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PA Bulletin, Doc. No. 07-486



[58 PA. CODE CH. 135]

Lands and Buildings; Licenses for Rights-of-Way

[37 Pa.B. 1309]
[Saturday, March 24, 2007]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 23, 2007, meeting, adopted Subchapter L (relating to licenses for rights-of-way).

   The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   Notice of proposed rulemaking was published at 37 Pa.B. 315 (January 20, 2007).

1.  Purpose and Authority

   The Commission last set rights-of-way license fees by policy in 1999. The Commission has since determined that its current rights-of-way license fee structure occasionally fails to capture the proper value of some rights-of-way licenses. In an effort to assemble a rights-of-way license structure that better captures the appropriate value of its resources, the Commission adds Subchapter L to establish regulations governing the granting of rights-of way licenses on Commission-owned lands and waters.

   Section 721(a) of the code (relating to control of property) provides ''The administration of all lands and waters owned, leased or otherwise controlled by the commission shall be under the sole control of the Director, and the commission shall promulgate regulations...for its use and protection as necessary to properly manage these lands or waters.'' Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The addition of Subchapter L was adopted under this authority.

2.  Regulatory Requirements

   The final-form rulemaking adds Subchapter L to establish regulations governing the granting of rights-of-way licenses on Commission owned lands and waters.

3.  Persons Affected

   Persons wishing to obtain rights-of-way licenses on Commission-owned lands and water will be affected by the final-form rulemaking.

4.  Comment and Response Summary

   There were no official comments received regarding this final-form rulemaking.

5.  Cost and Paperwork Requirements

   The final-form rulemaking should not result in additional cost or paperwork.

6.  Effective Date

   The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7.  Contact Person

   For further information regarding the final-form rulemaking, contact Richard A. Palmer, Acting Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.


   The Commission finds that:

   (1)  Public notice of intention to adopt the administrative regulations adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  The adoption of the regulations of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.


   The Commission, acting under authorizing statute, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 135, are amended by adding §§ 135.221, 135.222, 135.224 and 135.225 to read as set forth at 37 Pa.B. 315 and by adding § 135.223 to read as set forth in Annex A.

   (b)  The Executive Director of the Commission shall certify this order, 37 Pa.B. 315 and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (c)  This order shall become effective upon final-form publication in the Pennsylvania Bulletin.

Executive Director

   Fiscal Note: Fiscal Note 48-241 remains valid for the final adoption of the subject regulations.

Annex A





§ 135.223. Application and processing fee.

   (a)  Application. A person or entity requesting a license for right-of-way shall submit a completed application on a form supplied by the Commission. A description of alternatives considered in the project location and design shall be included with the application.

   (b)  Processing fee. A nonrefundable fee of $150 payable to the Pennsylvania Game Commission shall be submitted with the application. This fee is nonrefundable whether the license is approved or denied.

[Pa.B. Doc. No. 07-486. Filed for public inspection March 23, 2007, 9:00 a.m.]

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