Enabling statute

Pennsylvania

Pennsylvania Municipalities Planning Code (MPC), Act 247 of 1968 — Article VI (Zoning)

Verified against the sourceAll states →

Summary

Pennsylvania delegates zoning authority to local governments through the Pennsylvania Municipalities Planning Code (MPC), Act 247 of 1968 (53 P.S. §§ 10101 et seq.). Under MPC § 601 (53 P.S. § 10601), the governing body of each municipality—cities of the second class A and third class, boroughs, incorporated towns, and first- and second-class townships—may enact, amend, and repeal zoning ordinances to implement comprehensive plans; § 603 spells out the core grant of regulated subjects (uses, building size/height/bulk, lot dimensions, density, and resource protection). Counties have only a residual/backstop role under § 602: county zoning applies solely to municipalities within the county that have no zoning ordinance of their own, and a municipality's later adoption of zoning repeals the county ordinance pro tanto within its borders. Philadelphia and Pittsburgh (first- and second-class cities) are excluded from the MPC and zone under separate home-rule/charter authority, so the practical model is primarily municipal with a limited county fallback.

The delegation

ENACTING CLAUSE (preamble): "An Act To empower cities of the second class A, and third class, boroughs, incorporated towns, townships of the first and second classes including those within a county of the second class and counties of the second class through eighth classes, individually or jointly, to plan their development and to govern the same by zoning, subdivision and land development ordinances, planned residential development and other ordinances, by official maps, by the reservation of certain land for future public purpose and by the acquisition of such land..." Section 601. General Powers. The governing body of each municipality, in accordance with the conditions and procedures set forth in this act, may enact, amend and repeal zoning ordinances to implement comprehensive plans and to accomplish any of the purposes of this act. Section 602. County Powers. The powers of the governing bodies of counties to enact, amend and repeal zoning ordinances shall be limited to land in those municipalities, wholly or partly within the county, which have no zoning ordinance in effect at the time a zoning ordinance is introduced before the governing body of the county and until the municipality's zoning ordinance is in effect. The enactment of a zoning ordinance by any municipality, other than the county, whose land is subject to county zoning shall act as a repeal protanto of the county zoning ordinance within the municipality adopting such ordinance. Section 603. Ordinance Provisions. (a) Zoning ordinances should reflect the policy goals of the statement of community development objectives required in section 606, and give consideration to the character of the municipality, the needs of the citizens and the suitabilities and special nature of particular parts of the municipality. (b) Zoning ordinances ... may permit, prohibit, regulate, restrict and determine: (1) Uses of land, watercourses and other bodies of water. (2) Size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures. (3) Areas and dimensions of land and bodies of water to be occupied by uses and structures, as well as areas, courts, yards, and other open spaces and distances to be left unoccupied by uses and structures. (4) Density of population and intensity of use. (5) Protection and preservation of natural and historic resources and prime agricultural land and activities.

Verification

Read the verification audit

Verified against the official Pennsylvania statute text (palegis.us, Act 247 of 1968, Chapter/Article VI and Chapter I definitions). (a) Citation is real and current. Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, codified at 53 P.S. § 10101 et seq. Article VI (Zoning) = §§ 601-606, cited as 53 P.S. §§ 10601-10606. Still in force (reenacted/amended many times, most comprehensively by Act 209 of 1990; subsequent amendments through 2000s). The zoning grant of power is correctly located at MPC § 601 / 53 P.S. § 10601. (b) Genuinely the state zoning enabling authority. The MPC is Pennsylvania's primary land-use enabling statute delegating zoning power to local governments; Article VI is the zoning article. Confirmed: - § 601 (heading is "General Powers," not literally "Grant of Power" as labeled in the claim — immaterial nuance) authorizes the governing body of each municipality to enact, amend, and repeal zoning ordinances to implement comprehensive plans. - § 602 ("County Powers") limits county zoning to municipalities within the county that have no zoning ordinance in effect, and a municipality's later adoption of zoning operates as a repeal pro tanto of the county ordinance within its borders. Matches the claim's "residual/backstop" description exactly. - § 603 ("Ordinance Provisions") sets out the regulated subjects (uses of land/structures, size/height/bulk/location, density, natural-resource protection, etc.). - § 604 ("Zoning Purposes") lists the purposes (health/safety/welfare, variety of residential and nonresidential uses, etc.). - § 107 definition of "Municipality" includes any city of the second class A or third class, borough, incorporated town, township of the first or second class, county of the second through eighth class, and home rule municipalities — and EXCLUDES cities of the first class (Philadelphia) and second class (Pittsburgh). Confirms the claim that Philadelphia and Pittsburgh are outside the MPC and zone under separate home-rule/charter authority. (c) authority_model = county_and_municipal (county role limited/residual) is accurate. Counties ARE "municipalities" under the MPC and may enact zoning, but § 602 confines county zoning to a gap-filling role for municipalities lacking their own ordinances, with municipal adoption superseding county zoning pro tanto. So the practical model is primarily municipal with a limited county fallback — exactly as claimed. Minor, non-material caveats (no correction needed): (1) The claim labels § 601 "Grant of Power"; the statutory heading is "General Powers." (2) The claim cites the relevant range as §§ 601-604, but Article VI actually runs 601-606 (606 = Statement of Community Development Objectives); the core grant cited at § 601 is correct. (3) The claim attributes the grant of regulated subjects to "§ 603" — confirmed correct (§ 603 Ordinance Provisions). None of these undermines the citation, the identification of the enabling authority, or the authority model.