Legal Framework for Regulation of Developments of Regional Impact in Pennsylvania by Blaine Lucas

Blaine Lucas is the solicitor for several local governments and shareholder in the Public Sector Services and Business Services Groups of Babst, Calland, Clements and Zomnir, P.C. Blaine spoke about DRSIs, or Developments of Regional Significance and Impact as they are referred to under Pennsylvania Law, and what 'triggers' can be used to implement the DRSI process. According to Blaine, there are three ways to implement DRSIs in PA: a joint zoning ordinance, a joint municipal planning implementation agreement and consistent ordinance process, and finally, a loose, 'volunteer' approach of 'plugging it [DRSI language] in when you can' into existing ordinances. The latter choice, Lucas noted, is voluntary, meaning it can always be changed. He mentioned some DRSI triggers, such as location near municipal boundary, use of publicly-owned sewage treatment facility, public or private school, public facilities, expansion of growth area or utility service area, etc. Many will engage in the Act 67 and 68 multi-municipal planning laws, but many do not implement their plans. Blaine recommended using a loose form of implementing DRSIs, because if a plan is too binding, implementation will not be as likely. He reminded participants that there is a maximum of one review process for plans and that host communities have the final word. A loose, less-restrictive process is better than no plan at all.

Click to view the 2008 Road to Excellence Conference Handout Booklet