On October 8, 2026, Pennsylvania Governor Josh Shapiro signed Act 58 of 2026 into law. Act 58 amends the Municipalities Planning Code Section 503.1 by requiring developers to obtain evidence of water service prior to final subdivision and land development approval.
Section 503.1 of the Pennsylvania Municipalities Planning Code (“MPC”) addresses how developers and applicants must demonstrate the availability of water service for their projects. Where a project will not rely on individual private wells, the statute requires applicants to provide evidence that water service will be supplied by a public utility, municipal authority, cooperative association, or other authorized provider.
This evidence can take several forms, including a Certificate of Public Convenience issued by the Pennsylvania Public Utility Commission, an application for such a certificate, a cooperative agreement, or a commitment to provide service from the utility or authority serving the area.
However, there has been a procedural timing gap of when this evidence must be presented.
The Changes to the MPC
Section 503.1 has historically been clear as to the type of evidence that may be submitted to demonstrate the availability of water service to a governing body or planning agency. However, prior to Act 58 of 2026, it was less clear when such evidence was required to be submitted during the subdivision and land development approval process.
Act 58 addresses this timing issue by providing that the required evidence must be submitted prior to final subdivision or land development approval. Importantly, Act 58 does not alter the types of evidence that may be used to demonstrate water service availability; rather, it establishes a uniform procedural deadline for submitting that evidence.
Why Does This Act Matter?
In practice, many municipalities already require evidence of water service as part of their local Subdivision and Land Development Ordinances (“SALDO”) prior to final land development approval.
However, Act 58 codifies a uniform statewide standard by expressly requiring that such evidence be submitted before final subdivision or land development approval. By establishing a clear procedural endpoint, the Act promotes consistency among municipalities and helps ensure that any issues relating to water service are identified and addressed before a project receives final approval.
Act 58 also provides greater certainty for municipalities, developers, and utility providers by clarifying when proof of water availability must be obtained during the land development process. Addressing water service issues prior to final approval can help avoid delays, redesigns, or legal disputes that might otherwise arise after significant time and resources have already been invested in a project. As a result, Act 58 reinforces the importance of coordinating land use planning and infrastructure capacity at an earlier stage of development review.
What Does This Mean For Your Municipality?
For municipalities, if it was not already the case, Act 58 provides clear statutory authority to require evidence of water supply as a condition precedent to final subdivision and land development approval. Municipal officials should review their SALDOs to ensure that they are consistent with the amended language of Section 503.1 before the Act’s effective date. By codifying this requirement in the MPC, Act 58 provides a clearer legal basis for municipalities to request and evaluate water service information before granting final approval.
For developers, Act 58 serves as a crucial reminder that coordinating water service with water providers should occur early in the subdivision and land development process to ensure success for a project. Developers should be aware that Act 58 establishes the point in the approval process by which evidence of water service must be provided.
However, developers should continue to carefully review applicable local SALDO requirements, as municipalities may require the submission of water service-related information at earlier stages of the subdivision and land development review process. Early coordination with water providers and a thorough understanding of local requirements can help avoid delays and facilitate a smoother approval process.
Effective Date
Act 58 will take effect on December 7, 2026.
