New Bill Would Require Approval Through Voter Referendum for Warehouse and Distribution Center Developments

John E. Hosa, (412) 594-5659, jhosa@tuckerlaw.com

During the 2023-2024 legislative session, lawmakers introduced HB-1960, which would significantly amend the Pennsylvania Municipalities Planning Code (“MPC”), 53 P.S. § 10101 et seq., with regard to the approval of large-scale warehouses and distribution centers.

If the bill is enacted into law, certain warehouses and distribution centers would have to be approved by a majority of the municipality’s electorate in addition to being approved by the municipality’s governing body or planning agency.  The bill would also substantially increase the length of time by which such developments are approved.

These new requirements would apply to any “high impact warehouse or distribution center,” which HB-1960 defines as “a proposed development of regional significance and impact that is a warehouse or a distribution center that uses at least three acres and is 100,000 square feet or greater.”  Currently, Section 508 of the MPC requires the municipality’s governing body or planning agency to act upon any application for approval of a plat (i.e., subdivision or land development plan).  53 P.S. § 10508. 

HB-1960 would add Section 508.2 to the MPC, titled “Local Option for High Impact Warehouses and Distribution Centers.”  Section 508.2 reads:

A decision of a governing body or the planning agency under section 508 that approves an application for a plat containing a high impact warehouse or distribution center shall not be final unless the electorate of the municipality through a local option at an election approve the proposed high impact warehouse or distribution center in accordance with this section.

Further, Section 508.2 states that an “election … shall be held on the date of the next election which occurs at least 100 days after a decision of a governing body or planning agency … to determine the will of the electors with respect to approval of the proposed high impact warehouse or distribution center[.]”  In other words, a development would not be approved for more than three months after the governing body or planning agency’s approval.  However, the process could potentially be much longer depending on the timing of the next election. 

The bill also makes clear that, if a majority of the electorate votes “no,” the application must be denied.  Thus, even if an applicant has satisfied all requirements of the MPC and the applicable subdivision and land development ordinance, its application could still be rejected based solely on the will of the municipality’s voters.

Due to the significant obstacles for developers, the lengthening of the process, and the unpredictability of the outcome, HB-1960 would surely deter warehouse and distribution center development in Pennsylvania.  HB-1960 is actually one of two recent bills that would likely curb such development.  The other is HB-782, which was also introduced in the 2023-2024 legislative session and which would require extensive impact analyses for high impact warehouse projects.  HB-782 was approved by the Local Government Committee on June 26, 2025 and has now been referred to the House Rules Committee.  As of this date, HB-1960 has been referred to the Local Government Committee but has not been acted upon.

The attorneys at Tucker Arensberg, P.C. will continue to monitor these bills and will provide periodic updates.  If you have any questions regarding HB-1960 or HB-782, you are welcome to contact one of the attorneys in our Real Estate & Construction or Municipal & School groups.

Reprinted with permission from the July 8, 2025, issue of The Legal Intelligencer. © 2025 ALM Media Properties, LLC. Further duplication without permission is prohibited.  All rights reserved.