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§ 5402. Definitions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 32 P.S. Forests, Waters and State Parks

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 32 P.S. Forests, Waters and State Parks
Part IV. Conservation and Land Development
Chapter 105. Recreational Improvement and Rehabilitation Act (Refs & Annos)
32 P.S. § 5402
§ 5402. Definitions
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Community conservation.” Any park or recreation project which preserves or enhances the economic or cultural environment in a community.
“Conservation purposes.” Any use of land for reforestation, wildlife reserves or any other uses that will maintain, improve or develop the natural environment of soil, water, air, minerals or wildlife of this Commonwealth so as to assure their optimum use.
“Departments and commissions.” The Department of Community Affairs,1 the Department of Environmental Resources,2 the Pennsylvania Fish Commission, the Pennsylvania Game Commission, the Pennsylvania Historical and Museum Commission and the Department of Military Affairs.
“Development.” Any construction, improvement, rehabilitation, utility and road relocation, alteration or renovation required for and compatible with the physical development or improvement of land, water or structural resources.
“Land.” Real property, including improvements thereof or thereon, rights-of-way, water, riparian and other rights, easements, privileges and any other physical property or rights or interests of any kind or description relating to or connected with real property.
“Municipality.” Any county, city, borough, town, township, or home rule municipality, or any official agency created by the foregoing units of government under the laws of the Commonwealth; however, any of the actions of such official agency taken under the authority of this act shall be first approved by the participating local governing bodies in such agency.
“Open space benefits.” The benefits to the citizens of the Commonwealth which result from the promotion or restriction of the use of selected open space lands, including, but not limited to, the protection and conservation of existing and planned parks, recreation and conservation lands; the promotion of sound, cohesive and efficient land development by providing open spaces between communities; the protection and conservation of natural or scenic resources, including, but not limited to, streams, flood plains, steep slopes, marshes, soils and beaches; and the protection and conservation of farmland, forests and land, water resources and watersheds and historic, geologic and botanic sites.
“Open space lands.” Land used for purposes not inconsistent with the achievement of open space benefits.
“Recreation purposes.” Any use of land for public park, zoo, fishing, hunting, boating, snowmobiling, open space and interpretive environmental education purposes or scenic sights or preservation of historical significance or for any related public recreation purpose.
“Rehabilitation.” The development of any park, recreation, or structural resource where these facilities have deteriorated because they have met or exceeded their useful life or other reasons, where one responsible public agency has made reasonable efforts to address the deterioration or where such rehabilitation will significantly reduce the operation and maintenance costs for these facilities.
“Special population.” Persons who are physically or mentally limited either through age or disability or for whom special provisions must be made.
“Studies.” The collection, analysis and presentation of information, alternatives and recommendations in order that the Commonwealth may provide assistance to municipalities and in order that the Commonwealth or municipalities may singly or jointly determine a course of action to meet the purposes of this act.

Credits

1984, July 2, P.L. 527, No. 106, § 2, imd. effective. Amended 1990, June 30, P.L. 272, No. 66, § 1, imd. effective.

Footnotes

The powers and duties previously vested in the Department of Community Affairs by this statute have been transferred to the Department of Conservation and Natural Resources. See 71 P.S. § 1340.306(c).
The Department of Environmental Resources has been renamed the Department of Environmental Protection. See 71 P.S. § 1340.501.
32 P.S. § 5402, PA ST 32 P.S. § 5402
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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