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Harborcreek adopts ordinance banning burning of recyclables and leaf/brush fires after DEP warning
Summary
The board adopted amendment 2024-241-1 to prohibit burning recyclable materials and to expressly ban burning leaves and brush after the Pennsylvania DEP warned it could withhold funding or seek recovery of previously funded equipment; supervisors and public commenters expressed concern about enforcement and called the change an unfunded mandate.
Harborcreek Township supervisors voted March 18 to adopt an amendment to Ordinance 2024-241 that explicitly bans burning recyclable materials and, in particular, prohibits the burning of leaves and brush after a Department of Environmental Protection review urged alignment with state law.
A supervisor said the DEP signaled the township must change its local ordinance or risk having state funding withheld or reclaimed for projects and equipment that DEP helped fund. "At this point, we're left, um, with a gun to our head and no choice but to expressly prohibit the burning of leaves and brush," the supervisor said during the board discussion.
Why it matters: The board and staff said the explicit ban is required by the township's status in a "clean air basin" and by DEP oversight of York County air-quality rules; compliance with DEP was presented as necessary to preserve future state funds. Supervisors described the change as another "unfunded mandate" and raised practical questions about enforcement across mixed suburban and farming areas.
Public comment favored adopting the ordinance despite enforcement limits. Vicki Roberts (Larry Road) said that even if enforcement is difficult, having the rule on the books sets a community standard and encourages voluntary compliance.
Board members stressed they do not plan to police small recreational campfires, which they said are generally treated differently; enforcement is expected to rely on complaints and reasonableness rather than daily patrols. The amendment was placed in the public record as amendment 2024-241-1, the public hearing was closed, and a motion to adopt was passed; several supervisors recorded affirmative votes verbally, though the transcript does not include a complete roll-call tally.
Next steps: The ordinance amendment takes effect as adopted; township staff and supervisors said they will pursue reasonable enforcement and aim to communicate the new standard to residents. Officials also signaled they will continue to seek state funds while complying with DEP requirements.
