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    Local Government

    Stormwater Management

    Highway stormwater systems can be installed by PennDOT, a public applicant through a Highway Occupancy Permit (HOP), a local government, or a combination thereof.  Maintenance responsibility of both existing and new systems depends on multiple factors.

     

    These pages provide information regarding the planning, design, construction and maintenance of stormwater management systems in state highway right-of-way.  

    Highway Occupancy Program Stormwater Information

    Regulations and Policies

    1945 State Highway Law is the source of PennDOT’s curb-to-curb maintenance policy

    • 1st and 2nd Class Cities - Section 542 of the State Highway Law of 1945, 36 P.S. §670-542, provides that PennDOT’s maintenance responsibility does not include “the curbing and footways” of any adopted state highway. The City of Philadelphia was found to be responsible for a sidewalk in the city along a state highway in White v. City of Philadelphia 712 A.2d 345 (Pa. Cmwlth. 1998)
    • 2nd A and 3rd Class Cities - Section 522 of the State Highway Law of 1945, 36 P.S. §670-522, provides that PennDOT’s maintenance responsibility is limited to the areas “between curb lines as established at the time of the passage of the act by which the street was designated a state highway” or where the Secretary of Transportation otherwise designates the curb lines. PennDOT’s curb-to-curb maintenance policy was upheld as in conformance with this section in Wallace v. PennDOT, 701 A.2d 307 (Pa. Cmwlth. 1997)
    • Boroughs and Incorporated Towns (Bloomsburg) - Section 513 of the State Highway Law of 1945, 36 P.S. §670-513, gives the Secretary of Transportation the power to determine the width and type of maintenance activities PennDOT will perform. PennDOT’s curb-to-curb maintenance policy was upheld as in conformance with this section in O’Brien v. Borough of Jeannette, 128 Pa. Super. 443, 194 A. 314 (1937).
    • Townships -Section 501 of the State Highway Law of 1945, 36 P.S. §670-501, gives the Secretary of Transportation the power to determine the width, type, and location of any state highway it constructs or improves, and to determine the types of maintenance activities PennDOT will perform. There are no reported cases reviewing PennDOT’s policy in townships, which does allow for maintenance beyond curblines in certain circumstances.

    Regulations

    Manual and Guidelines