Pennsylvania § 508 - Interagency cooperation.

§ 508. Interagency cooperation.

(a) Responsibilities of Commonwealth agencies.--Commonwealth agencies shall:

(1) Consult the commission before demolishing, altering or transferring any property under their ownership or control that is or may be of historical, architectural or archaeological significance.

(2) Seek the advice of the commission on possible alternatives to the demolition, alteration or transfer of property under their ownership or control that is on or may be eligible for the Pennsylvania Register of Historic Places.

(3) Initiate measures and procedures to provide for the maintenance by means of preservation, rehabilitation or restoration of historic resources under their ownership or control that are listed on or are eligible for the Pennsylvania Register of Historic Places.

(4) Institute procedures and policies to assure that their plans, programs, codes, regulations and activities contribute to the preservation and enhancement of all historic resources in this Commonwealth. However, nothing in this title shall be construed as conferring on the commission the authority to delay, deny, condition or limit or cause to be delayed, denied, conditioned or limited any permits which would otherwise be issued by a Commonwealth agency beyond those time frames specified in section 507 (relating to cooperation by public officials with the commission), unless the applicant agrees in writing to such condition, limit or time extension. An applicant is prohibited from utilizing a permit or license in any manner that would impair or interfere with the performance of an archaeological survey or field investigation until the expiration of the time frames in section 507 or until receiving written notification from the commission that its archaeological survey or investigation is completed, whichever is sooner. Commonwealth agencies likewise are, in the absence of specific statutory language in their enabling or regulatory statutes, prohibited from stopping the processing or denying a permit solely because of the possible or actual presence of archaeological resources.

(5) Submit the procedures and policies described in paragraphs (3) and (4) to the commission for review and comment.

(b) Limitation.--Nothing under this act shall confer power upon a political subdivision or municipal authority to delay, deny, condition or limit or cause to be delayed, denied, conditioned or limited any permit or approval because of failure to comply with this act.

(Nov. 28, 1995, P.L.647, No.70, eff. 60 days)