Proper Purpose. and Ch. 105.35: Charges for Use and Occupation of Submerged Lands of this Commonwealth.