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Preemption of local ordinances - 3 Pa. Cons. Stat. § 519

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     § 519.  Preemption of local ordinances.
        (a)  General.--This chapter and its provisions are of
     Statewide concern and occupy the whole field of regulation
     regarding nutrient management and odor management, to the
     exclusion of all local regulations.
        (b)  Nutrient management.--No ordinance or regulation of any
     political subdivision or home rule municipality may prohibit or
     in any way regulate practices related to the storage, handling
     or land application of animal manure or nutrients or to the
     construction, location or operation of facilities used for
     storage of animal manure or nutrients or practices otherwise
     regulated by this chapter if the municipal ordinance or
     regulation is in conflict with this chapter and the regulations
     or guidelines promulgated under it.
        (c)  Odor management.--No ordinance or regulation of a
     political subdivision or home rule municipality may regulate the
     management of odors generated from animal housing or manure
     management facilities regulated by this chapter if the municipal
     ordinance or regulation is in conflict with this chapter and the
     regulations or guidelines promulgated under it.
        (d)  Stricter requirements.--Nothing in this chapter shall
     prevent a political subdivision or home rule municipality from
     adopting and enforcing ordinances or regulations which are
     consistent with and no more stringent than the requirements of
     this chapter and the regulations or guidelines promulgated under
     this chapter. No penalty shall be assessed under any such local
     ordinance or regulation under this subsection for any violation
     for which a penalty has been assessed under this chapter.

        2005 Amendment.  Section 5(2) of Act 38 provided that
     subsection (c) shall take effect on the earlier of the effective
     date of regulations promulgated under section 504(1.1) or the
     publication in the Pennsylvania Bulletin of interim guidelines
     under section 504(2).

Last modified: November 27, 2007