DocketNumber: Appeal, No. 1900 C.D. 1985
Citation Numbers: 95 Pa. Commw. 457, 505 A.2d 1091
Judges: Craig, Kalish, Palladino
Filed Date: 3/6/1986
Status: Precedential
Modified Date: 6/24/2022
Opinion by
This is an appeal by Sandy Creek Forest, Inc. (Petitioner) from an order of the Environmental Hearing Board (Board) which, upon the motion of Department of Environmental Resources (DER), dismissed Petitioner’s appeal to the Board from a letter written by DER, on the ground that the letter does not constitute a final action and is, therefore, not appeal-able. We affirm.
Petitioner owns an undeveloped tract of land in Covington Township, Clearfield County, Pennsylvania, which has been subdivided into lots, some of which
Petitioner appealed from this letter to the Board. The Board granted DEE’s motion to quash the appeal because it determined that the letter was not a final action and, therefore, was not appealable.
Petitioner appeals the Board’s order asserting that DEE’s letter is a final action pursuant to 2 Pa. C. S. §101, and is appealable because it affects Petitioner’s property rights in that the lots may not be developed without sewage permits, and the permits may not be obtained without a determination by DEE that on-site sewage disposal is permissible. Petitioner argues that the burden of revising an official sewage plan to accommodate a subdivision is upon the municipality.
DEE has merely informed Petitioner what information is required for it to make that determination. A letter from an agency stating what the law requires is not a final action or adjudication and is not appeal-able. See Kerr v. Department of State, 35 Pa. Commonwealth Ct. 330, 385 A.2d 1038 (1978).
Accordingly, the order of the Board is affirmed. .
Order
And Now, March 6, 1986, the order of the Environmental Hearing Board, No. 84-111-M, dated June 4, 1985, is affirmed.
25 Pa. Code §71.15.
See 25 Pa. Code §71.15 (b).
25 Pa. Code §71.15 (d).
25 Pa. Code §71.17.
DEB states in its brief before this Court that municipalities usually do require tbe interested party to provide the necessary information when preparing a revision or supplement tó be- submitted to DEB. ■ '