VII. CONSERVATION

A. Erosion and Sedimentation Control

1. PACD urges all municipal and county governments to adopt and enforce ordinances requiring developers to prepare and apply for Erosion and Sedimentation Control Permits and NPDES Permits for construction of Private and Public Developments.

2. PACD urges USDA to give equal recognition to our northeastern states' fragile soils as a valuable resource needing to be saved.

3. PACD encourages the standardization of interpretation of erosion and sediment control planning within all bureaus and regional offices of the PA DEP and other state agencies, especially as they apply to permit requirements, to ensure that all landowners and agencies are treated equally under the Clean Streams Law. (2006)

4. PACD supports the "Erosion and Sediment Pollution Control Program Manual" and other manuals and handbooks for planning and designing erosion and sediment pollution control on earth disturbance sites, and recommends that it be periodically revised and updated to remain current. (2006)

5. PACD supports compliance actions in cases where there is continued violation or refusal to cooperate.

6. PACD urges that erosion and sediment specifications for road and bridge construction conform to the standards and specifications for soil erosion control specified in PA DEP regulations. (2006)

7. PACD encourages cooperation between conservation districts and all Commonwealth departments for erosion control compliance. (2006)

8. PACD urges conservation districts to work cooperatively with loggers and landowners in using the Pennsylvania handbook on erosion and sedimentation pollution control. (2006)

9. PACD encourages the PA Bureau of Forestry to include forestry erosion and sediment pollution control measures on private woodland forest stewardship management plan standards. (2006)

10. PACD acknowledges the impact of legacy sediment on water quality in the Commonwealth. PACD supports adequate funding to address legacy sediment removal and the restoration of streams. (2006)

11. As legacy sediment has been found to be a significant contributor to nutrient and sediment pollution in the Chesapeake Bay and other Pennsylvania watersheds outside of the Chesapeake Bay, PACD recommends that the Environmental Protection Agency (EPA) and the PA DEP update the Chesapeake Bay Model to include and quantify the nutrient and sediment load due to legacy sediment. PACD also recommends that the PA DEP update the Chesapeake Bay Tributary Strategy to account for the nutrient and sediment load due to legacy sediment. (2006)

B. Conservation Planning

1. All natural resource tools and services should be pursued to compile a total natural resources inventory.

2. PACD supports a requirement that all landowners or operators who receive financial assistance from federal or state agencies have and are implementing an approved conservation plan with the local conservation district. (2006)

3. PACD believes every farm should have an implemented conservation plan. Conservation plans should be the vehicles for government conservation help such as technical assistance, credit, and cost-sharing all farming practices.

4. PACD supports the Soil Survey Program and recommends continued federal funding for soil research, digitalization and computerization of soil information. (2006)

5. PACD supports the concept of one integrated resource management plan for farmers. An integrated planning system would help reduce conflicts between local, state, and federal requirements regarding the management of soil and nutrient resources, pest control, woodland, and wetland resources.

C. Roadway Construction and Stabilization

1. PACD encourages the PA Department of Transportation (PA DOT) to establish permanent vegetation on road rights-of-way. Conservation districts should assist in developing maintenance programs that prevent erosion and sediment pollution on these rights-of-way in cooperation with PA DOT.

2. PACD encourages the PA Department of Transportation (PA DOT) to protect soil when working on private property. The types of protection, the methods to be used, and the delegation of responsibility should be written into any agreement between the Department and the landowner when any earthmoving activities are planned off their rights-of-way.

3. PACD encourages a review and renewal of the current LOU between the PA Department of Transportation, the State Conservation Commission, the PA Department of Environmental Protection, and conservation districts concerning E&S projects. (2007)

4. Conservation district officials should annually request a list of proposed road construction projects from local and state government agencies and be alert to identify potential drainage problems through proposed roads and highways. (2006)

5. PACD supports all efforts in the stabilization and beautification of roadsides in Pennsylvania using native species where possible.

6. PACD encourages state and local highway officials to seek designs for new construction that will provide minimum slopes on cuts and fills and thereby promote successful establishment of vegetation. (2006)

7. PACD supports the Dirt and Gravel Roads Program and efforts to minimize the impact of all road systems on natural ecosystems. (2006)

8. PACD encourages a written Letter of Understanding (LOU) be developed between the State Conservation Commission, the PA Department of Environmental Protection, Conservation Districts, and the PA Turnpike Commission concerning E&S projects. (2007)

D. Water Resources

1. PACD recognizes that water resources are critical to the future of Pennsylvania and need to be both quantitatively and qualitatively protected from human abuse. See Appendix D for PACD Water Resources, Conservation, Protection and Planning position paper. (2001)

2. PACD favors participation in water management decisions by conservation districts. We believe that water management decisions should involve local participation by both public and private sectors. Water management should also reflect the varied rainfall patterns and watershed conditions of the State.

3. PACD encourages planners to use the watershed as an important planning unit because of the natural relationships which exist within drainage areas.

4. PACD supports the PL566 Program and encourages adequate funding. (2006)

5. PACD supports the proposed amendments to the Clean Water Act relating to nonpoint source programs.

6. PACD supports the involvement of conservation districts as the lead agency for control of runoff pollution within watersheds.

7. PACD encourages funding support for the conservation district Watershed Specialist as part of the Conservation District Fund Allocation Program (CDFAP). (2006)

8. PACD supports the state control over groundwater management and urges Pennsylvania to enact and administer sound groundwater management policies (including mine pools). (2006)

9. PACD endorses the EPA strategy for groundwater protection which includes the following three elements:

a. Build and enhance programs for groundwater protection;
b. Address contamination from sources such as leaking tanks, surface impoundments, and landfills; and
c. Adopt guidelines for consistency in groundwater protection and cleanup (including mine pools). (2006)

10. PACD supports the efforts of Act 220 of 2002 and the revision and implementation of a State Water Plan. (2006)

11. PACD encourages the development and public distribution of a navigable river list and map with public access points as part of official Commonwealth law. (2006)

12. See Appendix E for PACD position paper on Utilization of Watersheds to Address Nonpoint Source Environmental Problems in Pennsylvania. (1999)

E. Stormwater and Floodplain Management

1. Conservation districts are encouraged to become involved in the development of watershed stormwater management plans as required under Pennsylvania's Stormwater Management Act 167. We encourage their use of the "Storm Water Management Guidelines and Model Ordinances" and their participation on Watershed Plan Advisory Committees, which are required to include at least one representative from the county conservation district. (2006)

2. PACD encourages cities, municipalities, and county government to adopt stormwater management plans and ordinances. (2006)

3. PACD supports conservation district involvement in solving local stormwater management issues. We encourage conservation districts to assist counties in developing Act 167 Stormwater Management Plans on a watershed basis. (2006)
See Appendix F for position paper. (1998)

4. Conservation districts, NRCS, and state conservation agencies are encouraged to cooperate with FEMA and the state floodplain management agencies ( Pennsylvania Emergency Management Agency and Pennsylvania Department of Community and Economic Development) in implementing floodplain management plans and ordinances. (2006)

5. Conservation districts are encouraged to become involved in floodplain management education programs.

6. PACD encourages the use of flood warning systems at the local level.

F. Resource Extraction

1. PACD supports compensation to property owners for damage associated with resource extraction. (2006)

2. Comprehensive planning is necessary to determine the best course of action to remediate degradation from past resource extraction and to prevent degradation from future resource extraction activities. Conservation districts are a vital local voice in mine land reclamation and should be involved in every active reclamation program. See Appendix G for position paper. (1998)

3. PACD believes that conservation districts are a vital local voice in mine land reclamation and should be involved in every delivery system now in operation. Conservation district involvement includes insuring the fulfillment of Chapter 102 requirements, making the public aware of the programs, and conducting local publicity efforts for reclamation projects.

G. Land Use

1. PACD urges Pennsylvania to provide for the maximum participation by local jurisdictions, conservation districts, sub-state planning regions, and other units of multi-governmental organizations when developing or reviewing land use policies.

2. PACD endorses the preservation of Pennsylvania's open space and natural resources. (2006)Whereas the 21st Century Environment Commission Report emphasizes the role of conservation districts, PACD strongly endorses the recommendations of the 21st Century Environment Commission and asks the Governor to implement the recommendations through conservation districts, state agencies, organizations and local governments. (2006)

3. PACD supports federal and state legislation which will discourage imprudent use of land for agricultural cultivation where land is only suitable for permanent cover or long-term grass rotations.

4. PACD favors the preservation of prime and unique agricultural lands. We support efforts to identify "prime and unique" farmlands and to preserve these lands in agricultural use where appropriate.

H. Solid Waste and Biosolids

1. PACD supports the emphasis on recycling of solid wastes, including coal waste, in solid waste management and encourages the development of markets for recycled and resource recovery materials. (2006)

2. PACD supports the principle of county-wide solid waste management plans and encourages conservation districts to counsel county commissioners and other municipal decision-makers in solid waste management.

3. PACD supports the requirement of beverage container deposits as the best method to reduce littering and the amount of waste generated. (2006)

4. PACD supports the efforts of PA Cleanways. (2006)

5. PACD encourages continued research into the land application of sludges/solid waste. (2006)

6. PACD supports the beneficial use of biosolids for application to agricultural land, when the following conditions are met:

a. The farm receiving the biosolids has a soil conservation plan meeting the requirements of the PA Code, Title 25 Chapter 102 Erosion Control, and the plan is fully implemented;
b. The biosolids are of good quality, determined by lab analysis, and meet the state and federal regulations for application to agricultural lands; and
c. The site is suitable, under good management, and meets the permit requirements of the state and federal regulations. (Good management includes frequent testing of the biosolids and the soil to which they are applied, as well as application of the biosolids to meet crop needs as determined by a nutrient management plan.) (2006)

7. PACD supports adequate funding for the conservation districts by PA DEP for the Biosolids Program. (2006)

I. Wetlands

1. PACD supports grassroots education of local officials, property owners, farmers, and developers on wetlands identification techniques and protection requirements. (2006)

2. A tax break or reassessment of land values for a landowner whose property contains wetlands is needed.

3. PACD supports the adoption by PA DEP and the Army Corps of Engineers of a state general permit system for specific agricultural practices in wetlands. A general permit would enable farmers to implement conservation practices in wetlands where agricultural production is already established. (2006)

J. Forestry

1. Conservation districts are encouraged to develop opportunities for additional cooperation with forest industries and for the further development of programs aiding in production and profitable marketing of forest products.

2. Conservation districts should encourage wood product industries to locate in the Commonwealth rather than process Pennsylvania timber outside of the state.

3. PACD recommends that conservation districts having substantial forested areas appraise periodically the extent and quality of services and facilities available to advance forestry work. If necessary, conservation districts should seek additional assistance from public and private sources in order to help landowners and operators meet wise land use and forest production goals.

4. PACD urges conservation districts, NRCS, Cooperative Extension Service, and state and federal forestry agencies to give emphasis to technical assistance to private timber owners.

5. Conservation districts are encouraged to work with regional hardwood utilization groups under the PA Hardwood Council.

6. PACD supports the American Tree Farm System and the Forest Stewardship Program and encourages conservation districts to participate in their forest management programs. (2006)

7. PACD encourages communities to take advantage of the Municipal Tree Restoration Program.

8. Conservation districts are encouraged to participate in the Stream ReLeaf Program. (1999)

9. PACD supports sustainable forest management. (2006)

10. PACD supports federal funding for state and private cooperative forestry programs.

11. PACD supports the Forest Legacy Program. (2002)

12. PACD endorses the creation of woodland owners associations.

13. PACD urges the state and federal governments to adopt a comprehensive integrated forest protection management program that includes the various insect, disease, wildfire, and environmental impacts to a healthy and productive forest. (2006)

14. PACD supports the protection of the forest understory which includes tree seedlings and rare and endangered species. (2006)

15. PACD encourages woodlot owners to consider the market value of other understory species, such as mushrooms, ginseng, and goldenseal, to name a few. (2006)

16. PACD endorses the Pennsylvania Sustainable Forestry Initiative (PA SFI) and its self regulatory objectives of increasing professionalism and stewardship that will foster the sustainability of Pennsylvania forests. PACD encourages conservation districts to support the objectives of PA SFI. (1997)

17. PACD supports the concept of forester licensing/registration as promoted by the PA Council of Professional Foresters. (2007)

K. Recreation

1. PACD opposes efforts to curtail or abolish sport hunting, fishing, and trapping. (2000)

2. PACD opposes Sunday hunting. (1999)

3. PACD supports the concept of "Teaming With Wildlife." (1999)

4. PACD supports responsible programs for the expansion of outdoor recreational facilities on public and private lands. (2006)

5. PACD opposes the anti-environmental advertising used by the all terrain vehicle and off highway vehicle industry to sell their vehicles. (2001)

6. PACD endorses actions designed to halt unwarranted and unlawful entry on private property.

7. Conservation districts are encouraged to foster and support cooperative arrangements and educational programs which will promote understanding between resource users and landowners.

8. The work of both the PA Fish and Boat Commission and the PA Game Commission is important to Pennsylvania's conservation districts and the resources we protect. As such, any proposed measure to merge the two agencies should be intensely studied. PACD feels that whatever the outcome:

a. The present number of field staff are vital to the protection of these resources and should be sustained or increased to insure an adequate level of protection.
b. Licenses, fees, and natural and mineral resource extraction income should be earmarked for wildlife, fishery, and habitat protection and management and should be non-lapsing for that use.
c. Protection of our natural resources should always be the priority of the agencies, whether together or separate.
d. This agency or its jointure remain an independent commission. (2003)

9. PACD opposes the inclusion of the PA Fish and Boat Commission and PA Game Commission and their personnel into PA DCNR. (2006)

10. PACD supports the PA Fish and Boat Commission's increase in license fees and that the minimum age for a Junior License be set at 12 and that the Legislature combine the Fish and Boat funds together under the Fish and Boat Commission. (2004)

11. PACD requests that the PA Game Commission's Deer Management Assistance Program be changed so that any landowner in Pennsylvania with a deer management plan be eligible for one antlerless deer coupon for every five acres of land. (2004)

L. USDA

1. PACD urges that the USDA allocation formula be changed to bring about a more equitable distribution of financial and technical assistance to conservation districts. PACD recommends that USDA:

a. Recognize water quality, quantity, and management as concerns of vital importance to the nation.
b. Consider the effects that high animal densities have on a district's need for technical assistance to deal with animal waste management and nutrient management.
c. Recognize the problems and needs of urban and developing areas.

2. PACD encourages OMB and USDA to establish adequate NRCS base program funding levels which recognize non-federal contributions and give conservation districts an incentive to increase the nonfederal share of program costs.

3. PACD requests that the USDA Secretary fully involve and consult with state associations of conservation districts, state farmer committees, state conservation agencies, and farm organizations prior to announcing or implementing any USDA field structure or major personnel changes.

4. PACD supports a basic level of funding and personnel which provides at least one full-time NRCS employee servicing every conservation district.

5. PACD supports continued funding for the NRCS at levels to maintain a viable conservation program.

6. PACD, conservation districts, and concerned citizens should provide a continuous flow of information to the federal administration and Congress requesting their support for adequately funding national conservation programs and agencies.

7. PACD supports increased funding for NRCS in the northeastern states, but particularly in Pennsylvania, so that greatly needed technical assistance can be provided, as required by federal regulation.

8. PACD urges USDA to request additional funding above base levels to provide the needed technical assistance and program support required to carry out special program activities of partner agencies outside USDA. We encourage supplemental appropriations to USDA to support conservation districts, particularly in areas involving responsibilities delegated to conservation districts by PA DEP.

9. PACD supports a base level of funding and personnel for the RC&D programs in Pennsylvania that includes a Coordinator plus a staff person in each designated area. (2006)

10. PACD believes that USDA should allow cost sharing on those practices that are identified locally as being needed for soil maintenance of water quality protection and which will benefit the public. (2006)

M. Pennsylvania Department of Environmental Protection

1. PACD believes that the capabilities of the Bureau of Watershed Management should be strengthened in order to provide technical support to conservation districts, particularly in areas involving responsibilities delegated to conservation districts by PA DEP. (2006)

2. PACD encourages the Bureau of Watershed Management to place high priority on training programs, including technical training, for conservation districts in the erosion and sedimentation program and professional development of directors and staff. (2006)

3. PACD will actively pursue efforts to urge PA DEP to commit additional staff resources, dedicated to compliance activities, specifically for the support of Chapter 102 State Erosion Control and Chapter 105 Dams Safety and Encroachment Programs, to more adequately support conservation district delegation program activities. (2006)

N. Funding Conservation Programs

1. PACD supports adequate state funding for programs delegated to conservation districts. (2006)

2. PACD encourages communication with state officials to obtain adequate funding for programs delegated to conservation districts. (2006)

3. PACD urges the development of programs including financial assistance to land users which would encourage voluntary controls as the first line of defense in erosion control and nutrient management.

4. PACD supports the use of Clean Water Fund monies to support the activities of conservation districts, who contribute to this Fund through the erosion and sediment pollution control program.

5. PACD supports an increase in General Fund appropriations for conservation districts, particularly as the needs grow for technical personnel at the conservation district level.

6. PACD will investigate alternative funding sources for conservation district programs.

7. Regarding tree seedling sales, PACD urges conservation districts to exercise caution in the types of materials sold so as not to create unfair and unreasonable competition with the private sector.

8. PACD supports the use of a percentage of tipping fees to support conservation district activities. (2006)

9. PACD will base the amount requested in its annual state budget request for administrative assistance on the actual, documented costs reported during the previous fiscal year. (2006)

10. The Pennsylvania Association of Conservation Districts (PACD) endorses a PA Resource Enhancement and Protection (REAP) Tax Credit Program which provides state tax credits to offset some or most of the costs of environmental improvements on barnyards, pastures and riparian corridors, development of nutrient management plans, remediation of legacy sediments, and other best management practices. Landowners and businesses may receive tax credits or the tax credits may be sold to other entities having significant tax liability. In the event that conservation districts agree to be the technical advisor in these projects, adequate compensation must be provided for conservation district services through contracts, fees, or other means of reimbursement. (2006)

11. PACD opposes any mandatory match requirement for Growing Greener Grants. We believe that many organizations, including local conservation districts, will not be able to achieve a cash or in kind match, prohibiting them from successfully obtaining a Growing Greener grant regardless of the proposed project's merits.

O. Alternative Energy

1. PACD supports alternative energy initiatives. (2006)

2. PACD supports the use of biomass as an alternative energy source. (2006)

P. Other

1. PACD supports streamside riparian set aside and best management practices aimed at providing cleaner water and wildlife habitat. (2006)

2. PACD supports active participation of conservation districts in the Nutrient Management Program if adequately funded. (2006)

3. Conservation districts that do not have a strategic plan are urged to concentrate their efforts in the following fields:

a. The prevention and control of non-point source pollution;
b. Comprehensive resource management on a watershed basis;
c. Reclamation of areas disturbed by mining;
d. Assistance in the management of the state's privately owned forest lands, and to cooperate with state and federal forest agencies to develop and carry out beneficial forest policies;
e. Assistance to school districts with the incorporation of conservation and environmental education in school curricula;
f. The preservation and enhancement of prime, unique, important farmland and any actively farmed land, wetlands, and forest lands; and
g. Land use planning. (2006)

4. PACD supports the Pennsylvania Environmental Agricultural Conservation Certification of Excellence (PEACCE) Program. (2006)

5. Conservation districts are encouraged to participate in the annual observance of Earth Day and Soil and Water Stewardship Week, beginning each year with the fifth Sunday after Easter and continuing through the following Sunday. (2006)

6. PACD recommends that conservation districts emphasize the protection and enhancement of areas around ponds for wildlife and protect such areas from grazing and burning.

7. PACD supports the free flow of our Commonwealth's rivers and the removal of low head dams. (2006)

8. PACD supports the reduction of sulfur dioxide, nitrogen oxide, ozone, mercury, and other forms of air pollution. (2006)

9. PACD supports the PA Department of Agriculture Pesticide Control Program that provides for strict regulation of applicators and pesticide use and heavy emphasis on users' training and education.

10. PACD encourages the use of Integrated Pest Management.

11. PACD recognizes that the waters of the Commonwealth are owned by all citizens of Pennsylvania and that the sand and gravel resources that lie beneath the water shall be regulated by PA DEP. (2006)

12. PACD supports Project Grass and encourages the use of intensive grazing systems as a sustainable agricultural practice. We encourage the conservation partnership to expand the program statewide as an innovative BMP. (2006)

13. PACD supports the Growing Greener initiatives. (2006)

14. PACD supports the "Ohio River Basin Conservation and Natural Resources Development Program" NACD policy statement. We request that "Abandoned Mineland" be added to the explanation of need. (2003)

15. PACD endorses the Hazleton Soil Series as the official state soil. (2004)

16. PACD supports organic and hydroponic farming. (2006)

17. PACD supports aquaculture. (2006)

18. PACD discourages the sale of exotic and invasive species, especially during conservation district tree sales. (2006)

19. PACD supports portions of the Preserving the Pennsylvania Farmer package that have a positive impact on programs relating to conservation districts. Specifically, we support a program that would take new revenue generated from the dedicated funding proposed from the realty transfer tax and direct that those funds be returned to the counties in which they originated to be used for farmland preservation and open space preservation. We believe that funds should be available for the administration of farmland protection programs, including conservation planning and inspections. We also support legislation that would permit private non-profit entities to join the Commonwealth in preserving agricultural lands, meaning new funding could be made available and a combination of public/private monies can be leveraged to preserve more farmland. Finally, we encourage the creation of a Board or Council whose mission is to review and evaluate advancing technologies for alternate manure uses. (2006)

20. The PACD supports the legislative package entitled "The Second Phase of the Farmers First Agenda," specifically: the passage of legislation providing adequate funding to implement alternatives that would provide water releases during low-flow periods without having to impose consumptive use fees on farmers; the creation of "The Centers for Agriculture Excellence and Education" to serve as a central clearing house of programs and information for current and new farmers; legislation to ensure the continuation of vocational agriculture and FFA programs operated by school districts and area vocational-technical schools; the creation of a Healthy Farms and Healthy Schools Program to promote both good health and farm profitability by encouraging nutritional and agricultural education in schools. (2006)

21. PACD supports the Manure Hauler and Broker Certification process. While we support the testing procedures, we are concerned about the costs involved in administering the program. Conservation districts need to be adequately compensated for their responsibilities in this endeavor. (2006)

22. PACD supports the general concept of nutrient and sediment trading to achieve environmental benefits. Conservation districts are interested in assisting PA DEP and other interested parties to determine the criteria and regulations governing the trading program with the understanding that conservation districts will be compensated for their time and efforts throughout the process. Because of the complexity of this new idea to improve the environment, we suggest that PA DEP consider conducting a pilot program with PACD's assistance to demonstrate the positive benefits of nutrient and sediment trading. A pilot approach will help to identify strengths and weaknesses of the program and address specific issues that may arise as the pilot is conducted. In addition, a pilot project will help to identify the role that conservation districts can play in the nutrient and sediment trading process. (2006)