Lycoming County Court Upholds Authority Stormwater Management Fee
Earlier this week, a Lycoming County judge ruled that a stormwater management fee imposed by a municipal authority was permissible under the Municipal Authorities Act. Several property owners in the City of Williamsport and Loyalsock Township argued that the Pennsylvania Supreme Court’s recent decision in Borough of West Chester v. Pennsylvania State System of Higher Education required that the court find the fee — $10/month for every 2,711 square feet of impervious coverage — is an impermissible tax, not a service fee. The court sided with the authority, ruling that the question is governed by the Municipal Authorities Act, which permits reasonable and uniform rates based, in whole or in part, on property characteristics. While it is unclear whether the property owners will appeal, the trial court’s decision is consistent with the position taken by many townships of the second class and municipal authorities in the aftermath of Borough of West Chester that they remain authorized to impose stormwater management fees because of the express authorization in their respective governing codes.


