Is there a setback required for homeowners?

[springer1]

I was fishing yesterday and came across a residential homeowner who has cleared all the brush & under growth right down to the stream bank. I assume they are preparing to sod or seed a lawn.

Is this legal - isn't there some sort of required setback buffer between improved property and a creek ? Is there a designated agency I should notify ? Thanks.

 

[lycoflyfisher]

Your County Conservation District would most likely be your first point of contact. As a whole if the roots are left in place, DEP does not regulate the cutting of vegetation. If the property is enrolled in any form of a conservation easement or if the disturbance is part of a larger development or project there may be some more stringent restrictions.

 

[SteveG]

Your best course of action would probably be to amicably educate the property owner.

https://www.pacode.com/secure/data/025/chapter102/s102.14.html

 

[troutbert]

There are many places on land owned by resource agencies where groomed lawns are maintained right up to the water's edge.

 

[springer1]

There are many places on land owned by resource agencies where groomed lawns are maintained right up to the water's edge.

Roger that. Well, if they can then a homeowner's back yard can. Sigh, it's tough to be a fish.

 

[lycoflyfisher]

SteveG wrote:
Your best course of action would probably be to amicably educate the property owner.

https://www.pacode.com/secure/data/025/chapter102/s102.14.html

To the best of my knowledge the regs referenced here only apply when a landowner or developer is applying for a Chp 102 NPDES permit for construction activity in a special protection watershed. In those cases a 150' riparian buffer is required, if the buffer is impacted by the construction the applicant must replant onsite or mitigate elsewhere nearby. Offsite replanting usually requires a greater number of trees to be planted.

I am almost positive that there is no regulatory citation that could be used to prevent a landowner from cutting vegetation along a stream. Earth disturbance adds an additional layer and that is well regulated.