16 Pa.C.S. Ch. 167

16 Pa.C.S. Ch. 167
in effect

16 Pa.C.S. § 16700 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Bridge." The term includes bridges, viaducts and culverts and all items pertaining to bridges, viaducts and culverts. "Road." The term includes roads, streets, highways, lanes, alleys and all other public thoroughfares. "Streams." The term includes streams, rivers, creeks, ponds, lakes and all other natural waters. Cross References. Section 16700 is referred to in section 16901 of this title.

16 Pa.C.S. § 16701 Authority, definitions and application of chapter.

(a) Bridges and viaducts.--The county commissioners may locate, lay out, open, construct, reconstruct, widen, straighten, extend, alter, replace, remove and otherwise provide for bridges and viaducts over streams and other topographical impediments to public traffic, as parts or adjuncts of the roads within the county for vehicles and pedestrians or for pedestrians only, and culverts within the county or partly within and partly without the county, in accordance with this chapter. (b) Application.--This chapter shall apply to necessary approaches, abutments, slopes, walls, embankments, fills, piers and other items pertaining to bridges, viaducts and culverts as to the bridges, viaducts and culverts themselves. (c) Limitation.--The provisions of this chapter may not apply to any matters relating to county bridges, viaducts or culverts to the extent they are covered by the act of June 1, 1945 (P.L.1242, No.428), known as the State Highway Law, or of any other law vesting in the Department of Transportation and the various counties of the Commonwealth, rights, powers and duties. The terms of the foregoing limitation shall apply as well for the former act of May 28, 1937 (P.L.1053, No.286), known as the Public Utility Law, and the Public Utility Commission. (d) Entrance during exercise of authority.--Counties of the third, fourth, fifth, sixth, seventh and eighth class may not, in the exercise of any authority or duty conferred in this chapter, enter upon any road or property of any city or borough of or adjacent to the county or act in derogation of the lawful authority of such political subdivision, except with the proper consent of such political subdivision. (e) Obstruction prohibited.--Bridges provided under this chapter may not obstruct any canal or railroad, and nothing in this chapter shall be deemed to release any railroad or other public utility from the requirements of existing law.

16 Pa.C.S. § 16702 Maintenance and repairs.

Every county bridge under this chapter shall be maintained and kept in repair by the county or counties involved except as may be otherwise provided by agreements between or among the county or counties and other political subdivisions or other persons as to the costs of the maintenance and repairs.

16 Pa.C.S. § 16703 Acquisition of real property.

The county commissioners may purchase, in accordance with this part, accept by gift or acquire by the power of eminent domain real property devoted to private or public use in the manner provided by law.

16 Pa.C.S. § 16704 Plans and surveys for bridges and viaducts.

If the county commissioners provide a bridge or viaduct under this chapter, the county commissioners shall prepare plans and surveys showing the location of the proposed structure, the structures approaches and the property or rights of property affected by the structure, together with any roads in any municipal corporation proposed to be used in connection to the project.

16 Pa.C.S. § 16707 Approval of Federal or State agencies and change in location.

If a proposed bridge crosses a navigable stream or other public water or the property or right-of-way of any railroad or other public utility requiring the approval of any Federal or State officer, board or body as to the location and construction of the bridge or its approaches, the county shall have authority to construct the bridge in another location and manner as may be necessary to comply with the conditions prescribed by the officer, board or body in granting approval, if the county commissioners deem the proposed bridge necessary for the convenience of the traveling public and accommodates substantially the same traveling public as the bridge would have done if it had been constructed at the location and in the manner originally provided.

16 Pa.C.S. § 16711 Cost sharing.

If a bridge is proposed to be located in a municipality, the county may enter into an agreement with the municipality if the municipality bears a portion of the cost of the location, laying out, opening, construction and maintenance of the bridge or that the municipality provides or maintains the approach to the bridge within the municipality or bears the costs of property damages of the approach. Each agreement shall be entered into in writing and at least one executed copy of the agreement shall be provided to each party. Each bridge shall be a county bridge and, except as otherwise provided, be maintained by the county. Maintenance expenses shall be provided out of county funds authorized for use in the maintenance of county bridges.

16 Pa.C.S. § 16712 Boundary line bridges.

(a) Boundary line bridge.--If a bridge under this chapter is on the boundary line between two counties or within one-fourth of a mile from a boundary line and necessary for the accommodation of the inhabitants of both counties, the county commissioners of the counties shall act jointly in the exercise of all powers conferred upon the county commissioners and in the performance of all duties imposed upon the county commissioners. Except in a county of the second class A, if a petition of residents or taxpayers is required, the petition shall be made by the required number of petitioners in each county in relation to a boundary bridge under this section to the county commissioners of their county. If any other petitions are required, the petitions shall be made to the county commissioners in each of the counties. Each of the county commissioners shall act on petitions and shall communicate approval or disapproval to the other board. (b) Court-appointed viewers or inspectors.--For a county of the second class A that is required to appoint viewers or inspectors, the court of the county shall appoint a full number of viewers or inspectors and order a view in the manner and with like powers, duties and procedure provided for public roads. The total number of viewers or inspectors shall act together in the view or inspection and shall make a joint report and recommendations to each court. Exceptions and appeals to the report of viewers may be filed in the courts of either county, in which case the courts of the two counties sitting together shall hear and determine the matter. (c) Publication of notice.--If publication of notice is required, the publication shall be made in each county. The approval of both boards of commissioners shall be necessary in order to authorize any action requiring approval. (d) Commencement of eminent domain.--If the procedure under Chapter 163 (relating to eminent domain and injury to property) is to be followed, the procedure shall be carried out only in and by the county in which the lands, other property or materials entered upon, taken or damaged are located and the damages shall be paid by the county. (e) Joint county bridge.--Any bridge shall be a joint county bridge. All costs and expenses pertaining to a joint county bridge and the maintenance thereof shall be borne by the two counties, jointly, in proportions agreed on by the county commissioners. (f) Construction and maintenance.--Any authorized bridge shall be erected, constructed, maintained and kept in repair in the manner provided for bridges erected on the line of adjoining counties. (g) Definition.--For the purposes of this section, the term "joint county bridge" shall include a bridge over the boundary line between two counties constructed or proposed to be constructed as part of the laying out, alteration or vacation of roads intended to form a continuous highway from one county to another.

16 Pa.C.S. § 16714 Authorization to purchase.

If, in accordance with this chapter, a county is authorized to erect a bridge, the county commissioners may purchase a bridge already erected at a reasonable cost instead of building a new bridge.

16 Pa.C.S. § 16715 Privately owned bridge.

The county commissioners may take charge of or rebuild a bridge suitable for public traffic within the county that was abandoned by the owners.

16 Pa.C.S. § 16716 Acceptance of donated bridge.

(a) County acceptance of bridge as donation.--The county commissioners may accept, take charge of and enter into county records as a county bridge any bridge within the county which has: (1) been built at the expense of a private person or by a public subscription; (2) been opened to free public travel; (3) been used by the public; and (4) become necessary and convenient for the use of the public. (b) Notice.-- (1) A county may not accept, take charge of or enter into county records a bridge until the county has received written notice of the desire to give the bridge to the county from one of the following: (i) the individuals who built the bridge; (ii) subscribers to the original subscription on which the money was raised to build the bridge; or (iii) the heirs, assigns or duly authorized board of trustees representing the individuals or subscribers included under subparagraph (i) or (ii). (2) If a bridge crosses the boundary line between two counties, the individual or the individual's heirs or the assignees, subscribers or trustees representing the individual shall give notice in writing to the county commissioners of each county of the intention to donate the bridge to the counties jointly. (c) Costs and bond requirement.--All costs shall be paid out of the treasury of the county. The county commissioners may require the owner of said bridge to file, together with their notice, a bond sufficient to secure payment of the costs.

16 Pa.C.S. § 16730 Widening, straightening, altering or changing course of unnavigable streams for protection of county bridges and highways.

If, in the construction, repair or maintenance of a county bridge or highway, it becomes necessary for the safety of the bridge or highway or economically advisable to widen, straighten, alter, protect or change the course of an unnavigable stream, it shall be lawful for the county to enter upon abutting or adjacent land, and to widen, straighten, alter, protect or change the course of the stream for these purposes, and, in connection with the entry, to take, injure and destroy any necessary land or property in the manner and subject to the restrictions and procedure provided by law.

16 Pa.C.S. § 16731 Providing and maintaining dykes, banks, causeways and sluiceways for protection of bridges and highways.

(a) Authority.--A county, for the purpose of protecting a county bridge or the abutments and approaches of a county bridge and any public highway adjacent to the county bridge from the incursions of the tide floods or waters of any stream, and to prolong the life of any structure, may provide and maintain dykes, banks, causeways and sluiceways over or across any unnavigable stream and may secure a right-of-way for the proper ingress to and egress from the county bridge. (b) Taking.--In connection with the exercise of the authority under subsection (a), the county may take, injure and destroy any necessary land or property in the manner and subject to the restrictions and procedure provided by law. (c) Approval.--A change in an existing stream channel under this subchapter may not be undertaken until it has been approved by the Department of Environmental Protection.

16 Pa.C.S. § 16732 Lighting of county bridges.

If considered necessary for the safety and convenience of the traveling public, the county commissioners may provide a county bridge with lights of any kind and character that the county commissioners shall deem suitable and may contract with any individual or with any municipal or private corporation for the purpose of supplying the necessary light.

16 Pa.C.S. § 16733 Temporary substitutes for bridges.

If a county bridge is destroyed or rendered impassable, the county commissioners may provide, at the expense of the county, ferries or other temporary ways as a substitute for the destroyed or impassable bridge, until the bridge has been rebuilt or rendered fit for public travel. If the bridge was maintained at the joint expense of two adjoining counties, the establishment and maintenance of the ferry or temporary way shall be by joint discretionary action of the boards of commissioners of both counties, and the expense shall be paid by the counties in the same proportions as the maintenance of the bridge was paid before it was destroyed or rendered impassable.

16 Pa.C.S. § 16734 Closing, vacating, abandoning and removing county bridges.

If it appears to the county commissioners that any county bridge, including any destroyed or partially destroyed bridge, has become burdensome and is no longer necessary for the accommodation of public travel, the county commissioners may close, vacate, abandon and remove the bridge.

16 Pa.C.S. § 16735 Contracts for special use of bridge.

The county commissioners may enter into a contract or lease with a street railway, telegraph or telephone company or other public utility, or the successors or assigns of a street railway, telegraph or telephone company or other public utility, desiring to use a county bridge and the approaches of the bridge for other than ordinary public foot or vehicular traffic for the concurrent use of the portion of the public bridge and approaches as will not substantially impair or restrict the public use and enjoyment, upon agreed to terms and conditions, and may charge tolls or rentals for that special use. Contracts or leases entered into under this section may not be entered into for a longer period than 20 years, nor shall any contract or lease be entered into unless approved by the Pennsylvania Public Utility Commission or become effective, except in accordance with the provisions of the former act of May 28, 1937 (P.L.1053, No.286), known as the Public Utility Law.

16 Pa.C.S. § 16736 Contracts with railroad companies.

(a) Contract with railroad.--A railroad company whose tracks or other facilities are located upon a county bridge may contract and agree with the county commissioners for the use, purchase, removal, replacing or exchange of the bridge, or for the compensation to be paid to the county by the company for the use and occupancy of the bridge or parts of the bridge. (b) Debts.--All money due and all obligations incurred by the companies under a contract may be collected and enforced in the same manner as debts of like amount are recovered and similar obligations enforced in this Commonwealth.

16 Pa.C.S. § 16750 Procedure for taking over bridge by county, aid to political subdivisions in construction and maintenance of bridge.

(a) Commissioner discretionary acceptance of costs.--If the construction of a new bridge, or of a bridge to replace any existing bridge, over a stream or over or under a railroad, and forming part of any road in any city, borough, town or township, or between any two or more municipal corporations is necessary, and requires more expense than it is reasonable that the municipal corporations, individually or jointly, should bear, and if it shall appear to the county commissioners that such bridge is necessary, the bridge may, at the discretion of the county commissioners, be entered on record as a county bridge. The bridge shall thereupon be erected, maintained and kept in repair in the same manner as other county bridges constructed under Subchapter A (relating to general authority and procedures for providing bridges). (b) Refusal to record bridge.--If the county commissioners refuse to have the bridge entered on record as a county bridge, the county may pay the entire cost or any part of the cost of constructing the bridge, including damages. The bridge shall be a municipal bridge to be maintained and kept in repair by the municipal corporation. The county commissioners may furnish the municipal corporation the whole or any part of the money necessary to maintain the municipal bridge. (c) Retention of records.--The county commissioners shall keep a record of all proceedings under this section. (d) Required advertising.--In addition to Chapters 151 (relating to contracts) and 161 (relating to grounds and buildings) relating to contracting for services and personal property, if the county commissioners propose to build or repair a bridge upon the line between the two adjoining counties, required advertising shall be done in each county, and a copy of the plans and specifications shall be kept in the county commissioner's office of each county.

16 Pa.C.S. § 16751 Change of location.

In counties of the third, fourth, fifth, sixth, seventh and eighth class, if a bridge is to take the place of an existing bridge, the viewers may change the location of the bridge so that it may be located and built in the most suitable place, or at the least expense, or in the best manner, and, for the change of location of the bridge, the county commissioners shall report what change in the course or bed of the road connected with the bridge will be necessary, and shall also report the vacation of the old or existing bridge, and the vacation of the portion of the road connecting with the bridge as the county commissioners deem proper.

16 Pa.C.S. § 16752 Construction of embankments and causeways.

In counties of the third, fourth, fifth, sixth, seventh and eighth class, in which a stream over which it may be necessary to build a bridge crosses a public road, and the building of the bridge requires the construction of an embankment or causeway leading to either end of such bridge, the erection of which embankment or causeway requires more expense than it is reasonable that one or more adjoining townships should bear, the bridge may, in the discretion of the county commissioners, be entered on record as a county improvement and constructed as county bridges are constructed.

16 Pa.C.S. § 16753 Contract for parts of municipal bridges.

(a) Contract with municipal corporation.--If a municipal corporation may construct a bridge or viaduct over a stream or other place over which the county may build bridges and the municipal corporation may contract with the county and with railroads, street railways and other companies or parties interested for the building and maintenance of the bridge or viaduct and for the payment of any damages caused by the location or building, the county commissioners may contract with the municipal corporation for that part or portion of the bridge which crosses any of the places listed under this subsection, including the abutments and piers. The part shall be maintained as a county bridge. (b) Contracts for partial structures permitted.--In lieu of the contract under subsection (a), the county commissioners may contract for any part or portion of the whole structure equal to or greater than the part or portion which the county might have built. (c) Contract terms.--The contracts under this section may stipulate that the county shall pay a certain portion of the whole contract price or cost of the work, including damages, or may stipulate that the county shall construct or pay for the construction of a certain part of the work, and may otherwise provide for the payment of the damages. The amount to be paid by the county shall be paid directly to the contractor as may be provided by the contract. The agreements may also provide for the maintenance of the viaducts and bridges after their erection.

16 Pa.C.S. § 16753.1 Contributions.

If a bridge or viaduct is built by a municipality and does not cross any place over which the county may construct a bridge but crosses merely railroad or railroads and private property, the county commissioners of counties of the second class A may contract to pay an amount of money, not exceeding 30% of the entire cost of the proposed bridge or viaduct. The bridge or viaduct shall thereafter be maintained as a municipal structure, and the county may not be liable for any part of the cost of maintenance or repair thereof.

16 Pa.C.S. § 16754 Municipal cooperation.

If a bridge or proposed bridge is on the dividing line between two counties which is also the dividing line between one county and a municipality in the other county and the municipality has authority to build or rebuild the bridge or to join with any county therein, the county may join with said municipality in the other county in building or rebuilding the bridge. The cost of the bridge shall be paid in the relevant proportions as shall be agreed upon by the county and municipality that joined.

16 Pa.C.S. § 16755 Construction of bridge over ravine or valley.

If different parts of any municipality or any two municipalities are separated by an intervening valley or ravine, and the county commissioners in which the municipality or municipalities are located decide it is necessary that a public bridge be constructed, the county may contract with the municipality or municipalities for the laying out and construction of the bridge by the municipality or municipalities, and may pay to the municipality or municipalities the portion of the cost as the county commissioners deem reasonable.

16 Pa.C.S. § 16756 Municipal bridge as county bridge.

If a public bridge has been built or maintained by one or more municipal corporations and it appears to the county commissioners that the care, maintenance and responsibility of the bridge is greater than it is reasonable that the municipal corporations should be responsible for, the county commissioners may enter the bridge upon record as a county bridge to be maintained, supervised and controlled by the county free and without charge.

16 Pa.C.S. § 16775 Appropriations and tax levy.

In the exercise of the powers, authorities and duties provided in this chapter, a county may appropriate and pay out of the county general fund all money necessary for the purposes enumerated in this chapter, and may levy, assess and collect taxes on all real and personal property within the county, and taxable for county purposes, in addition to all other taxes.

16 Pa.C.S. § 16776 Incurring of indebtedness and taxation for debt service.

A county constructing a bridge or making any other capital improvement or major repairs under this chapter may, under a resolution adopted by the county commissioners, incur indebtedness and borrow money under this section. A county may levy and collect on all taxable property in the county, in addition to all other taxes, for the purposes of servicing indebtedness under this section.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=16Fetched: 10/16/2026

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