This legislative session, lawmakers have introduced a new effort that could further complicate and delay the approval process for warehouse and distribution centers. House Bill 1960 is a proposed amendment to the Pennsylvania Municipalities Planning Code (53 P.S. § 10101 et seq.), which would require a voter referendum for approval of a High Impact Warehouse or Distribution Center, defined as a “warehouse or a distribution center of regional significance and impact that uses at least three acres and is 100,000 square feet or greater.”  

A referendum is a general vote by the electorate on a political question that has been referred for decision. Meaning, if enacted, local governing bodies or planning agencies, would review a plan for development of a High Impact Warehouse or Distribution Center, and if approved by the municipality, then would need to be placed on a ballot for vote by the electors of that municipality.  The question for review by the electors of that municipality is:

“Do you approve of [name of municipality] approving the high impact warehouse or distribution center at [location] whose application was submitted on [month] of [year]?”

This would be strictly a vote of popularity with no relation to legal compliance, the good of the community, or the overall needs of the Commonwealth.   

Under the Bill, the question would be referred for the next election which occurs at least 100 days after the approval from the governing body or planning agency. So, the approval process would be extended for more than three months after the local governing body’s approval., at a minimum.  Depending on the election schedule, the delay to approval could be quite significant.

Pennsylvania is consistently rated as a top state for logistics due to its strategic location and infrastructure, including 65 railroads, 3 major ports, 6 international airports and an approximately 120,000-mile highway network^[1]. Introducing a public vote requirement could significantly deter logistics development by adding uncertainty and extending project timelines. Developers will likely be less inclined to invest the substantial time and capital required for engineering and permitting when final approval hinges on an unpredictable electoral outcome.

House Bill 1960 was introduced in the House of Representatives on January 31, 2024, and  referred to the Local Government Committee for review. As of May 16, 2025, no further action has been taken. Its future remains uncertain. Given its potential to significantly impact large-scale warehouse and distribution center development in Pennsylvania, Barley Snyder will continue to monitor the bill and provide updates as new developments occur.

If you have questions about House Bill 1960 or your warehouse/distribution center project in Pennsylvania, please reach out to attorneys Katelyn Rohrbaugh, Stacey MacNeal or John Coles or any member of Barley Snyder’s Land Use Practice Team or Transportation, Logistics & Trade Industry Group.

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^[1] Pennsylvania Department of Community & Economic Development website