Pennsylvania Consolidated Statutes

53 Pa. Cons. Stat. § 2901 (2026)

Short title and scope of subpart.

✓ current as of May 2026

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SUBPART E

HOME RULE AND OPTIONAL PLAN GOVERNMENT

Chapter

29. General Provisions

30. Types of Optional Plans of Government

31. General Provisions Common to Optional Plans

CHAPTER 29

GENERAL PROVISIONS

Subchapter

A. Preliminary Provisions

B. Procedure for Adoption of Home Rule Charter or Optional Plan of Government

C. Amendment of Existing Charter or Optional Plan

D. Conduct of Election

E. General Powers and Limitations of Home Rule Charter Municipalities

F. General Provisions and Limitations for Optional Plan Municipalities

G. Miscellaneous Provisions

Enactment. Chapter 29 was added December 19, 1996, P.L.1158, No.177, effective in 60 days.

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

2901. Short title and scope of subpart.

2902. Definitions.

§ 2901. Short title and scope of subpart.

(a) Short title of subpart.--This subpart shall be known and may be cited as the Home Rule Charter and Optional Plans Law.

(b) Scope of subpart.--This subpart applies to all municipalities except cities of the first class and counties of the first class.

Notes of Decisions

Cited in 18 cases (5 in the last 5 years), 1999–2024 · leading case: Pa. Rest. & Lodging Ass'n v. City of Pittsburgh, 211 A.3d 810 (Pa. 2019).

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Pa. Rest. & Lodging Ass'n v. City of Pittsburgh, 211 A.3d 810 (Pa. 2019). “In 1996, the General Assembly enacted the Home Rule Charter and Optional Plans Law, 53 Pa.C.S. §§ 2901 - 3171 (hereinafter, "the HRC").”

A. Ziegler v. City of Reading & Reading Area Water Auth., 142 A.3d 119 (Pa. Commw. Ct. 2016). “§§ 35101 -39701, repealed and codified, effective January 25, 2016, 11 Pa.”

F. Lohr & J.K. Fouse v. Saratoga Partners, L.P. & Huntingdon Cnty. TCB, 204 A.3d 1028 (Pa. Commw. Ct. 2019). “the 'Home Rule Charter and Optional Plans Law[, 53 Pa.C.S. §§ 2901 -2984 ]' "). Although not addressed by the Fouses, we further note that the constitutional challenge sub judice warrants rational basis review because RETSL's distinction on the basis of county class, which is…”

Apt. Assoc. of Metro. Pittsburgh, Inc. v. The City of Pittsburgh, 205 A.3d 418 (Pa. Commw. Ct. 2019). “Background The City is a home rule municipality governed by the Home Rule Charter and Optional Plans Law (Home Rule Law), 53 Pa. C.S. §§ 2901 - 2984. 1 Apartment Association is a non-profit corporation whose members are property owners, managers, and landlords in the business of…”

Schrier v. Kisselback, 879 A.2d 834 (Pa. Commw. Ct. 2005). “53 Pa.C.S. §§ 2901 — 3171. 8 . The general statutory authority for the “Executive (Mayor) — Council Plan B” is provided in Section 3031 of the Optional Plans Law, 53 Pa.”

In Re Voter Referendum Petition Filed August 5, 2008, 981 A.2d 163 (Pa. 2009). “The court observed that County Council, under the Home Rule Charter, has the authority to adopt rates of taxation, and that the Appellant failed to demonstrate how the Home Rule Charter and Optional Plans Law, 53 Pa.C.S. §§ 2901 et seq. (hereinafter “Home Rule Law”), Allegheny…”

Twp. of O'Hara v. Condemnation of a Permanent Fee Simple Interest for Pub. Park & Rec. Area & Facilities of 4.65 Acres, 910 A.2d 166 (Pa. Commw. Ct. 2006). “Home rule municipalities are governed by the Home Rule Charter and Optional Plans Law (Home Rule Law), 53 Pa.C.S. §§ 2901— 3171. Prior to adopting a home rule charter, the Township was governed by the First Class Township Code, Act of June 24, 1931, P.”

In Re Petition for Agenda Initiative to Place on the Agenda of Council for Consideration, 206 A.3d 617 (Pa. Commw. Ct. 2019). “53 Pa.C.S. §§ 2901 -3171. Act of June 3, 1937, P.”

Bell v. Lehigh Cnty. Bd. of Elections, 729 A.2d 1259 (Pa. Commw. Ct. 1999). “2 THE ALLENTOWN HOME RULE CHARTER On April 23, 1996, Allentown voters adopted the Allentown Home Rule Charter pursuant to the Pennsylvania Home Rule Charter and Optional Plans Law (hereinafter the “Pennsylvania Home Rule Charter Law”), 53 Pa.C.S. § 2901 et seq. 3 Article X of…”

Crawford, S., Aplts. v. Commonwealth (Pa. 2024). · cites it 2× “53 Pa. C.S. § 2901(b). Echoing Article IX, Section 2 of our Constitution and the aforementioned provisions of the First Class City Home Rule Act, the Home Rule Law “extends home[ ]rule authority only to ‘function[s] not denied by the Constitution of Pennsylvania, by statute or…”

Bd. of Prop., Assessment, Appeals, Review & Registry v. Allegheny Cnty., 50 Pa. D. & C.4th 389 (2000). · cites it 3× “When there is no uniform statewide approach to a matter, the purpose of the home rule provision of the state constitution (Article 9, Section 2) and the Home Rule Charter and Optional Plans Law (53 Pa.C.S. §2901 et seq.) is to permit a home rule municipality to devise its own…”

G. St. Fleur v. The City of Scranton (Pa. Commw. Ct. 2020). “6 53 Pa. C.S. §§ 2901 – 2984. 7 The parties dispute whether certain taxes were imposed pursuant to Act 511.”

Show all 18 citing cases →

— 53 Pa. Cons. Stat. § 2901(b) — 1 case

Crawford, S., Aplts. v. Commonwealth (Pa. 2024). “53 Pa. C.S. § 2901(b). Echoing Article IX, Section 2 of our Constitution and the aforementioned provisions of the First Class City Home Rule Act, the Home Rule Law “extends home[ ]rule authority only to ‘function[s] not denied by the Constitution of Pennsylvania, by statute or…”

— 53 Pa. Cons. Stat. § 2901(c) — 2 cases

S. Sheppleman v. City of Chester Aggregated Pension Fund (Pa. Commw. Ct. 2021).

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