Anna Hosack Co-Authors Legal Intelligencer Article
The use of street opening ordinances to regulate and maintain public rights-of-way has increased in popularity over the past few years, with many of the local municipalities having adopted some form of a model ordinance. These ordinances commonly include references to fees for permitting and inspection, and in many cases provide for the use of a variable fee based on the linear footage of the proposed opening into the public right-of-way. The goal of this variable fee is to provide for flexibility, as a street opening can be minor, requiring very little review, or involve significant linear footage, requiring longer inspections and/or additional engineer review. The Commonwealth Court’s recent decision in Columbia Gas of Pennsylvania, Inc. v. Menallen Township, 351 A.3d 326 (Pa. Cmwlth. 2026), impacts the interpretation of those street opening ordinances and their variable fees when applied to public utilities, such as water, gas, and electric companies. To read the full article co-authored by Anna Hosack, click here.