Developers Now Required to Obtain Evidence of Water Service Prior to Project Approval
October 19, 2026
Act 58, which was signed by Governor Shapiro on October 8, 2026 and takes effect on Monday, December 7, 2026, amends the Pennsylvania Municipalities Planning Code to require that “evidence” of water service must be presented before final subdivision and land development approval.”
As the sponsoring memo points out, current law already requires every subdivision and land-development ordinance to impose certain water-service requirements. Applicants that are not going to rely on private wells must present evidence of water service from a certificated public utility, bona fide cooperative association or municipal authority that operates a water utility. The amendment requires that the “evidence” be submitted prior to municipal approval. That “evidence” can be
“A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate… .”
While the amendment requires what should have been obvious – that the “evidence” that the new project will have water service should be submitted prior to municipal approval – both the amendment and the existing law leave some ambiguity as to what acceptable evidence might be.
The amendment does not change the acceptable evidence under existing law, which states that acceptable “evidence” includes “a copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate… .”
But a PUC certificate of public convenience or application are not, in and among themselves, enough. Certificates are evidence of the PUC’s approval of an application. The underlying application could include a metes and bounds description. It could include a map showing that a regulated water company is seeking to provide water service in a particular general area. None of that ensures that a specific proposed development in that area is guaranteed water service. A project can be proposed for an area within a water utility’s authorized service area but facilities to serve that particular development could be thousands of feet or miles away. In such circumstances, a developer could apply for service to be extended to its project, but that doesn’t guarantee that service will actually be extended. The water utility would likely require that the developer pay the cost of extending the water facilities to the project, a cost that the developer may or may not wish to pay.
If a municipality wanted to assure prior to approval that a proposed development will have water service it should obtain a written commitment (such as a ready to serve letter) or agreement to serve the area in question by a water utility or municipality/authority. The developer may also want to obtain such a written commitment now that such assurances are a condition precedent to obtaining municipal approval.
Act 58 of 2026 will be codified at 53 P.S. § 10503.1.
This Utilities Blog Post is intended to keep readers current on developments in the law. It is not intended to be legal advice.. If you have any questions, please contact: Dan Clearfield (dclearfield@eckertseamans.com) or Carl Shultz (cshultz@eckertseamans.com).
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