Pennsylvania Pond Permits & Regulations

Whether a Pennsylvania pond needs a permit depends on its dam, where it sits and how much ground it disturbs, and every statement below links to the statute, regulation, court decision or agency page it comes from.

Sources checked September 28, 2026
Pennsylvania at a glance
Dam permit trigger
A dam on a watercourse (other than one licensed under the Federal Power Act) is regulated, and needs a DEP Dam Permit, if it exceeds any one of these: 100 acres of contributory drainage, 15 feet of greatest water depth (measured by the upstream toe at maximum storage elevation) or 50 acre-feet of impounding capacity at maximum storage elevation. A water-storage dam that is not on a watercourse and has no contributory drainage is regulated only if it exceeds both the depth and the capacity tests. [1][2]
Streams, wetlands & floodways
A water obstruction or encroachment in, along, across or projecting into a watercourse, floodway or body of water (which includes ponds and wetlands) needs a written DEP Chapter 105 permit unless a waiver or general permit applies. Where FEMA has not mapped a stream's floodway, it is presumed, absent evidence to the contrary, to extend 50 feet from the top of the bank. DEP says even a dam below the Dam Permit tests needs a Water Obstruction and Encroachment Permit or an approved Environmental Assessment if it crosses or impacts a stream or impacts a wetland, or if a stream or wetland would be excavated or a wetland impounded. [1][2][17][22]
Earth disturbance
For earth disturbance other than agricultural plowing or tilling and animal heavy use areas, erosion and sediment control best management practices (BMPs) are required even below 5,000 square feet, and a written erosion and sediment control (E&S) Plan is required at 5,000 square feet or more, or at any size where the work, because of its proximity to existing drainage features or patterns, has the potential to discharge to a High Quality or Exceptional Value water. NPDES construction stormwater coverage is required before starting 1 acre or more of earth disturbance, or earth disturbance on any part of a larger common plan of development or sale involving 1 acre or more (other than agricultural plowing or tilling, animal heavy use areas, timber harvesting or road maintenance). [3][4]
Water use
DEP says water in defined watercourses is treated under the riparian doctrine. The 1939 Water Rights Law's permit requirement for new water rights or a new source of supply applies to public water supply agencies. DEP registration under Chapter 110 is required when withdrawals exceed an average of 10,000 gallons per day in any 30-day period. In the Susquehanna River Basin, a project (initiated on or after January 23, 1971) with consumptive water use averaging 20,000 gallons per day or more in any consecutive 30-day period needs prior SRBC approval; in the Delaware River Basin, an impoundment with less than 100 million gallons of storage need not be submitted to DRBC unless the Commission directs otherwise. [16][21][30][40][41]
Floodplains
PEMA says that in a mapped Special Flood Hazard Area the municipality must issue a floodplain development permit, or its equivalent, before development, and excavation, filling and grading count as development. To find out whether a property is in a flood hazard area, PEMA says to check the FEMA Flood Insurance Rate Map or ask the community's floodplain administrator. [7][9]
Federal permits
An Army Corps permit is required to discharge dredged or fill material into waters of the United States unless the discharge is exempt; a discharge to build or maintain a farm or stock pond is exempt unless the recapture provision or the toxic-pollutant exception applies. In Pennsylvania DEP runs a joint application with the Corps, and as of September 28, 2026 the Corps' Pennsylvania State Programmatic General Permit in effect is PASPGP-7, effective July 1, 2026 through June 30, 2031. [5][61][64][67]

Four questions drive the Pennsylvania permit triggers on this page. Does the embankment meet the Chapter 105 dam tests (for a dam on a watercourse, one or more of: contributory drainage area over 100 acres, greatest water depth at the upstream toe over 15 feet, or impounding capacity over 50 acre-feet, depth and capacity both taken at maximum storage elevation)? Is the work in a stream, its floodway or a wetland? How much ground does it disturb (for pond construction, a written erosion and sediment control plan is required at 5,000 square feet or more, and NPDES construction stormwater coverage at 1 acre or more)? And does the work, because of its proximity to existing drainage features or patterns, have the potential to discharge to High Quality or Exceptional Value waters, which requires a written erosion and sediment control plan at any size? [1][2][3][4]

DEP says an off-stream pond that is not built in a floodway, wetland or other body of water needs no Chapter 105 approval for water obstructions and encroachments, although its dam may need a Dam Permit if it meets the regulated-dam criteria, and an intake pipe or channel bringing water from a watercourse to the pond may need a permit such as General Permit 4. A pond dug completely below grade may still be regulated if it is placed in regulated waters such as a wetland or stream channel, and DEP strongly discourages on-stream ponds and wetland excavation, warning that a project may not be approved if a viable alternative exists but is not chosen. [2]

Several agencies share the work. DEP's Division of Dam Safety issues Dam Permits, and under DEP's joint application process with the U.S. Army Corps of Engineers, DEP or a delegated county conservation district can in most instances issue both the state Chapter 105 permit and the federal authorization; otherwise DEP forwards the application to the Corps. County conservation districts with trained staff are delegated to review erosion and sediment control plans and process permit applications. PEMA says that in a Special Flood Hazard Area the municipality must issue a floodplain development permit, or its equivalent, before development. Separately, Act 14 requires each applicant for a DEP permit to give written notice to each municipality and county where the permitted activity is located. DEP says anyone planning a pond should first call DEP to find out what authorizations, regulatory requirements and potential mitigation may be involved. [2][5][6][7][8]

Permit tiers in Pennsylvania

In the table below, the tier a Pennsylvania pond lands in turns on the Chapter 105 dam tests and on whether the work is in a stream, floodway or wetland. It also turns on how much earth is disturbed and on whether the work has the potential to discharge to High Quality or Exceptional Value waters. [1][2][3][4]

DEP says it does not give advice on pond design or construction methods and that anyone planning a pond should first call DEP to learn which authorizations apply. It adds that county conservation districts delegated parts of Chapter 105 can give some advice and are a good first stop, though applicants may be directed to DEP. [2]

Pennsylvania pond permit tiers, from no state permit (Tier 0) to a regulated dam (Tier 3), with the triggers for each.
TierWhat it meansWhen it applies in Pennsylvania
Tier 0Usually no state permitThe pond is below every Pennsylvania plan, registration and permit threshold and away from streams, floodways, wetlands and mapped floodplains. General duties still apply: erosion and sediment control BMPs, a PA One Call locate request before digging with powered equipment, and local ordinances. [2][3][7][9][10][11][12][13][14]
  • DEP says an off-stream pond that is not built in a floodway, wetland or other body of water needs no Chapter 105 approval for water obstructions and encroachments; a dam that meets the regulated-dam criteria may still need a Dam Permit, and an intake pipe or channel bringing water from a watercourse to the pond may need a permit such as General Permit 4. [2]
  • Chapter 102 still requires anyone doing earth disturbance, which includes excavations and embankments, to develop, implement and maintain erosion and sediment control BMPs, even when the disturbance is under 5,000 square feet. [3][10][11]
  • Anyone digging with powered equipment, including a landowner digging their own pond, is an excavator under the Underground Utility Line Protection Law and must submit a PA One Call locate request at least 3 and no more than 10 business days before starting. [12]
  • Municipal zoning may also regulate uses of land, watercourses and other bodies of water, and Act 167 requires any landowner altering land in a way that may affect stormwater runoff to take measures, consistent with the applicable watershed stormwater plan, that are reasonably necessary to prevent injury to health, safety or other property. [14][15]
  • DEP says that once built, all ponds are regulated waters of the Commonwealth under the Dam Safety and Encroachments Act. [2]
Tier 1Plan, registration or noticePennsylvania requires a written plan (an erosion and sediment control plan) or a registration (water-use registration with DEP). If another part of the project needs a permit or an agency's approval before work starts, Tier 2 applies as well. [2][3][16]
  • For earth disturbance other than agricultural plowing or tilling and animal heavy use areas, a written E&S Plan is required when total earth disturbance will be 5,000 square feet or more, when Chapter 102 or other DEP regulations require one, or at any size when the work, because of its proximity to existing drainage features or patterns, has the potential to discharge to a High Quality or Exceptional Value water. [3]
  • Water-use registration with DEP under Chapter 110 is required when total withdrawal from a point of withdrawal, or several points operated as a system, within a watershed exceeds an average of 10,000 gallons per day in any 30-day period. [16]
Tier 2Permit or approval requiredAn agency must approve the project before work starts, for example for work in a stream, floodway or wetland, for construction stormwater coverage, for a municipal floodplain development permit, or for a river basin commission approval. If the pond's dam also meets the regulated-dam tests, Tier 3 applies as well. [1][2][4][7][17][18][19][20][21]
  • A water obstruction or encroachment in, along, across or projecting into a stream, its floodway or a body of water needs a written DEP Chapter 105 permit unless a waiver or general permit applies; where FEMA has not mapped a stream's floodway, it is presumed, absent evidence to the contrary, to extend 50 feet from the top of the bank. [1][17][22]
  • DEP's pond page says a dam below the Dam Permit tests needs a Water Obstruction and Encroachment Permit or an approved Environmental Assessment if it crosses or impacts a stream or impacts a wetland, or if a stream or wetland would be excavated or a wetland impounded. Chapter 105 separately waives the permit for a water obstruction in a stream or floodway with a drainage area of 100 acres or less (not for wetlands in the floodway), and DEP's pond page does not mention that waiver in this context. [2][23]
  • Where no permit is otherwise required, a dam, water obstruction or encroachment in a wetland, or a dam in an Exceptional Value water, may not be built until DEP approves an Environmental Assessment in writing. [18]
  • Earth disturbance of 1 acre or more, or on any part of a larger common plan of development or sale of 1 acre or more, other than agricultural plowing or tilling, animal heavy use areas, timber harvesting or road maintenance, needs an individual NPDES permit or general-permit coverage for construction stormwater before it begins. [4][19]
  • For a project needing NPDES coverage, PAG-01 is unavailable if stormwater runoff will discharge to surface waters, including wetlands, with a designated or existing High Quality or Exceptional Value use. DEP's PAG-02 fact sheet says DEP will deny PAG-02 coverage for stormwater discharged directly to such waters, and DEP's 2024 Pennsylvania Bulletin notice says PAG-02 may not be used for discharges to waters designated for special protection. A project that does not qualify for a general permit needs an individual NPDES permit, and the Environmental Quality Board says a new earth disturbance needing a Chapter 102 permit that discharges to a stream with a protected HQ use must obtain an individual permit. [24][25][26][27][28]
  • PEMA says that in a mapped Special Flood Hazard Area the municipality must issue a floodplain development permit, or its equivalent, before development, and Pennsylvania's floodplain management regulation requires municipal floodplain rules, at a minimum, to cover filling, grading and excavation within areas subject to the 100-year flood. [7][29]
  • In the Susquehanna basin, SRBC review and approval is required for projects (started on or after dates set in its regulation) with consumptive use averaging 20,000 gallons per day or more, or withdrawals averaging 100,000 gallons per day or more, over a consecutive 30-day period. SRBC's regulation exempts agricultural water use projects from the consumptive-use review so long as the Commission determines that member-state low flow augmentation projects provide sufficient mitigation, but an agricultural project that diverts basin water stays subject unless the property, or contiguous parcels, is at least partly within the basin. In the Delaware basin, DRBC review is not required for an impoundment with less than 100 million gallons of storage or a withdrawal averaging no more than 100,000 gallons per day over 30 consecutive days, unless DRBC directs otherwise by notice. Inside the Southeastern Pennsylvania Ground Water Protected Area, however, a new or expanded groundwater withdrawal needs a DRBC protected area permit if the new or increased rate from a well or group of wells operated as a system averages more than 10,000 gallons per day over a 30-day period. [21][30][31]
  • When a pond needs a DEP permit, Act 14 requires the applicant to give written notice to each municipality and county where the work is located, received at least 30 days before DEP may issue or deny the permit. [8]
Tier 3Regulated damThe dam meets Pennsylvania's regulated-dam tests: for a dam on a watercourse, any one of the drainage-area, water-depth or storage tests; for a water-storage dam off any watercourse with no contributory drainage, both the depth and the storage tests. A Dam Permit is required, plans must carry a registered professional engineer's seal, and the owner has ongoing inspection and maintenance duties. [1][2][32][33][34]
  • A dam on a natural or artificial watercourse (other than one licensed under the Federal Power Act) is regulated if any one or more of these occurs: contributory drainage area over 100 acres, greatest depth of water measured by the upstream toe at maximum storage elevation over 15 feet, or impounding capacity at maximum storage elevation over 50 acre-feet. [1][34]
  • A water-storage dam that is not on a watercourse and has no contributory drainage is regulated only if both its greatest depth of water exceeds 15 feet and its impounding capacity exceeds 50 acre-feet, each at maximum storage elevation. [1][34]
  • Building such a dam requires a Dam Permit from DEP's Division of Dam Safety, and plans, specifications and reports for any category of dam must carry a registered professional engineer's seal and signed certification. [2][32]
  • The application fee for a new dam in the smallest size category (Size C: storage of 1,000 acre-feet or less and height of 40 feet or less) is $8,000 to $10,500, depending on its hazard potential category. [32][35]
  • DEP issues a dam construction permit first, and issues an operation and maintenance permit only after the owner meets the final inspection, completion certification and as-built plan requirements and DEP accepts the construction. The owner must inspect the dam at least once every 3 months and monitor, operate and maintain it in a safe condition. [33][34][36]

A single pond can meet triggers in several tiers, for example a small dam across a stream that meets none of the Dam Permit tests but that DEP says needs a Water Obstruction and Encroachment Permit or an approved Environmental Assessment, plus a written E&S Plan if it disturbs 5,000 square feet or more; the highest tier it reaches is its overall tier. [2][3]

Dam safety: when a pond embankment becomes a regulated dam

Under the Dam Safety and Encroachments Act and 25 Pa. Code Chapter 105, a dam on a natural or artificial watercourse (other than one licensed under the Federal Power Act) is regulated if it meets ANY one of three tests: contributory drainage area over 100 acres, greatest depth of water at maximum storage elevation over 15 feet (Chapter 105 measures it by the upstream toe of the dam), or impounding capacity at maximum storage elevation over 50 acre-feet. [1][34]

A water-storage dam that is not on a watercourse and has no contributory drainage is regulated only if it exceeds BOTH the depth test and the capacity test: greatest depth of water over 15 feet AND impounding capacity over 50 acre-feet, each at maximum storage elevation. [1][34]

DEP says Chapter 105 requires a Dam Permit from DEP's Division of Dam Safety to build a dam that meets one of its listed criteria. The Act itself says no person may build, operate, maintain, modify, enlarge or abandon any dam, water obstruction or encroachment without DEP's prior written permit, and Chapter 105 waives that permit requirement for certain listed structures and activities. [2][23][34]

  • Size cutoffChapter 105 regulates dams on a natural or artificial watercourse (other than Federal Power Act-licensed dams) where ONE OR MORE of these occur: (i) contributory drainage area over 100 acres; (ii) greatest depth of water, measured by the upstream toe of the dam at maximum storage elevation, over 15 feet; (iii) impounding capacity at maximum storage elevation over 50 acre-feet.

    Applies when: Embankment dam across a watercourse (on-stream pond) 25 Pa. Code § 105.3(a)(1)(i)–(iii) [1]
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    (1) Dams on a natural or artificial watercourse, other than those licensed under the Federal Power Act (16 U.S.C.A. § § 791a—825s), where one or more of the following occur: (i) The contributory drainage area exceeds 100 acres. (ii) The greatest depth of water measured by upstream toe of the dam at maximum storage elevation exceeds 15 feet. (iii) The impounding capacity at maximum storage elevation exceeds 50 acre-feet.
    Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

  • Size cutoffChapter 105 regulates water-storage dams that are not on a watercourse and have no contributory drainage only where the greatest depth of water, measured at the upstream toe at maximum storage elevation, is over 15 feet AND the impounding capacity at maximum storage elevation is over 50 acre-feet. Both conditions must be met.

    Applies when: Off-stream impoundments with no contributory drainage 25 Pa. Code § 105.3(a)(2) [1]
    Show the source text
    (2) Dams used for the storage of water not located on a watercourse and which have no contributory drainage where the greatest depth of water measured at upstream toe of the dam at maximum storage elevation exceeds 15 feet and the impounding capacity at maximum storage elevation exceeds 50 acre-feet.
    Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

  • RequirementNo person may construct, operate, maintain, modify, enlarge or abandon any dam, water obstruction or encroachment without the prior written permit of the Department (now DEP).

    Dam Safety and Encroachments Act § 6(a) (32 P.S. § 693.6(a)); see also 25 Pa. Code § 105.11(a) [34]
    Show the source text
    (a) No person shall construct, operate, maintain, modify, enlarge or abandon any dam, water obstruction or encroachment without the prior written permit of the department.
    Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

  • ExemptionDEP says a dam that meets none of the Dam Permit criteria is likely "non-jurisdictional" and needs no Dam Permit. However, if the dam is proposed across (or impacts) a stream or impacts a wetland, or if a stream or wetland would be excavated or a wetland impounded, the owner needs either a Water Obstruction and Encroachment Permit or approval of an Environmental Assessment from the appropriate DEP regional office.

    Applies when: Small (below-threshold) pond dams across or affecting streams or wetlands PA DEP, "Introduction to Ponds and Chapter 105" (Ponds with Non-jurisdictional (Out of scope) Dams) [2]
    Show the source text
    If none of the criteria above are met by a proposed dam, the structure is likely non-jurisdictional and a Dam Permit is not required; however, if the dam is proposed across (or impacts) a stream or impacts a wetland or if a stream or wetland is proposed to be excavated or a wetland impounded, either a Water Obstruction and Encroachment Permit or approval of an Environmental Assessment is required. This would be obtained from the appropriate DEP regional Office.
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

  • RequirementDEP must approve an Environmental Assessment in writing before anyone builds, operates, maintains, modifies, enlarges or abandons either (a) a dam, water obstruction or encroachment in, along or projecting into a wetland for which no permit is otherwise required, or (b) a dam in, along or projecting into an exceptional value water (as defined in Chapter 93) for which no permit is otherwise required. For exceptional-value-water dams, the required information includes the impoundment surface area and the dam height.

    Applies when: Non-jurisdictional (below-threshold) dams in wetlands or exceptional value waters 25 Pa. Code § 105.15(a)(2)–(3) [18]
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    A person may not construct, operate, maintain, modify, enlarge or abandon the following categories of structures or activities until an Environmental Assessment has been approved in writing by the Department. ... (2) For dams, water obstructions or encroachments located in, along or projecting into a wetland for which a permit is not otherwise required under this chapter ... (3) For dams located in, along or projecting into an exceptional value water as defined in Chapter 93 ... (i) The surface area of the impoundment. (ii) The height of the dam.
    Open Pennsylvania Code & Bulletin (opens in a new tab)

Full detail: 139 verified statements

Streams, wetlands and floodways (Chapter 105)

Pennsylvania requires a written DEP permit to construct, operate, maintain, modify, enlarge or abandon a dam, water obstruction or encroachment, unless a § 105.12 waiver or a general permit applies. [17][23][37]

Chapter 105 defines an encroachment as a structure or activity that changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water, and a body of water as including a natural or artificial pond, swamp, marsh or wetland. [22]

DEP says an off-stream pond needs no Chapter 105 water obstruction and encroachment approval if it is not built in a floodway, wetland or other body of water, though a dam permit may still be required if the pond's dam meets the regulated-dam criteria. Where no FEMA map or study has defined the floodway, Chapter 105 assumes, absent evidence to the contrary, that a stream's floodway extends from the stream to 50 feet from the top of its bank. DEP says a pond dam that meets none of the dam-permit criteria is likely non-jurisdictional and needs no Dam Permit, but that a Water Obstruction and Encroachment Permit or an approved Environmental Assessment is required if the dam is proposed across (or impacts) a stream or impacts a wetland, or if a stream or wetland is to be excavated or a wetland impounded. [2][22]

  • RequirementA person may not construct, operate, maintain, modify, enlarge or abandon a dam, water obstruction or encroachment without first obtaining a written permit from DEP (unless a waiver or general permit applies).

    25 Pa. Code § 105.11(a) [17]
    Show the source text
    (a) A person may not construct, operate, maintain, modify, enlarge or abandon a dam, water obstruction or encroachment without first obtaining a written permit from the Department.
    Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

  • DefinitionChapter 105 defines an 'encroachment' as a structure or activity which changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water.

    25 Pa. Code § 105.1 (definition of "Encroachment") [22]
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    Encroachment—A structure or activity which changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water.
    Open Pennsylvania Code & Bulletin (opens in a new tab)

  • ExemptionDEP says Chapter 105 approval for water obstructions and encroachments is not required for ponds proposed off-stream if they are not constructed in a floodway, wetland or other body of water; but if the pond has a dam meeting the regulated-dam criteria, a dam permit may be required.

    Applies when: Off-stream pond outside any floodway (including the default 50-ft floodway), wetland or body of water DEP, "Introduction to Ponds and Chapter 105" (Off-Stream Ponds) [2]
    Show the source text
    Chapter 105 approval for water obstructions and encroachments is not required for ponds proposed off-stream if they are not constructed in a floodway, wetland or other body of water. However, if the pond has a dam which meets the regulated dam criteria a dam permit may be required, see above information.
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

  • Definition'Floodway' means the channel of the watercourse and the portions of the adjoining floodplains reasonably required to carry and discharge the 100-year frequency flood. Unless otherwise specified, the boundary is as shown on FEMA maps and flood insurance studies. Where no FEMA map or study has defined the 100-year floodway boundary, the floodway is assumed, absent evidence to the contrary, to extend from the stream to 50 feet from the top of the bank of the stream.

    Applies when: Any work within the floodway of a stream 25 Pa. Code § 105.1 (definition of "Floodway") [22]
    Show the source text
    Floodway—The channel of the watercourse and portions of the adjoining floodplains which are reasonably required to carry and discharge the 100-year frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the 100-year frequency floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream.
    Open Pennsylvania Code & Bulletin (opens in a new tab)

  • RequirementDEP says that if a proposed pond dam does not meet any of the dam-permit criteria it is likely non-jurisdictional and no Dam Permit is required; however, if the dam is proposed across (or impacts) a stream or impacts a wetland, or if a stream or wetland is proposed to be excavated or a wetland impounded, either a Water Obstruction and Encroachment Permit or approval of an Environmental Assessment is required, obtained from the appropriate DEP regional office.

    Applies when: Pond with a dam below the dam-permit thresholds that touches a stream or wetland DEP, "Introduction to Ponds and Chapter 105" (Ponds with Non-jurisdictional Dams) [2]
    Show the source text
    If none of the criteria above are met by a proposed dam, the structure is likely non-jurisdictional and a Dam Permit is not required; however, if the dam is proposed across (or impacts) a stream or impacts a wetland or if a stream or wetland is proposed to be excavated or a wetland impounded, either a Water Obstruction and Encroachment Permit or approval of an Environmental Assessment is required. This would be obtained from the appropriate DEP regional Office.
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

Full detail: 92 verified statements

High Quality, Exceptional Value and trout streams

For earth disturbance other than agricultural plowing or tilling or animal heavy use areas, Pennsylvania requires a written Erosion and Sediment Control (E&S) Plan when total earth disturbance is 5,000 square feet or more. A written plan is also required, with no size threshold of its own, when the activity, "because of its proximity to existing drainage features or patterns," has the potential to discharge to a water classified as High Quality (HQ) or Exceptional Value (EV) under Chapter 93. [3]

HQ or EV status also limits DEP's PAG-01 and PAG-02 general NPDES construction permits: PAG-01 is unavailable if stormwater runoff will discharge to surface waters, including wetlands, with a designated or existing use of HQ or EV, and DEP will deny PAG-02 coverage for stormwater discharges directly to such waters. [24][25][39]

Under Chapter 105, a dam located in, along or projecting into an "exceptional value water as defined in Chapter 93", for which a permit is not otherwise required, may not be built, operated, maintained, modified, enlarged or abandoned until DEP approves an Environmental Assessment in writing. The Chapter 105 waiver for a dam no more than 3 feet high in a stream no more than 50 feet wide does not apply in wild trout streams designated by the Fish and Boat Commission (PFBC). [18][23]

  • Size cutoffFor earth disturbance other than agricultural plowing/tilling or animal heavy use areas, a written E&S Plan is required if one or more criteria apply: (i) total earth disturbance of 5,000 square feet or more; (ii) the person is required to develop an E&S Plan under Chapter 102 or other DEP regulations; or (iii) the activity, 'because of its proximity to existing drainage features or patterns,' has the potential to discharge to a water classified as HQ or EV under Chapter 93. Criterion (iii) carries no size threshold of its own.

    25 Pa. Code § 102.4(b)(2)(i)-(iii) [3]
    Show the source text
    shall develop and implement a written E&S Plan under this chapter if one or more of the following criteria apply: (i) The earth disturbance activity will result in a total earth disturbance of 5,000 square feet ... or more. (ii) The person proposing the earth disturbance activities is required to develop an E&S Plan under this chapter or under other Department regulations. (iii) The earth disturbance activity, because of its proximity to existing drainage features or patterns, has the potential to discharge to a water classified as a High Quality or Exceptional Value water under Chapter 93
    Open Pennsylvania Code & Bulletin (opens in a new tab)

  • RequirementPAG-01 eligibility turns on both uses: coverage is unavailable if stormwater runoff will discharge to surface waters, including wetlands, with a designated OR existing use of HQ or EV.

    Applies when: Projects under 5 acres seeking PAG-01 DEP, PAG-01 NOI Instructions, 3800-PM-BCW0404a (Rev. 3/2025), Eligibility criterion 3 and denial condition 9 (citing 25 Pa. Code § 92a.54(e)(9)) [24]
    Show the source text
    Stormwater runoff from the project site will not discharge to surface waters, including wetlands, with a designated or existing use classified as High Quality Waters (HQ) or Exceptional Value Waters (EV) under 25 Pa. Code Chapter 93 (relating to water quality standards).
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

  • RequirementPAG-02 eligibility also turns on both uses: DEP will deny PAG-02 coverage for stormwater discharges directly to surface waters, including wetlands, with a designated OR existing use of HQ or EV.

    Applies when: Projects seeking PAG-02 NPDES construction coverage DEP, PAG-02 Fact Sheet, 3800-PM-BCW0405g (Rev. 8/2024), Eligibility criterion 9 (citing 25 Pa. Code § 92a.54(e)(9)) [25]
    Show the source text
    Stormwater discharges directly to surface waters, including wetlands, with a designated or existing use of High-Quality Waters (HQ) or Exceptional Value Waters (EV) pursuant to 25 Pa. Code Chapter 93 (relating to water quality standards). (25 Pa. Code § 92a.54(e)(9))
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

  • RequirementUnder § 105.15(a)(3), for a dam located in, along or projecting into an 'exceptional value water as defined in Chapter 93' for which a Chapter 105 permit is not otherwise required, a person may not construct, operate, maintain, modify, enlarge or abandon the dam until DEP approves an Environmental Assessment in writing. The applicant must submit: impoundment surface area; dam height; mean and maximum stream depth at the dam; a description of the release structure; the conservation release rate; bypass structure design; the dam's use; and construction material.

    Applies when: Embankment (dam) ponds on or along EV waters 25 Pa. Code § 105.15(a)(3) [18]
    Show the source text
    may not construct, operate, maintain, modify, enlarge or abandon ... until an Environmental Assessment has been approved in writing ... dams located in, along or projecting into an exceptional value water as defined in Chapter 93 ... for which a permit is not otherwise required ... (i) The surface area of the impoundment. (ii) The height of the dam. (iii) The mean depth and maximum depth of the stream at the location ... (iv) A description of the release structure. (v) The rate of a conservation release. (vi) The design of bypass structures. (vii) The use of the dam. (viii) The material
    Open Pennsylvania Code & Bulletin (opens in a new tab)

  • DefinitionWetlands are 'exceptional value' (EV) if, among other criteria, they lie in or along the floodplain of the reach of a wild trout stream or of waters listed as EV under Chapter 93, or in the floodplain of streams tributary to those waters. A pond site's wetlands can therefore be EV because of the Fish and Boat Commission's wild trout list, even where the stream's Chapter 93 use is not HQ or EV.

    Applies when: Pond sites with wetlands near wild trout or EV streams 25 Pa. Code § 105.17(1)(iii) [38]
    Show the source text
    (iii) Wetlands that are located in or along the floodplain of the reach of a wild trout stream or waters listed as exceptional value under Chapter 93 (relating to water quality standards) and the floodplain of streams tributary thereto
    Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

Full detail: 69 verified statements

Erosion & sediment control and NPDES (Chapter 102)

Pennsylvania's Chapter 102 defines earth disturbance to include excavations, embankments and the moving or stockpiling of soil, and requires everyone proposing or conducting earth disturbance to develop, implement and maintain BMPs to minimize the potential for accelerated erosion and sedimentation and to manage post-construction stormwater. E&S BMPs are required even when the disturbance is under 5,000 square feet, both for agricultural plowing or tilling and animal heavy use areas and for other earth disturbance such as pond excavation or embankment work. [3][10][11]

Outside those agricultural activities, a written E&S Plan is required when total disturbance will be 5,000 square feet or more, when Chapter 102 or other DEP regulations require one, or at any size when, because of its proximity to existing drainage features or patterns, the work has the potential to discharge to a High Quality or Exceptional Value (HQ/EV) water. Separately, earth disturbance of 1 acre or more, or earth disturbance on any part or stage of a larger common plan of development or sale involving 1 acre or more, needs an individual NPDES permit or general-permit coverage for construction stormwater before it begins; this permit threshold excludes agricultural plowing or tilling, animal heavy use areas, timber harvesting and road maintenance. [3][4]

DEP's pond guidance says that whether or not pond work needs a Chapter 105 authorization, developing an E&S plan and implementing and maintaining E&S BMPs is required under Chapter 102. DEP directs pond owners to their county conservation district or DEP regional office about E&S plan and permitting requirements. [2]

  • Definition"Earth disturbance activity" means a construction or other human activity that disturbs the land surface, expressly including land clearing and grubbing, grading, excavations, embankments, and the moving, depositing, stockpiling, or storing of soil, rock or earth materials.

    Applies when: Covers pond excavation ("excavations") and embankment construction ("embankments"), plus spoil stockpiling 25 Pa. Code § 102.1 (definition of "Earth disturbance activity") [10]
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    Earth disturbance activity—A construction or other human activity which disturbs the surface of the land, including land clearing and grubbing, grading, excavations, embankments, land development, agricultural plowing or tilling, operation of animal heavy use areas, timber harvesting activities, road maintenance activities, oil and gas activities, well drilling, mineral extraction, and the moving, depositing, stockpiling, or storing of soil, rock or earth materials.
    Open Pennsylvania Code & Bulletin (opens in a new tab)

  • RequirementChapter 102 requires every person proposing or conducting earth disturbance activities to develop, implement and maintain BMPs to minimize the potential for accelerated erosion and sedimentation and to manage post-construction stormwater.

    Applies when: Any earth disturbance activity, regardless of size 25 Pa. Code § 102.2(a) [11]
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    This chapter requires persons proposing or conducting earth disturbance activities to develop, implement and maintain BMPs to minimize the potential for accelerated erosion and sedimentation and to manage post construction stormwater.
    Open Pennsylvania Code & Bulletin (opens in a new tab)

  • RequirementDEP's pond guidance: whether or not pond work requires a Chapter 105 authorization, developing an E&S plan and implementing and maintaining E&S BMPs is required under Chapter 102, and DEP directs owners to their county conservation district or DEP regional office about E&S plan and permitting requirements. For maintenance dredging waived from Chapter 105 permitting, DEP says pond and dam owners should still obtain E&S plan approval from their county conservation district.

    DEP, Introduction to Ponds and Chapter 105 (web page) [2]
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    Pond and dam owners should still obtain Erosion and Sediment Control Plan approval from their County Conservation District. ... Note: While the activities described below may or may not require Chapter 105 authorization, the development of an erosion and sedimentation control plan and the implementation and maintenance of erosion and sedimentation control Best Management Practices is required under Chapter 102. Please contact your County Conservation District or the applicable DEP Regional Office regarding erosion and sedimentation control plan and permitting requirements for your project.
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

  • Size cutoffFor earth disturbance other than agricultural plowing/tilling or animal heavy use areas (i.e., construction such as pond excavation or embankment work): E&S BMPs must be implemented and maintained even for disturbances under 5,000 square feet, and a written E&S Plan must be developed and implemented if one or more of these apply: (i) total earth disturbance will be 5,000 square feet (464.5 m²) or more; (ii) the person is required to develop an E&S Plan under Chapter 102 or other DEP regulations; or (iii) because of its proximity to existing drainage features or patterns, the activity has the potential to discharge to a water classified as High Quality or Exceptional Value under Chapter 93.

    Applies when: Earth disturbance other than agricultural plowing/tilling or animal heavy use areas 25 Pa. Code § 102.4(b)(1)-(2) [3]
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    E&S BMPs are required ... including those activities which disturb less than 5,000 square feet ... shall develop and implement a written E&S Plan under this chapter if one or more of the following criteria apply: ... will result in a total earth disturbance of 5,000 square feet (464.5 square meters) or more. ... is required to develop an E&S Plan under this chapter or under other Department regulations. ... because of its proximity to existing drainage features or patterns, has the potential to discharge to a water classified as a High Quality or Exceptional Value water
    Open Pennsylvania Code & Bulletin (opens in a new tab)

  • Size cutoffNPDES construction stormwater permit threshold: other than agricultural plowing/tilling, animal heavy use areas, timber harvesting or road maintenance, anyone proposing earth disturbance of 1 acre (0.4 hectare) or more - or earth disturbance on any portion, part or stage of a larger common plan of development or sale involving 1 acre or more - must obtain an individual NPDES permit or coverage under a general NPDES permit for Stormwater Discharges Associated With Construction Activities before commencing the earth disturbance.

    Applies when: Pond construction (excavation, embankment, spoil, access) totaling >= 1 acre of earth disturbance 25 Pa. Code § 102.5(a) [4]
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    Other than agricultural plowing or tilling activities, animal heavy use areas, timber harvesting activities or road maintenance activities, a person proposing an earth disturbance activity that involves equal to or greater than 1 acre (0.4 hectare) of earth disturbance, or an earth disturbance on any portion, part, or during any stage of, a larger common plan of development or sale that involves equal to or greater than 1 acre ... shall obtain an individual NPDES Permit or coverage under a general NPDES permit ... prior to commencing the earth disturbance activity.
    Open Pennsylvania Code & Bulletin (opens in a new tab)

Full detail: 114 verified statements

Water rights and water use

A DEP information sheet says water flowing in defined watercourses is treated under the riparian doctrine: rights arise from owning land that borders or underlies a stream, a riparian right is the right to use water flowing in a stream on riparian land, and no right to divert a specific quantity of water is obtained. Pennsylvania's 1939 Water Rights Law defines water rights as the right to take or divert water from rivers, streams, natural lakes and ponds or other surface waters, and its permit requirement for new water rights or a new source of supply is imposed on public water supply agencies (corporations, municipal or quasi-municipal bodies, districts or authorities vested with the power to supply water to the public). [40][41]

Pennsylvania's water-use registration rule, 25 Pa. Code Chapter 110, requires registration with DEP when a person's total withdrawal from a point of withdrawal, or from multiple points operated as a system, within a watershed exceeds an average of 10,000 gallons per day (gpd) in any 30-day period. Under the Water Resources Planning Act, "surface water" includes water in a pond, whether natural or artificial, and a "withdrawal" is removing or taking water from any water resource, whether or not it is returned. [16][42]

DEP's pond guidance says a water withdrawal intake in a pond may require a Water Obstruction and Encroachment Permit, and an intake pipe or channel carrying water from a watercourse to an off-stream pond may require a permit such as General Permit 4 (GP-4). Depending on the amount and purpose of the withdrawal, DEP says approvals may also be needed from its Safe Drinking Water Program or the applicable river basin commission, and in any case withdrawals may not be of a rate or volume that dries up or otherwise degrades the water resource. [2]

  • DefinitionA DEP information sheet states that water flowing in defined watercourses is treated under the riparian doctrine: rights arise from owning land underlying or bordering a stream, a riparian right is a right to use water flowing in a stream on riparian land, and no right to divert a specific quantity of water is obtained.

    DEP, "Can I Use Water From This Stream?" Riparian Doctrine Information, items 1-3 [40]
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    Water flowing in defined watercourses is treated under riparian doctrine1. ... Rights arise from ownership of real property underlying or bordering a stream or river. ... A riparian right is the right to use water flowing in a stream on riparian land. No right to divert a specific quantity of water is obtained.
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

  • DefinitionPennsylvania's Water Rights Law (Act 365 of 1939) defines 'water rights' as the right to take or divert water from rivers, streams, natural lakes and ponds, or other surface waters, and its permit requirement for acquiring new water rights or a new source of supply is imposed on a 'public water supply agency' (a corporation, municipal or quasi-municipal body, district or authority vested with power to supply water to the public).

    Act of June 24, 1939, P.L. 842, No. 365 (Water Rights Law), §§ 1(b), 1(e), 6 [41]
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    "Public water supply agency" shall mean any corporation or any municipal or quasi-municipal corporation, district, or authority, ... vested with the power, authority, right, or franchise to supply water to the public ... "Water rights" shall mean the right to take or divert water from any rivers, streams, natural lakes and ponds, or other surface waters ... Any such public water supply agency desiring to acquire new water rights, a new source of water supply, ... shall make application to the board for a permit
    Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

  • Size cutoffDEP water-use registration is required for each person whose total withdrawal from a point of withdrawal, or from multiple points of withdrawal operated as a system (concurrently or sequentially) within a watershed, exceeds an average rate of 10,000 gallons per day in any 30-day period. Owners of public water supply agencies and hydropower facilities must also register, with no volume threshold stated for them.

    Applies when: Withdrawals (e.g., pumping from a stream, well or pond for irrigation or pond filling) averaging more than 10,000 gpd over any 30 days 25 Pa. Code § 110.201(1)-(3) [16]
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    The following persons shall register the information specified in § 110.203 (relating to content of registration) with the Department: ... (1) Each owner of a public water supply agency. ... (2) Each owner of a hydropower facility. ... (3) Each person whose total withdrawal from a point of withdrawal, or from multiple points of withdrawal operated as a system either concurrently or sequentially, within a watershed exceeds an average rate of 10,000 gallons per day in any 30-day period.
    Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

  • DefinitionUnder the Water Resources Planning Act's definitions (27 Pa.C.S. § 3102), 'surface water' expressly includes water in a lake, reservoir, pond, spring or wetland, and diffused surface water, 'whether such body of water is natural or artificial'; 'withdrawal' means removing or taking water from any water resource, whether or not it is returned.

    27 Pa.C.S. § 3102 (definitions of "Surface water" and "Withdrawal") [42]
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    "Surface water." Water on the surface of the earth, including water in a perennial or intermittent watercourse, lake, reservoir, pond, spring, wetland, estuary, swamp or marsh, or diffused surface water, whether such body of water is natural or artificial. ... "Withdrawal." The removal or taking of water from any water resource, whether or not returned to the water resource.
    Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

  • RequirementDEP's pond FAQ says that a water withdrawal intake in a pond may require a Water Obstruction and Encroachment Permit, and that depending on the amount and purpose of the withdrawal, approvals may be needed from DEP's Safe Drinking Water Program or the applicable river basin commission (SRBC or DRBC); in any case, withdrawals may not be of such rate or volume as to dry up or otherwise degrade the water resource.

    Applies when: Installing an intake to withdraw water from a pond DEP, Introduction to Ponds and Chapter 105 (FAQ: "Do I need a permit for a water withdrawal intake in my pond?") [2]
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    Do I need a permit for a water withdrawal intake in my pond? ... A Water Obstruction and Encroachment Permit may be required. ... In addition, depending on the amount of water proposed to be withdrawn and the purpose of the withdrawal, approvals may be needed from the DEP Safe Drinking Water Program or the applicable river basin commissions, such as the Susquehanna River Basin Commission and the Delaware River Basin Commission. In any case, water withdrawals may not be of such rate or volume so as to dry up a water resource or otherwise degrade the water resource.
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

Full detail: 59 verified statements

Floodplain development

To find out whether a site is in a mapped flood hazard area, PEMA says to consult the FEMA Flood Insurance Rate Map or contact the community's floodplain administrator; FEMA's Map Assistance Center (1-877-336-2627) can help interpret the maps. PEMA says administering and enforcing floodplain management is the municipality's responsibility, and its 2025 guide says the municipality must issue a floodplain development permit, or its equivalent, before any development in the Special Flood Hazard Area (SFHA). [7][9][43]

Pond excavation and fill count as development. The federal NFIP rules and PEMA's guide both list excavation, filling and grading as development, and Pennsylvania's regulations require municipal floodplain rules to cover, at a minimum, filling, grading and excavation within areas subject to the 100-year flood, so digging a pond or placing embankment fill there falls within the minimum scope of municipal floodplain regulation. The Flood Plain Management Act's list of farm activities that are not "obstructions" covers planting, cultivating and harvesting field and orchard crops, grazing livestock, and maintaining necessary appurtenant agricultural fencing; ponds, excavation and embankments are not on that list. [7][29][44][46]

Where in the floodplain the pond sits matters. Under the federal NFIP rules, a community must prohibit fill and other encroachments in an adopted regulatory floodway unless hydrologic and hydraulic analyses show no increase in flood levels during the base flood (PEMA's guide puts the permissible rise at zero). In Zones A1-30/AE where no floodway has been designated, the same rules allow development only if its cumulative effect with all other existing and anticipated development will not raise the base flood elevation more than one foot at any point in the community. A community may permit a floodway encroachment that raises base flood elevations, or development in Zones A1-30, AE or AH that raises them more than one foot, only after it applies for, and FEMA approves, a conditional revision of the Flood Insurance Rate Map (and, for a floodway, of the floodway) under 44 CFR 65.12. [7][45]

  • AgencyPEMA states that proper administration and enforcement of floodplain management activities is a municipality's responsibility, that the state NFIP Coordinator administers the program in accordance with the Floodplain Management Act, and that all municipalities with a FEMA-identified Special Flood Hazard Area must participate in the NFIP under Chapter 2 of the Act.

    PEMA, "Laws, Acts, and Regulations" web page (Floodplain Management Act of 1978) [43]
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    Proper administration and enforcement of floodplain management activities, in accordance with requirements, is a municipality's responsibility; the state's National Flood Insurance Program Coordinator administers the program in accordance with this act.All municipalities with a Federal Emergency Management Agency-identified Special Flood Hazard Area must participate in the National Flood Insurance Program, as per Chapter 2 of this act.
    Open Pennsylvania Emergency Management Agency (PEMA) (opens in a new tab)

  • ProcessPEMA's 2025 guide says the municipality must issue a floodplain development permit, or its equivalent, before any development in the Special Flood Hazard Area (SFHA). For NFIP purposes, development includes excavation, filling, paving, drilling, mining, dredging, land clearing and grading. PEMA says it is each municipality's responsibility to adopt and enforce floodplain rules meeting NFIP criteria, and a municipality may exceed the NFIP minimums.

    Applies when: Dug-out pond excavation or embankment fill anywhere in a mapped SFHA (Zones A, AE, AH, AO, etc.) PEMA, Pennsylvania Floodplain Development Guide (June 2025), §§ 1, 4 and Step 3 [7]
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    It is the responsibility of each municipality to adopt and enforce regulations for floodplain development that meet NFIP criteria. Municipalities may elect to develop ordinances, regulations, and policies that exceed NFIP minimum requirements. ... excavation, filing, paving, drilling, driving of piles, mining, dredging, land clearing, grading, and permanent storage of materials and/or equipment. ... A floodplain development permit (or its equivalent) must be issued by the municipality before development activities occur within the SFHA.
    Open Pennsylvania Emergency Management Agency (PEMA) (opens in a new tab)

  • RequirementAt a minimum, a municipality's floodplain management regulations must apply to these kinds of work within areas subject to the 100-year flood: (i) completely new buildings or structures; (ii) substantial improvements to existing buildings or structures; and (iii) any man-made change to improved or unimproved real estate, including filling, grading, paving, excavation, mining, dredging and drilling. Excavating a dug-out pond or placing embankment fill in the 100-year floodplain therefore falls within the minimum scope of municipal floodplain regulation.

    Applies when: Any pond excavation, embankment or grading within the 100-year floodplain 12 Pa. Code § 113.8(a)(5) [29]
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    At a minimum the floodplain management regulations of municipalities shall apply to the following kinds of construction and development activities within areas subject to the 100-year flood: (i) Completely new buildings or structures. (ii) Substantial improvements to existing buildings or structures. (iii) A man-made change to improved or unimproved real estate, including, but not limited to, filling, grading, paving, excavation, mining, dredging and drilling operations.
    Open Pennsylvania Code & Bulletin (pacodeandbulletin.gov) (opens in a new tab)

  • DefinitionThe Act defines "obstruction" as any structure or assembly of materials, including fill, above or below the surface of land or water, and any activity that might impede, retard or change flood flows. Planting, cultivating and harvesting field and orchard crops, grazing livestock, and maintaining necessary appurtenant agricultural fencing are not obstructions and are not regulated under the Act. "Fill" means sand, gravel, earth or other material placed or deposited to form an embankment or raise the elevation of the land surface.

    Applies when: A pond embankment, spoil pile or other fill placed in a floodplain Flood Plain Management Act § 104 (definitions of "Fill" and "Obstruction") (32 P.S. § 679.104) [44]
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    Sand, gravel, earth or other material placed or deposited so as to form an embankment or raise the elevation of the land surface. ... "Obstruction." Any structure or assembly of materials including fill above or below the surface of land or water, and an activity which might impede, retard or change flood flows. The planting, cultivation and harvesting of field and orchard crops or the grazing of livestock, including the maintenance of necessary appurtenant agricultural fencing, shall not be considered an "obstruction"
    Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

  • Size cutoffIn a community with an adopted regulatory floodway, encroachments in the floodway (including fill, new construction, substantial improvements and other development) must be prohibited unless hydrologic and hydraulic analyses show no increase in flood levels during the base flood discharge. Until a regulatory floodway is designated in Zones A1-30/AE, development (including fill) is allowed only if its cumulative effect with all other existing and anticipated development will not raise the base flood elevation more than one foot at any point within the community. Exceptions: a community may permit a floodway encroachment that raises base flood elevations, or approve development in Zones A1-30, AE or AH that raises them more than one foot, only after it first applies for a conditional FIRM (and, for floodways, floodway) revision under 44 CFR 65.12 and receives FEMA approval.

    Applies when: Pond embankment, spoil or other fill in an AE zone or regulatory floodway 44 CFR 60.3(c)(10), (c)(13), (d)(3), (d)(4) [45]
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    no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE ... will not increase the water surface elevation of the base flood more than one foot at any point ... may approve certain development in Zones Al-30, AE, and AH ... conditional FIRM revision ... Prohibit encroachments, including fill ... within the adopted regulatory floodway unless ... any increase in flood levels ... may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations ... floodway revision
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Full detail: 64 verified statements

Fish, wildlife and natural heritage review (PNDI)

Anyone proposing earth disturbance that requires a Chapter 102 permit must provide proof of consultation with the Pennsylvania Natural Heritage Program about the presence of State or Federal threatened or endangered species on the project site. Those permits include the NPDES construction stormwater permit, which must be obtained before starting earth disturbance of 1 acre or more, or disturbance within a larger common plan of development or sale of 1 acre or more; agricultural plowing or tilling, animal heavy use areas, timber harvesting and road maintenance are excluded. [4][47]

DEP states that coordination with the Pennsylvania Natural Heritage Program about Federal threatened and endangered species and State threatened and endangered species or species of special concern on the project site is a Chapter 105 regulatory requirement, and that applicants must submit a Pennsylvania Natural Diversity Inventory (PNDI) receipt with Chapter 105 water obstruction and encroachment permit applications and registrations as proof. DEP's dam permit instructions (Rev. 6/2018) call for the completed and approved PNDI results to be provided. [8][48][50]

An online PNDI receipt from DCNR's PA Conservation Explorer costs $40 per project as of September 2026, although federal, state or local government employees who must create receipts as part of their job may qualify for an exemption. A project can instead be submitted for review offline, free of charge, to all four jurisdictional agencies: DCNR, the Game Commission, the Fish and Boat Commission and the U.S. Fish and Wildlife Service (DEP's instructions describe this free route as being for users without access to a computer). [8][49][51]

  • RequirementAnyone proposing or conducting an earth disturbance activity that requires a Chapter 102 permit must provide proof of consultation with the Pennsylvania Natural Heritage Program (PNHP) regarding the presence of a State or Federal threatened or endangered species on the project site. If DEP or the conservation district determines, based on PNHP data or other sources, that the activity may adversely impact the species or critical habitat, the applicant must consult with DEP or the conservation district to avoid or prevent the impact.

    Applies when: Pond earthwork that needs a Chapter 102 permit (see the 1-acre NPDES threshold in § 102.5(a)). 25 Pa. Code § 102.6(a)(2) [47]
    Show the source text
    which requires a permit under § 102.5 ... shall: ... (2) Provide proof of consultation with the Pennsylvania Natural Heritage Program (PNHP) regarding the presence of a State or Federal threatened or endangered species on the project site. If the Department or conservation district determines, based upon PNHP data or other sources, that the proposed earth disturbance activity may adversely impact the species or critical habitat, the person proposing the earth disturbance activity shall consult with the Department or conservation district to avoid or prevent the impact.
    Open Pennsylvania Code & Bulletin (opens in a new tab)

  • Size cutoffThe Chapter 102 permit that triggers the § 102.6(a)(2) PNHP/PNDI consultation includes the NPDES construction stormwater permit: other than agricultural plowing or tilling, animal heavy use areas, timber harvesting or road maintenance, a person proposing earth disturbance of 1 acre (0.4 hectare) or more, or disturbance within a larger common plan of development or sale of 1 acre or more, must obtain an individual or general NPDES permit before starting the earth disturbance.

    25 Pa. Code § 102.5(a) [4]
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    Other than agricultural plowing or tilling activities, animal heavy use areas, timber harvesting activities or road maintenance activities, a person proposing an earth disturbance activity that involves equal to or greater than 1 acre (0.4 hectare) of earth disturbance, or an earth disturbance on any portion, part, or during any stage of, a larger common plan of development or sale that involves equal to or greater than 1 acre ... shall obtain an individual NPDES Permit or coverage under a general NPDES permit ... prior to commencing the earth disturbance activity.
    Open Pennsylvania Code & Bulletin (opens in a new tab)

  • RequirementDEP states that coordination with the Pennsylvania Natural Heritage Program about Federal threatened and endangered species and State threatened and endangered species or species of special concern on the project site is a 25 Pa. Code Chapter 105 regulatory requirement, and applicants must submit a PNDI Receipt with the permit application or registration as proof of that coordination. The receipt is valid for two years from the date of the search.

    Applies when: Chapter 105 permit applications and registrations that include DEP's Environmental Assessment (E.A.) Form. DEP, Environmental Assessment Form Instructions (3150-PM-BWEW0017, Rev. 3/2022), Module S2, section "Habitat for Federal threatened and endangered (T&E) plant and animal species or State T&E species or species of special concern" [48]
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    Coordination with the Pennsylvania Natural Heritage Program (PNHP) regarding the presence of Federal threatened and endangered (T&E) species and State T&E or species of special concern on the project site is a 25 Pa Code Chapter 105 regulatory requirement. ... Upon completion of the review, a PNDI Receipt, valid for a period of two years from the date the search was conducted, is automatically available for printing. To provide proof of coordination with PNHP and PNDI, applicants must submit a PNDI Receipt as part of the permit application/registration.
    Open Pennsylvania DEP, Bureau of Waterways Engineering and Wetlands (opens in a new tab)

  • RequirementThe Joint Permit Application instructions for Water Obstruction and Encroachment permits list a PNDI search as a checklist item: coordination with PNHP about Federal and State threatened and endangered species or species of special concern is a regulatory requirement for the permit application or registration, and a PNDI Receipt (valid two years from the search date) must be submitted as proof. The receipt may direct further coordination with the U.S. Fish and Wildlife Service through its IPaC tool, in which case the IPaC submission and results must also be provided with the application.

    Applies when: Chapter 105 Water Obstruction and Encroachment permit applications and general permit registrations. DEP, Joint Permit Application Instructions (3150-PM-BWEW0036, Rev. 10/2025), checklist item e [8]
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    Coordination with the Pennsylvania Natural Heritage Program (PNHP) regarding the presence of Federal Threatened and Endangered (T&E) species and State T&E species or species of special concern on the project site is a regulatory requirement for this permit application/registration. ... a PNDI Receipt, valid for a period of two years from the date the search was conducted ... the receipt may direct further coordination with the U.S. Fish and Wildlife Service (USFWS) ... IPaC submissions and results must also be provided with the permit application.
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

  • FeeA PNDI Receipt generated online through the PA Conservation Explorer costs $40 per project, paid by credit card; federal, state or local government employees who must create PNDI receipts as part of their job may qualify for an exemption. Users may instead submit their project for review offline free of charge, but must then coordinate with all four jurisdictional agencies regardless of potential impacts.

    PA Conservation Explorer, "Environmental Review" page [49]
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    PNDI Receipts: Users who require a PNDI receipt will pay $40 per project using a credit card. If you are a federal, state,or local government employee who must create PNDI receipts as part of your job, you may qualify for exemption. ... Users can opt to submit their project for review offline free of charge. Applicants must coordinate with all four jurisdictional agencies regardless of potential impacts on species.
    Open Pennsylvania Department of Conservation and Natural Resources (PNHP) (opens in a new tab)

Full detail: 76 verified statements

NRCS pond standard (CPS 378) and technical help in Pennsylvania

NRCS Pennsylvania's Pond standard (Conservation Practice Standard 378, dated October 2023) is the active Pond (378) standard on the state's online Field Office Technical Guide (eFOTG) as of Sept. 28, 2026. Its general criteria, which apply to all ponds under the standard, require the pond to be planned, designed and built to comply with all Federal, State and local laws and regulations, and require the landowner to obtain all necessary permits for project installation before construction. [52][53][54]

The standard's criteria name no specific DEP permit, dam-permit threshold or permit waiver; the only Pennsylvania law it names is 25 Pa. Code Chapter 105 (DEP), in its references list. DEP's "Introduction to Ponds and Chapter 105" web page says Chapter 105 requires a Dam Permit from DEP's Division of Dam Safety to build a dam when one of these applies: the dam is across a watercourse with more than 100 acres of contributory drainage, the maximum water depth measured at the upstream toe to the top of the dam is more than 15 feet, or the impounding capacity is more than 50 acre-feet. [2][53]

DEP says it does not provide advice, guidance or assistance on pond design or construction methods, and that anyone planning a pond should first call DEP to learn what authorizations, regulatory requirements and potential mitigation may be involved. DEP suggests owners may also seek advice from NRCS, the Pennsylvania Fish and Boat Commission or Penn State Extension, but says these agencies and consultants are not the appropriate resource or authorized to provide regulatory interpretation; some county conservation districts that are delegated parts of Chapter 105 can give some advice. [2]

  • StatusThe current Pennsylvania NRCS Pond (378) documents on the Field Office Technical Guide (eFOTG, Pennsylvania state code 42, Section 4 'Pond (378)' folder) are: '378 PA CPS Pond 2023' (resource 43827, revision date 2023-10-01, last changed 2024-01-03), plus the '378 PA SOW Pond 2023' Statement of Work, the '378 PA Practice Specification Pond 2023', and the '378 PA Design and Check Data Pond 2023'. The standard itself is served at https://efotg.sc.egov.usda.gov/api/CPSFile/43827/378_PA_CPS_Pond_2023.

    NRCS eFOTG (Pennsylvania), Section 4 > Conservation Practice Standards & Support Documents > Pond (378) folder listing (folderId -173) [52]
    Show the source text
    "resourceId":43827 ... "folderId":-173 ... "resourceRevisionDate":"2023-10-01T00:00:00","stateCode":"42" ... "lastChangeDate":"2024-01-03T14:54:38" ... "resourceTitle":"378 PA CPS Pond 2023" ... "resourceTitle":"378 PA SOW Pond 2023" ... "resourceTitle":"378 PA Practice Specification Pond 2023" ... "resourceTitle":"378 PA Design and Check Data Pond 2023"
    Open USDA NRCS eFOTG (opens in a new tab)

  • RequirementGeneral criteria for all 378 ponds: the pond must be planned, designed and constructed to comply with all Federal, State and local laws and regulations; landowners and/or contractors must be told they are responsible for locating all buried utilities in the project area (including drainage tile); and the landowner is required to obtain all necessary permits for project installation before construction.

    NRCS Pennsylvania Conservation Practice Standard Pond (Code 378), 378-CPS (NRCS, PA, October 2023), Criteria - General Criteria Applicable to All Ponds (p. 378-CPS-2) [53]
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    Plan, design, and construct the pond to comply with all Federal, State, and local laws and regulations. Notify landowners and/or contractor of their responsibility to locate all buried utilities in the project area, including drainage tile and other structural measures. The landowner is also required to obtain all necessary permits for project installation prior to construction.
    Open USDA NRCS Pennsylvania (eFOTG) (opens in a new tab)

  • The only Pennsylvania law the PA 378 standard names is in its REFERENCES list: 'PA Code, Title 25, Chapter 105, Pennsylvania Department of Environmental Protection'. The criteria refer generally to Federal, State and local laws and to a pool drain 'if required by State law', but do not name any specific DEP permit, dam-permit threshold, or permit waiver; other Pennsylvania items referenced are Penn State/PFBC pond-management publications and (for wetland embankment inlets) PennDOT precast concrete inlet boxes.

    NRCS Pennsylvania Conservation Practice Standard Pond (Code 378), 378-CPS (NRCS, PA, October 2023), References (p. 378-CPS-12) and Table 4 note 4/ (p. 378-CPS-10) [53]
    Show the source text
    4/ PennDOT precast concrete inlet boxes are acceptable alternatives. ... Management of Fish Ponds in Pennsylvania, Penn State Publications Distribution Center, Pennsylvania State University. ... PA Code, Title 25, Chapter 105, Pennsylvania Department of Environmental Protection ... Pond Management & Aquatic Plant Control, Pennsylvania Fish and Boat Commission and Pennsylvania State University College of Agricultural Sciences.
    Open USDA NRCS Pennsylvania (eFOTG) (opens in a new tab)

  • Size cutoffPA DEP's 'Introduction to Ponds and Chapter 105' page says Chapter 105 requires a Dam Permit from DEP's Division of Dam Safety to construct a dam when one of the following applies: the dam is across a watercourse where the contributory drainage area exceeds 100 acres; OR the maximum depth of water measured at the upstream toe to the top of the dam is greater than 15 feet; OR the impounding capacity is greater than 50 acre-feet.

    Applies when: Embankment ponds PA DEP, "Introduction to Ponds and Chapter 105" web page - Ponds with a Regulated Dam [2]
    Show the source text
    Chapter 105 Rules and Regulations require a person to obtain a Dam Permit from DEP's Division of Dam Safety to construct a dam when one of the following applies: The construction of a dam across a watercourse where the contributory drainage area exceeds 100 acres; or The maximum depth of water measured at the upstream toe to the top of the dam is greater than 15 feet; or The impounding capacity is greater than 50-acre feet.
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

  • AgencyPA DEP says it does not provide advice or assistance on pond design or construction and that anyone planning a pond should first call DEP about authorizations, regulatory requirements and possible mitigation. DEP suggests owners may seek design advice from NRCS, the Pennsylvania Fish and Boat Commission or Penn State Extension, but states these agencies (and consultants) are not the appropriate resource or authorized to provide regulatory interpretation; some delegated county conservation districts can give some advice.

    PA DEP, "Introduction to Ponds and Chapter 105" web page - New Pond Construction General Information [2]
    Show the source text
    DEP does not provide advice, guidance, or assistance with pond design or construction methods. Anyone interested in constructing a pond should first call DEP to determine what authorizations, regulatory requirements, and potential mitigation may be involved. You may also want to seek advice from the Natural Resource Conservation Service ... However, please recognize that these agencies and consultants are not the appropriate resource or authorized to provide regulatory interpretation. Some County Conservation Districts are delegated certain portions of Chapter 105, they can give some advice
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

Full detail: 54 verified statements

Federal permits in Pennsylvania

EPA says Clean Water Act programs, including Section 404, address "navigable waters," which the statute defines as "the waters of the United States, including the territorial seas." Which federal definition of that term applies depends on the state. EPA's Rule Status page (last updated September 9, 2026) says EPA and the Army are implementing the January 2023 Rule as amended by the September 2023 conforming rule (the "Amended 2023 Rule," 33 CFR 328.3 / 40 CFR 120.2) in 24 states, the District of Columbia and the U.S. Territories. In the other 26 states, the page says, the agencies are interpreting the term consistent with the pre-2015 regulatory regime and the Supreme Court's Sackett decision until further notice. Pennsylvania is one of the 24 states where the Amended 2023 Rule applies, although EPA says its state-by-state map is for informational purposes only and cannot be relied on for specific determinations or other legal purposes. [55][56]

Under the Amended 2023 Rule, artificial lakes or ponds created by excavating or diking dry land to collect and retain water and used exclusively for such purposes as stock watering, irrigation, settling basins or rice growing are not waters of the United States, and neither are artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating or diking dry land to retain water for primarily aesthetic reasons. The agencies say the artificial lakes and ponds exclusion applies only to features excavated or diked in dry land and does not cover impoundments of waters of the United States, such as a dam across a jurisdictional stream. Impounding a water of the United States does not make it non-jurisdictional, so a pond made by damming a jurisdictional stream generally remains a water of the United States. [57][58]

PROPOSED, not in effect: EPA and the Army published a proposed revision of the definition on November 20, 2025 and a supplemental proposal on September 9, 2026; comments on the supplemental proposal must be received on or before October 9, 2026. As of September 28, 2026, neither is a final rule. [59][60]

Corps regulations require a Department of the Army permit for the discharge of dredged or fill material into waters of the United States, except discharges exempted by 33 CFR 323.4. The regulations define the discharge of fill material as the addition of fill material into waters of the United States, and say the term generally includes, without limitation, dams and dikes and the building of any structure, infrastructure or impoundment requiring rock, sand, dirt or other material. In its 2026 nationwide permit rule, the Corps said that, unless exempted under Section 404(f), excavation in waters of the United States that results in more than incidental fallback requires Section 404 authorization. [61][62]

EPA says only Michigan and New Jersey currently implement their own Section 404 programs for assumable waters, and the Corps is primarily responsible for issuing Section 404 permits in the rest of the United States. DEP's pond guidance says federal Section 404 authorization is required for the discharge of fill into waters of the United States, which may include the pond activities it describes, and refers owners to the Corps' Philadelphia, Baltimore and Pittsburgh Districts. [2][63]

The Clean Water Act says that, except as provided in Section 404(f)(2), the discharge of dredged or fill material for the purpose of construction or maintenance of farm or stock ponds is not prohibited by or otherwise subject to regulation under Section 404. Under the Corps regulations, such a discharge still requires a Section 404 permit if it contains a toxic pollutant listed under Section 307. Under the recapture provision in the same regulations, a discharge incidental to an exempt activity must have a permit if it is part of an activity whose purpose is to convert an area of waters of the United States into a use to which it was not previously subject, where the flow or circulation of waters of the United States may be impaired or the reach of such waters reduced. EPA's exemptions page lists construction and maintenance of farm or stock ponds as exempt, but says a listed activity is not exempt if it represents a new use of the water and would result in a reduction in reach or impairment of flow or circulation of regulated waters, including wetlands; EPA says both conditions must be met for the activity to be non-exempt. EPA directs people to their local Corps District office or EPA regional office to find out whether specific activities are exempt. Corps district engineers are authorized to issue formal determinations on whether statutory exemptions apply to proposed activities, and such a determination is a Corps final agency action. [61][64][65][66]

Nationwide Permit 40 (Agricultural Activities) is one of the 2026 nationwide permits, which took effect March 15, 2026. A note to NWP 40 says it authorizes construction of farm ponds that do not qualify for the Section 404(f)(1)(C) exemption because of the recapture provision at Section 404(f)(2). The permit authorizes construction of farm ponds in non-tidal waters of the United States, excluding perennial streams, provided the farm pond is used solely for agricultural purposes; it does not authorize construction of aquaculture ponds. Under NWP 40, the discharge must not cause the loss of more than 1/2 acre of non-tidal waters of the United States, and the permittee must submit a pre-construction notification to the district engineer before starting the activity. In the 2026 rule the Corps said that on receiving that notification, the district engineer will determine whether the proposed activity is an agricultural activity. The Baltimore District says most NWPs have been suspended in the Baltimore and Philadelphia Districts' areas of responsibility within Pennsylvania (see the Joint Permit Application section below). [62][67]

Official sources disagree

  • Sources give different expiration dates for the 2026 Nationwide Permits. The Corps' January 8, 2026 Federal Register final rule says the NWPs will go into effect on March 15, 2026 and will expire on March 15, 2031. The Baltimore District's Pennsylvania permits page gives the same effective date but says they will expire on March 14, 2031. [62][67]
  • DEP's conditional SWQC for PASPGP-7 (56 Pa.B. 284) says two different things about project-specific certifications. It says the certification is for applicants seeking PASPGP-7 coverage and is available only for projects needing no federal authorization other than Corps authorization under Clean Water Act Section 404 or Rivers and Harbors Act Section 10, and that applicants for activities not eligible for PASPGP-7, or needing another federal authorization, must request a project-specific SWQC. Its condition 4, however, says applicants and projects eligible for PASPGP-7 must obtain all state permits or approvals, including a project-specific SWQC. [68]

Applying through DEP: the Joint Permit Application and PASPGP-7

DEP says it has a joint application process with the Corps for Clean Water Act Section 404 and Rivers and Harbors Act Section 10 permits, under which it reviews the Chapter 105 applications it receives as a one-stop shop for state and federal permitting. In most instances DEP or a delegated county conservation district can issue both the state and the federal authorization; if DEP cannot issue the federal authorization, it forwards the application to the Corps for review. The Pittsburgh District likewise says Pennsylvania applications are submitted directly to the state, which forwards them to the Corps if a Corps review is required; if not, federal authorization is issued along with the state's authorization. [5][69]

DEP's Joint Permit Application instructions say the applicant submits three complete application packages to the appropriate DEP regional office (DEP keeps one and forwards one to the Corps and one to the Pennsylvania Fish and Boat Commission) or submits a complete package through DEP's OnBase Public Upload, and that on favorable review the applicant may receive both state and federal permits. For a project requiring a Dam Permit, DEP's dam permit instructions say DEP determines whether the project is eligible for federal authorization under the most recent Pennsylvania State Programmatic General Permit (PASPGP) and, if required, forwards a copy of the application to the appropriate Corps District office. [8][50]

As of September 28, 2026 the PASPGP in effect is PASPGP-7, issued for a five-year period by the Corps' Baltimore, Philadelphia and Pittsburgh Districts. It took effect July 1, 2026 and expires June 30, 2031, replacing PASPGP-6, which expired June 30, 2026. It authorizes work in waters of the United States, within portions of Pennsylvania, that has no more than minimal adverse environmental effects, individually and cumulatively, subject to the permit's specific terms and conditions. [67][70][71]

Single and complete projects that would cause a total of more than 0.5 acre of permanent loss of waters of the United States, including jurisdictional wetlands, are not eligible for PASPGP-7, except for certain listed activities. Single and complete projects that would cause a permanent loss of more than 1,000 linear feet of jurisdictional stream channel are also not eligible. Ineligible projects need a separate Corps permit application. A project is Non-Reporting to the Corps, with no project-specific Corps review, when its overall impacts to waters of the United States, including jurisdictional wetlands, are no more than 1.00 acre temporary; no more than 0.25 acre permanent; and no more than 250 linear feet and/or 0.03 acre (1,307 square feet), whichever is less, of permanent impacts to jurisdictional waters such as streams, rivers, ponds, lakes and impoundments, excluding wetlands. For maintenance of artificial ponds or impoundments by removing accumulated sediments, PASPGP-7 sets no eligibility threshold limitation and uses a permanent-impact threshold of 0.50 acre instead of 0.25 acre. Its list of Reporting Activities also allows no more than 500 linear feet (with no square-foot limitation) of permanent impacts to jurisdictional open waters for maintenance of existing artificial ponds or impoundments by removing accumulated sediment, instead of the general 250 linear feet/0.03 acre. [71]

A landowner can obtain from the Corps an approved jurisdictional determination, a document stating whether waters of the United States are present on a parcel. EPA says that under existing Corps policy these determinations are generally valid for five years unless new information warrants revision before they expire, and that the definition of waters of the United States that governs one is the definition in effect when the Corps completes it, not when it was requested. PASPGP-7 makes applicants responsible for accurately showing all boundaries of potential waters and/or wetlands, regardless of jurisdictional status, on the project plans. Unless a valid Corps approved jurisdictional determination is submitted with the application, all proposed project impacts to waters and wetlands count toward PASPGP-7's eligibility and reporting thresholds, and an application containing a jurisdictional determination request is handled as a Reporting Activity. [71][72]

DEP's Joint Permit Application instructions say the Corps' Baltimore District covers the Susquehanna River Basin, the Philadelphia District covers the Delaware River Basin, and the Pittsburgh District covers the Ohio River basin and the portions of the Lake Erie and Genesee River basins located in Pennsylvania. The Pittsburgh District says regulatory boundaries are drawn by a combination of state, county and watershed, and tells applicants to pinpoint the project on the USACE Regulatory Boundary Map to confirm the servicing district. The Corps' Regulatory Boundaries locator displays the name, address, phone number and website of the local Corps regulatory office for an address entered or a point clicked on the map. [8][69][73]

The Baltimore District's Pennsylvania permits page says the Baltimore District issued Special Public Notice 26-08 on March 13, 2026, announcing the final suspensions and regional conditions for the 2026 Nationwide Permits in Pennsylvania. The same page says most NWPs have been suspended in the Baltimore and Philadelphia Districts' areas of responsibility within Pennsylvania because PASPGP-6 provides comparable Department of the Army authorization. That sentence still names PASPGP-6, which the same page lists as expiring June 30, 2026. [67]

The Baltimore District's public-notice list for July 27 to September 2, 2026 and the Philadelphia District's public-notice lists from June 15 to September 25, 2026 include no Pennsylvania NWP suspension or revocation notice. [74][75][76]

Section 401 water quality certification in Pennsylvania

Under Clean Water Act Section 401, an applicant for a federal license or permit for an activity that may result in any discharge into the navigable waters must give the permitting agency a certification from the state where the discharge originates or will originate (or, if appropriate, from the interstate water pollution control agency with jurisdiction) that the discharge will comply with the Clean Water Act sections listed in Section 401. The Corps' 2026 nationwide permit rule lists NWP 40 among the nationwide permits that authorize activities that may result in discharges and therefore require Section 401 water quality certification or waiver. [62][77]

In Pennsylvania, the waterways and wetlands programs in DEP's six regional offices process Section 401 water quality certifications. DEP's dam permit instructions say an application for a project requiring a Dam Permit is also considered a request for Section 401 water quality certification. [50][78]

DEP published its conditional State Water Quality Certification (SWQC) for PASPGP-7 on January 10, 2026 (56 Pa.B. 284). DEP says it is available only for projects that need no federal authorization other than Corps authorization under Clean Water Act Section 404 or Rivers and Harbors Act Section 10; applicants for activities not eligible for PASPGP-7, or that need another federal authorization, must request a project-specific SWQC from DEP. The SWQC's conditions include that, before beginning any activity the Corps authorizes under PASPGP-7, the applicant must obtain from DEP all necessary environmental permits or approvals required under state law, including under the Clean Streams Law, the Dam Safety and Encroachments Act and 25 Pa. Code Chapters 93, 102 and 105, among others. Another condition says fill material may not contain any waste as defined in section 103 of the Solid Waste Management Act. Condition 4 says applicants and projects eligible for PASPGP-7 must obtain all state permits or approvals, including a project-specific SWQC (see the conflict noted for this section). [68]

Farm program wetland rules (Swampbuster) and floodplain development

EPA says the Wetland Conservation provisions of the Food Security Act, known as Swampbuster, withhold certain federal farm program benefits from farmers who convert or modify wetlands. Swampbuster is a condition on USDA benefits, not a permit. Under 7 CFR 12.4, except as provided in 7 CFR 12.5 or 12.13, a person is ineligible for all or a portion of the listed USDA program benefits if, after November 28, 1990, the person converts a wetland by draining, dredging, filling, leveling, removing woody vegetation or other means for the purpose, or to have the effect, of making production of an agricultural commodity possible, or if the person produces an agricultural commodity on a wetland converted after December 23, 1985. The regulation defines an agricultural commodity as any crop planted and produced by annual tilling of the soil, including tilling by one-trip planters, or sugarcane. [79][80][81]

The statute says no person becomes ineligible for program loans or payments for the conversion of an artificial lake or pond created by excavating or diking land that is not a wetland to collect and retain water and used primarily for livestock watering, fish production, irrigation, wildlife, fire control, flood control, cranberry growing, rice production or as a settling pond. Under the regulation, a person is also not ineligible for a wetland conversion if NRCS determines the conversion is for a purpose that does not make production of an agricultural commodity possible, such as fish production or livestock ponds, and no agricultural commodity is produced on the land. [81][82]

EPA says Section 404, which requires a permit before discharging dredged or fill material into waters of the United States, including wetlands, is a separate federal program that also affects farmers who own or manage wetlands. EPA advises checking with the local Corps district office about Section 404, and with NRCS before clearing, draining or manipulating any wet areas. NRCS says that to request a certified wetland determination for a planned project, a person visits the local FSA office to complete or update Form AD-1026 for the area to be assessed, and may also request the determination through NRCS on Form NRCS-CPA-38; an existing determination can be obtained from FSA. [79][83]

Separately, the National Flood Insurance Program (NFIP) regulations define development as any man-made change to improved or unimproved real estate, including dredging, filling, grading and excavation. PEMA says the municipality must issue a floodplain development permit, or its equivalent, before development occurs in the Special Flood Hazard Area. The NFIP regulations require a participating community to review proposed development (development within the Special Flood Hazard Area once FEMA has mapped flood zones, or all development in a community without mapped flood zones) to make sure all necessary permits have been received from the agencies whose approval is required by federal or state law, including Section 404. [7][84][85]

Federal pond rules The national rules in full: which WOTUS definition applies in each state, Section 404 and the farm-pond exemption, Nationwide Permit 40 conditions, Section 401, Swampbuster and FEMA floodplains.

Not confirmed from a primary source

We could not confirm the following from an official source. Ask the agency listed before relying on any of it.

  • Whether Nationwide Permit 40 in particular is among the nationwide permits suspended in Pennsylvania, and what Pennsylvania regional conditions and Section 401 certification decision apply to the 2026 NWP 40. This guide did not capture the text of Special Public Notice 26-08. — ask: The Corps district serving the site (Baltimore, Philadelphia or Pittsburgh) and DEP's regional waterways and wetlands program
  • Whether Nationwide Permits are available in the Pittsburgh District's part of Pennsylvania under PASPGP-7, and whether the Pittsburgh District has issued any recent NWP suspension or revocation notice for Pennsylvania. The Baltimore District page read for this guide addresses only the Baltimore and Philadelphia Districts, and the Pittsburgh District's own website could not be reached. — ask: USACE Pittsburgh District Regulatory Branch

Township, county and utility rules (including PA One Call)

Whether and how a particular municipality regulates pond construction depends on its own zoning ordinance. Pennsylvania's Municipalities Planning Code (MPC) lets municipal zoning ordinances permit, prohibit, regulate, restrict and determine uses of land, watercourses and other bodies of water, subject to express limits described below, but that grant does not use the word "pond." [14]

If the pond needs a DEP permit, such as a Chapter 105 water obstruction and encroachment permit, DEP's joint permit application instructions say Section 1905-A of the Administrative Code, as amended by Act 14, requires the applicant to give written notice to each municipality and county where the permitted activity is located, and the notices must be received at least 30 days before DEP may issue or deny the permit. DEP's sample notice gives the municipality and county 30 days to send land use comments to the DEP regional office, and DEP says it will take local land use plans and ordinances into consideration when reviewing permit applications. [8]

The Storm Water Management Act (Act 167) requires any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics to implement measures, consistent with the applicable watershed stormwater plan, that are reasonably necessary to prevent injury to health, safety or other property. [15]

  • AgencyThe Pennsylvania Municipalities Planning Code (MPC) authorizes municipal zoning ordinances to "permit, prohibit, regulate, restrict and determine" uses of land, watercourses and other bodies of water, and the areas and dimensions of land and bodies of water to be occupied by uses and structures. The MPC does not use the word "pond" in this grant; whether and how a particular municipality regulates pond construction depends on its own zoning ordinance.

    Applies when: Land in a municipality that has adopted a zoning ordinance 53 P.S. § 10603(b)(1), (3) (MPC § 603(b)(1), (3)) [14]
    Show the source text
    may permit, prohibit, regulate, restrict and determine: (1) Uses of land, watercourses and other bodies of water. ... (3) Areas and dimensions of land and bodies of water to be occupied by uses and structures,
    Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

  • RequirementUnder Section 1905-A of the Administrative Code as amended by Act 14, each applicant for a DEP permit (including a Chapter 105 water obstruction and encroachment permit) must give written notice to each municipality and county where the permitted activity is located; the notices must be received at least 30 days before DEP may issue or deny the permit, and DEP must receive copies of the Act 14 letters and proof that each municipality received them.

    Applies when: Any DEP permit application, e.g., a Chapter 105 permit for a pond, dam or stream/wetland encroachment DEP Joint Permit Application Instructions, 3150-PM-BWEW0036 (Rev. 10/2025), Section F (Application Completeness Checklist) item c, and Appendix V (sample Act 14/67/68/127 letter); Administrative Code § 1905-A (Act 14) as described by DEP [8]
    Show the source text
    DEP must receive a copy of the Act 14 notification letters to each affected municipality and proof that each municipality received the notification. ... Section 1905-A of the Commonwealth Administrative Code, as amended by Act 14, requires that each applicant for a DEP permit must give written notice to the municipality(ies) and the county(ies) in which the permitted activity is located. The written notices shall be received by the municipality(ies) and county(ies) at least 30 days before the Department may issue or deny the permit.
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

  • ProcessDEP's sample Act 14 notice letter tells the municipality and county that comments for DEP to consider in a land use review of the project must be sent to the DEP regional office within 30 days; if no land use comments are received by the end of the comment period, DEP will assume there are no substantive land use conflicts and proceed with its normal review. DEP states it will take local land use plans and ordinances into consideration when reviewing permit applications.

    DEP Joint Permit Application Instructions, 3150-PM-BWEW0036 (Rev. 10/2025), "Growing Smarter Legislation" and Appendix V; MPC §§ 619.2 and 1105 [8]
    Show the source text
    the Department of Environmental Protection (DEP) will take into consideration local land use plans and ordinances when reviewing permit applications. ... If you wish to submit comments for DEP to consider in a land use review of this project, you must respond within 30 days to the DEP regional office listed below. If there are no land use comments received by the end of the comment period, DEP will assume that there are no substantive land use conflicts and proceed with the normal application review process.
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

  • RequirementAny landowner and any person engaged in the alteration or development of land which may affect storm water runoff characteristics must implement measures, consistent with the applicable watershed storm water plan, that are reasonably necessary to prevent injury to health, safety or other property, including actions required (1) to assure that the maximum rate of storm water runoff is no greater after development than before, or (2) to manage the quantity, velocity and direction of resulting runoff in a manner that otherwise adequately protects health and property.

    Applies when: Pond construction or other land alteration that may affect storm water runoff characteristics 32 P.S. § 680.13 (Act 167 § 13) [15]
    Show the source text
    Any landowner and any person engaged in the alteration or development of land which may affect storm water runoff characteristics shall implement such measures consistent with the provisions of the applicable watershed storm water plan as are reasonably necessary to prevent injury to health, safety or other property. ... (1) to assure that the maximum rate of storm water runoff is no greater after development than prior to development ... (2) to manage the quantity, velocity and direction of resulting storm water runoff in a manner which otherwise adequately protects health and property
    Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

  • DefinitionAn "excavator" is any person who or which performs excavation or demolition work for himself or for another person. A landowner who digs their own pond with powered equipment, and a contractor hired to dig it, both meet this definition.

    Applies when: Anyone performing the excavation, whether on their own land or for someone else Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 1 (definition of "Excavator") [12]
    Show the source text
    "Excavator" means any person who or which performs excavation or demolition work for himself or for another person.
    Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

Full detail: 94 verified statements

Repairing, sealing or draining an existing pond

Three Pennsylvania sources tie the Fish and Boat Commission's drawdown permit to fish: the Fish and Boat Code bars drawing off dam waters inhabited by fish without first applying for the Commission's written permission; the Commission's regulations require a Commission permit to draw down impounded waters inhabited by fish; and DEP's Chapter 105 rules say such waters may not be drawn down without the Commission's written approval. The Commission's own web pages state the trigger differently: a drawdown permit is required for water bodies with a surface area greater than one acre, and for water bodies of any size that need another state permit (see Conflicts). [86][87][88][89][91]

A Commission regulation (58 Pa. Code § 51.89) serves as a general permit, so no individual application is needed, when both of these are true: the water area drawn down is 1 acre or less, and the drawdown is of a type that does not require other State permits, such as erosion and sedimentation control permits and Dams and Waterways Management permits. Where an individual drawdown permit is needed, the permit has no fee, and the application is reviewed by both the Commission and DEP and must be submitted at least 30 days before the drawdown. [89][90][92]

For sealing or lining, DEP's Chapter 105 rules define "fill" to include material used to change the bottom elevation of a regulated water. Chapter 105 waives its permit requirement for maintaining an artificial pond to its original storage capacity where the contributory drainage area is 100 acres or less, the greatest water depth at maximum storage elevation is 15 feet or less and the impounding capacity at that elevation is 50 acre-feet or less (25 Pa. Code § 105.12(a)(14)). DEP's pond guidance for artificial ponds with non-jurisdictional dams reads that waiver as covering maintenance limited to the original storage capacity in which only accumulated sediment is removed. That guidance says any activity that changes a pond's cross-section and does not qualify as maintenance needs a Water Obstruction and Encroachment Permit from the appropriate DEP regional office. None of these provisions names sealing or lining; how they apply to a sealing layer on a drained pond bed is listed below as not confirmed. [2][22][23]

  • Requirement30 Pa.C.S. § 3506(a) (Fish and Boat Code): no person may draw off dam waters inhabited by fish without first applying for written permission from the Fish and Boat Commission. No person may obstruct the flow of water through such a dam without allowing a minimum flow, set by the Commission, sufficient at all times to flow in the natural stream on which the dam is located to enable the fish to live. A violation is a summary offense of the first degree. The statute's trigger is "dam waters inhabited by fish", not a surface-area threshold.

    Applies when: Drawing off dam waters inhabited by fish 30 Pa.C.S. § 3506(a) [86]
    Show the source text
    (a) Drawing off or obstructing dams.--No person shall draw off dam waters inhabited by fish without first applying for written permission from the commission, nor shall any person obstruct the flow of water through any such dam without allowing a minimum flow of water determined by the commission to be sufficient at all times to flow in the natural stream on which the dam is located to enable the fish to live. Any person violating the provisions of this subsection commits a summary offense of the first degree.
    Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

  • Requirement58 Pa. Code § 51.81: a Commission permit under 30 Pa.C.S. § 3506 is required for (1) drawing down impounded waters inhabited by fish, and (2) destroying, removing, breaching or disturbing a dam, deflector, retard or similar device in waters inhabited by fish. The regulation's trigger is "impounded waters inhabited by fish". It has no area threshold of its own (the 1-acre figure appears in the § 51.89 general permit and on PFBC's web pages).

    Applies when: Drawing down impounded waters inhabited by fish 58 Pa. Code § 51.81 [87]
    Show the source text
    A permit from the Commission is required under section 3506 of the code (relating to drawing off or interference with dams or devices) for the following activities: (1) Drawing down impounded waters inhabited by fish. (2) Destruction, removal, breach or disturbance of a dam, deflector, retard or similar device in waters inhabited by fish.
    Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

  • RequirementChapter 105 bars drawing down impounded waters inhabited by fish except with the written approval of the Fish and Boat Commission under 30 Pa.C.S. § 3506.

    Applies when: Draining a fish-inhabited pond, for example to dry and seal the bed 25 Pa. Code § 105.122 [88]
    Show the source text
    Impounded waters which are inhabited by fish may not be drawn down except with the written approval of the Fish and Boat Commission under 30 Pa.C.S. § 3506 (relating to drawing off or interference with dams or devices).
    Open Pennsylvania Code & Bulletin (opens in a new tab)

  • Size cutoffPFBC's service page describes the drawdown permit (formally, Permit to Draw Off Water From Impoundments) as regulating the release of water from dams, ponds or impoundments "in certain situations". It is jointly reviewed by DEP's Division of Dam Safety and by PFBC, which reviews environmental and recreational impacts. There is no fee. The page says drawdown permits are required for water bodies with a surface area greater than one acre, and for water bodies of any size that need another state permit. The application must be submitted at least 30 days before the drawdown. The page's stated triggers do not refer to whether the water body holds fish.

    Applies when: Drawing down a pond, dam or impoundment PFBC, "Apply to Draw Off Water from Impoundments" (pa.gov), About the Permit [89]
    Show the source text
    regulates release of water from dams, ponds or impoundments in certain situations. ... jointly reviewed by the Department of Environmental Protection - Division of Dam Safety ... and the Fish and Boat Commission, which reviews environmental and recreational impacts ... The permit has no fee associated with it. Draw down permits are required for: Water bodies with a surface area that is greater than one acre; and Water bodies of any size that require another state permit ... A draw down permit application is to be submitted at least 30 days before a draw down event is to occur.
    Open Pennsylvania Fish and Boat Commission (pa.gov) (opens in a new tab)

  • Exemption58 Pa. Code § 51.89(a) is itself a general permit, so no individual application is needed, to draw down impounded waters when both of these are true: (1) the water area to be drawn down is 1 acre or less, and (2) the drawdown is of a type that does not require other State permits, such as erosion and sedimentation control permits and Dams and Waterways Management permits.

    Applies when: Drawdowns of 1 acre or less that need no other State permit 58 Pa. Code § 51.89(a) [90]
    Show the source text
    (a) Notwithstanding the other provisions of this subchapter, this section constitutes a general permit for persons to draw down impounded waters without applying for an individual permit when the following circumstances exist: (1) The water area to be drawn down is 1 acre or less. (2) The draw down operations are of a type that do not require other State permits, such as erosion and sedimentation control permits and Dams and Waterways Management permits.
    Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

Full detail: 97 verified statements

Treating a pond: chemical permits and applicator licensing

Except where the use would violate a specific order or permit, Pennsylvania's Chapter 91 rule (25 Pa. Code § 91.38) allows an algicide, herbicide or fish-control chemical to be used in only two cases: (1) copper sulfate needed to control algae in a public water supply source, used under DEP approval; and (2) chemicals needed to control aquatic plants in surface waters and chemicals needed to manage fish populations, used under a joint approval from DEP and the Fish and Boat Commission. DEP says there is no threshold that triggers the permit: anyone proposing to use any amount of herbicides, algicides or fish-control chemicals in surface waters must apply for and obtain one. [93][94]

DEP's definition of surface waters lists ponds, and its only exclusion is water at facilities approved for wastewater treatment. DEP's FAQ gives a farm-pond example: an agricultural producer who applies pesticides directly to surface waters, for example to control weeds or algae in a farm pond, needs at a minimum a joint Chapter 91 permit. The same permit is required to use alum or other chemicals to control algae or other pests, and for dyes used to control algae; dyes added only for appearance do not need it but may need DEP authorization. [95][96]

Use may not begin until the joint approval is received. For aquatic plant management in a pond or other standing water body, the application goes to DEP only; a fish-control chemical in any water body, including a pond, needs one application to DEP and one to the Fish and Boat Commission. Under the application instructions (Rev. 5/2025) the fee is $250 for a new or renewal application and $100 for an amendment; DEP's FAQ says joint permit holders pay no annual fee. [96][97]

  • RequirementExcept where the use would violate a specific order or permit, DEP's Chapter 91 regulation authorizes the use of an algicide, herbicide or fish control chemical only in two instances: (1) copper sulfate required to control algae in a source of public water supply, used under and in accordance with DEP approval; and (2) chemicals required to control aquatic plants in surface waters, and chemicals required for managing fish populations, used under and in accordance with a joint approval from DEP and the Fish and Boat Commission.

    Applies when: Any use of an algicide, herbicide or fish control chemical in surface waters 25 Pa. Code § 91.38 [93]
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    Except when the use of an algicide, herbicide or fish control chemical would be in violation of a specific order or permit, the use is authorized only in the following instances: (1) Copper sulfate required to control algae in a source of public water supply when the use is under and in accordance with approval given by the Department. (2) Chemicals required to control aquatic plants in surface waters and chemicals required for the management of fish populations where the use is under and in accordance with joint approval given by the Department and the Fish and Boat Commission.
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  • Size cutoffDEP states that its regulation at 25 Pa. Code § 91.38 requires anyone using herbicides, algicides or fish control chemicals to control aquatic plants in surface waters or to manage fish populations to obtain a joint DEP/PFBC approval before use, that there is no threshold triggering the permit, and that anyone proposing to use any amount of these chemicals in surface waters must apply for and obtain a permit.

    Applies when: Any amount of herbicide, algicide or fish control chemical in surface waters DEP, "Apply for Pesticide Usage Permit" (pa.gov), How to Apply for DEP and PFBC Joint Pesticides Permit [94]
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    DEP's regulations at 25 Pa. Code 91.38 require persons using chemicals (herbicides, algicides or fish control chemicals) to control aquatic plants in surface waters or to manage fish populations to obtain a joint approval from DEP and PFBC prior to use ... There is no threshold to trigger the need for a permit. Anyone proposing to use any amount of herbicides, algicides, or fish control chemicals in surface waters must apply for and obtain a permit.
    Open Pennsylvania Department of Environmental Protection (pa.gov) (opens in a new tab)

  • DefinitionUnder DEP's Chapter 92a definitions, "surface waters" means perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps and estuaries; the only exclusion is water at facilities approved for wastewater treatment (such as wastewater treatment impoundments, cooling water ponds and constructed wetlands used for wastewater treatment).

    Applies when: Determining whether a pond is a "surface water" for the joint chemical-use permit 25 Pa. Code § 92a.2 (definition of "Surface waters") [95]
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    Surface waters—Perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps and estuaries, excluding water at facilities approved for wastewater treatment such as wastewater treatment impoundments, cooling water ponds and constructed wetlands used as part of a wastewater treatment process.
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  • RequirementDEP's FAQ gives a farm-pond example: an agricultural producer who applies pesticides directly to surface waters, for example to control weeds or algae in a farm pond, would need at a minimum a joint Chapter 91 permit.

    Applies when: Farm ponds treated for weeds or algae DEP, Water Quality Permitting for Pesticide Applications FAQ (rev. Feb. 21, 2025), FAQ #21 [96]
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    If an agricultural producer applies pesticides directly to surface waters to, for example, control weeds or algae in a farm pond, the producer would need to obtain, at a minimum, a joint Chapter 91 permit.
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  • RequirementChemicals applied to water for purposes other than pest control are not pesticides and are not subject to the NPDES pesticide requirements. DEP gives alum (used to control phosphorus to inhibit algae growth) as an example of a product that is not itself an algicide, but it states that using alum or other chemicals to control algae or other pests does require a joint Chapter 91 permit.

    Applies when: Alum or other non-pesticide chemicals used to control algae or other pests DEP, Water Quality Permitting for Pesticide Applications FAQ (rev. Feb. 21, 2025), FAQ #23 [96]
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    Chemicals that are applied to water for purposes other than controlling pests are not considered pesticides, and therefore are not subject to the NPDES requirements for pesticide applications. For example, alum is a product used to control concentrations of phosphorus in water to inhibit algae growth, but itself is not an algicide. However, use of alum or other chemicals to control algae or other pests are subject to the requirement to obtain a joint Chapter 91 permit.
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

Full detail: 112 verified statements

Recent and upcoming changes (checked through September 28, 2026)

A FINAL Environmental Quality Board (EQB) rule amending 25 Pa. Code Chapter 93 was published in the Pennsylvania Bulletin on July 11, 2026 (56 Pa.B. 4034) and took effect on publication. It redesignates streams as High Quality (HQ) based on their Fish and Boat Commission classification as Class A wild trout streams. [28][100]

For a new earth disturbance activity that needs a Chapter 102 permit and discharges to a stream with an HQ protected use, the EQB says the person proposing it must obtain an individual permit and comply with the antidegradation provisions, as applicable. The online Pennsylvania Code, which reflects changes only through the July 4, 2026 Bulletin, does not yet show the new designations. [28][36]

The Pennsylvania Bulletin's official 2026 list of Pa. Code chapters affected, through the Sept. 26, 2026 issue, shows no proposed or final rulemaking for 25 Pa. Code Chapters 102 (erosion and sediment control), 105 (dam safety and waterway management), 106 (floodplain management) or 110 (water resources planning). [98]

  • StatusFINAL rule in the window: the Environmental Quality Board amended 25 Pa. Code Chapter 93 by modifying the drainage lists in §§ 93.9c, 93.9d, 93.9f, 93.9h, 93.9i, 93.9k, 93.9l, 93.9m, 93.9n, 93.9o, 93.9p, 93.9q, 93.9r, 93.9s, 93.9x and 93.9z (Class A stream redesignations). It was published July 11, 2026 at 56 Pa.B. 4034 and took effect upon that publication, so the online Pa. Code (current through July 4, 2026) does not yet show these designations.

    Applies when: Pond sites draining to any stream segment redesignated in Annex A of 56 Pa.B. 4034 25 Pa. Code Ch. 93; EQB final-form rulemaking, 56 Pa.B. 4034 (July 11, 2026) [28]
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    The Environmental Quality Board (Board) amends Chapter 93 (relating to water quality standards). The amendments modify the drainage lists in §§ 93.9c, 93.9d, 93.9f, 93.9h, 93.9i, 93.9k, 93.9l, 93.9m, 93.9n, 93.9o, 93.9p, 93.9q, 93.9r, 93.9s, 93.9x and 93.9z to read as set forth in Annex A. ... These amendments will be effective upon final-form publication in the Pennsylvania Bulletin.
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  • RequirementThe EQB's preamble explains the permit consequence of an HQ redesignation: a person proposing a new earth disturbance activity requiring a Chapter 102 permit, with a discharge to a stream with a protected use of HQ, must obtain an individual permit and comply with the antidegradation provisions, as applicable; where a permitted discharge existed before the receiving waterbody attained an existing or designated HQ use, those persons may continue to operate using BMPs that DEP approved and that have been implemented.

    Applies when: Pond construction whose earth disturbance requires a Chapter 102 NPDES permit and discharges to a newly redesignated HQ stream 56 Pa.B. 4034 (preamble, Regulatory Analysis discussion) [28]
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    A person proposing a new earth disturbance activity requiring a permit under Chapter 102 with a discharge to a stream with a protected use of HQ must obtain an individual permit and comply with the antidegradation provisions, as applicable. Where a permitted discharge existed prior to the receiving waterbody attaining an existing or designated use of HQ, those persons may continue to operate using BMPs that have been approved by the Department and implemented.
    Open Pennsylvania Bulletin (opens in a new tab)

  • StatusThe Pennsylvania Bulletin's cumulative 'List of Pa. Code Chapters Affected' for 2026 (as printed in the September 26, 2026 issue) lists adopted (final) rules in 25 Pa. Code only for Chapters 93 (at 56 Pa.B. 4034), 122, 250, 977 and 1021. Chapters 102 (erosion and sediment control), 105 (dam safety and waterway management), 106 (floodplain management) and 110 (water resources planning) do not appear, i.e., no final rulemaking amending them was published in the Bulletin in 2026 through September 26.

    Pa. Bulletin, Vol. 56, No. 39, List of Pa. Code Chapters Affected, p. 6281 [98]
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    25 Pa. Code (Environmental Protection) Adopted Rules Proposed Rules 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4034 ... 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5909 ... 250 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5418 ... 977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363 ... 1021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5913
    Open Pennsylvania Bulletin (pacodeandbulletin.gov) (opens in a new tab)

  • StatusThe same official 2026 list shows proposed rules in 25 Pa. Code only for Chapter 109 (safe drinking water, at 56 Pa.B. 6290) and Chapter 1021 (Environmental Hearing Board practice, at 56 Pa.B. 6035); no proposed rulemaking for Chapters 93, 102, 105, 106 or 110 was published in 2026 through September 26, 2026.

    Pa. Bulletin, Vol. 56, No. 39, List of Pa. Code Chapters Affected, p. 6281 [98]
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    List of Pa. Code Chapters Affected The following numerical guide is a list of the chapters of each title of the Pennsylvania Code affected by documents published in the Pennsylvania Bulletin during 2026. ... 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6290 ... 1021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6035
    Open Pennsylvania Bulletin (pacodeandbulletin.gov) (opens in a new tab)

  • StatusDRAFT general permit in the window: DEP published notice (Aug. 22, 2026) of a draft reissued PAG-01 (NPDES General Permit for Stormwater Discharges from Small Construction Activities), which is intended to provide NPDES coverage for stormwater discharges to surface waters for persons conducting less than 5 acres of earth disturbance; written comments were accepted through Monday, September 21, 2026. This is a draft only; DEP compares it with the PAG-01 General Permit that became effective March 1, 2022.

    Applies when: Pond projects with earth disturbance under 5 acres that need Chapter 102 NPDES coverage DEP notice, 56 Pa.B. 5629 (Aug. 22, 2026) [99]
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    announcing the availability of a draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Small Construction Activities (PAG-01). ... PAG-01 is intended to provide NPDES permit coverage for storm- water discharges to surface waters to persons conducting less than 5 acres of earth disturbance. ... as compared to the PAG-01 General Permit that became effective on March 1, 2022 (2022 General Permit). ... through Monday, September 21, 2026.
    Open Pennsylvania Bulletin (DEP notice) (opens in a new tab)

Full detail: 52 verified statements

Court and Environmental Hearing Board decisions

Pennsylvania's Environmental Hearing Board (EHB) and courts have found that a DEP permit was required, and unpermitted work unlawful, where landowners dug a ditch through wetlands (High), rerouted an existing stream channel (Becker) or placed fill in a wetland (Baehler). In DEP v. Pecora (EHB 2008), landowners installed a rock dam about 6 to 8 feet high and an earth embankment dam about 10 feet high across a tributary, excavated a series of connected ponds, and excavated and graded more than five acres without erosion and sediment controls, damaging an Exceptional Value wild trout stream. Those facts were deemed admitted after the defendants did not answer the complaint, and the EHB assessed a $113,538.97 civil penalty for intentional Clean Streams Law and Dam Safety and Encroachments Act violations. [101][102][103][104]

In Pileggi v. DEP (Pa. Cmwlth., Jan. 7, 2026), a Chapter 102 earth disturbance case, the Commonwealth Court affirmed that a landowner who, per DEP testimony, disturbed about 1.48 acres as part of a larger common plan of development needed an NPDES permit and an E&S plan before beginning, and held that a landowner may not evade those requirements by claiming the work is complete and nothing further is "proposed." The Chapter 102 definition of earth disturbance that the court quoted includes excavations and embankments. [105]

The Commonwealth Court also vacated the EHB's adoption of DEP's remedies and remanded. After the Pennsylvania Supreme Court discontinued the landowner's request to appeal (March 9, 2026), the EHB held on March 18, 2026 that DEP's remedies, including an after-the-fact NPDES permit and E&S plan for the completed work, were appropriate and reasonable. [105][106][107]

Full detail: 84 verified statements

Who to contact

DEP says it does not provide advice, guidance or assistance with pond design or construction methods, and that anyone interested in constructing a pond should first call DEP to determine what authorizations, regulatory requirements and potential mitigation may be involved. [2]

DEP says some county conservation districts are delegated certain portions of Chapter 105; those delegated districts can give some advice and are "a good first stop." DEP adds that, typically, the range of pond scenarios will involve permitting or approvals from DEP, and applicants may be directed to DEP. [2]

DEP's pond page routes questions by type. For the pond activities in its FAQ, which may or may not need Chapter 105 authorization, DEP says an erosion and sedimentation (E&S) control plan and E&S best management practices are required under Chapter 102, and it sends E&S plan and permitting questions to the county conservation district or the applicable DEP regional office. The page adds that any repair or modification of a jurisdictional dam should be presented to DEP's Division of Dam Safety, and that any activity that changes a pond's cross-section and does not qualify as maintenance requires a Water Obstruction and Encroachment Permit from the appropriate DEP regional office. [2]

  • ContactDEP says it does not provide advice, guidance or assistance with pond design or construction methods, and that anyone interested in constructing a pond should first call DEP to determine what authorizations, regulatory requirements and potential mitigation may be involved.

    DEP "Introduction to Ponds and Chapter 105," New Pond Construction General Information [2]
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    DEP does not provide advice, guidance, or assistance with pond design or construction methods. Anyone interested in constructing a pond should first call DEP to determine what authorizations, regulatory requirements, and potential mitigation may be involved.
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

  • ContactDEP says it does not provide advice, guidance or assistance with pond design or construction methods and that anyone interested in constructing a pond should first call DEP to determine what authorizations, regulatory requirements and potential mitigation may be involved. DEP adds that some county conservation districts are delegated certain portions of Chapter 105, can give some advice and are a good first stop, but that typically the variations in scenarios will encounter permitting or approvals from DEP.

    DEP, "Introduction to Ponds and Chapter 105" (New Pond Construction General Information) [2]
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    DEP does not provide advice, guidance, or assistance with pond design or construction methods. Anyone interested in constructing a pond should first call DEP to determine what authorizations, regulatory requirements, and potential mitigation may be involved. ... Some County Conservation Districts are delegated certain portions of Chapter 105, they can give some advice, and those Delegated Districts are a good first stop. However, typically the variations in scenarios will encounter permitting or approvals from DEP and you may be directed there.
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

  • ContactDEP's pond page routes landowners as follows: for the pond activities described in its FAQ, which may or may not require Chapter 105 authorization, an erosion and sedimentation control plan and E&S best management practices are required under Chapter 102, and questions about E&S plan and permitting requirements go to the County Conservation District or the applicable DEP Regional Office; any repair or modification of a jurisdictional dam should be presented to DEP's Division of Dam Safety; and any activity that changes a pond's cross-section and does not qualify as maintenance requires a Water Obstruction and Encroachment Permit from the appropriate DEP Regional Office.

    DEP "Introduction to Ponds and Chapter 105," maintenance notes and FAQ [2]
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    Any activity which changes the cross-section of a pond and does not qualify as maintenance requires a Water Obstruction and Encroachment Permit from the appropriate DEP Regional Office. ... Any dam repair or modification of any kind to a jurisdictional dam should be presented to DEP's Division of Dam Safety ... may or may not require Chapter 105 authorization, the development of an erosion and sedimentation control plan and ... Best Management Practices is required under Chapter 102. Please contact your County Conservation District or the applicable DEP Regional Office
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

  • ContactHow to find your conservation district: DEP's application instructions direct applicants to the Pennsylvania Association of Conservation Districts (PACD) website, www.pacd.org ("Your District" > "Find Your Conservation District"), for district mailing addresses; DEP regional office addresses are at www.dep.pa.gov under "Contact Us" > "Office Locations".

    DEP, Individual NPDES Permit Application Instructions (Rev. 7/2026), "Where to Submit Application Packages" [27]
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    For CCD mailing addresses, please visit the Pennsylvania Association of Conservation Districts, Inc. (PACD) website ... at www.pacd.org, select “Your District” and “Find Your Conservation District.” DEP regional office mailing addresses ... can be found at www.dep.pa.gov, select “Contact Us” and “Office Locations.”
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

  • ContactDEP's Exhibit C, Conservation Districts (3150-PM-BWEW0500c, Rev. 3/2026), part of the Chapter 105 General Permit registration package, lists each county conservation district's street address and phone number (for example, Adams County: 670 Old Harrisburg Rd., Ste. 201, Gettysburg, PA 17325, 717-334-0636). Its legend marks delegated programs with a diamond for Chapter 105 and a bullet for NPDES and E&S Permits.

    DEP Exhibit C - Conservation Districts, 3150-PM-BWEW0500c (Rev. 3/2026) [108]
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    3150-PM-BWEW0500c Rev. 3/2026 ... Exhibit C ... Delegated Programs ... Conservation Districts ... ◆ Chapter 105 ... • NPDES and E&S Permits ... Adams County ... 670 Old Harrisburg Rd., Ste. 201 ... Gettysburg, PA 17325 ... 717-334-0636
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Full detail: 41 verified statements

Frequently asked questions

Do I need a permit to build a pond in Pennsylvania?

It depends on the site and the design. A water obstruction or encroachment in, along, across or projecting into a stream, its floodway or a body of water (which includes ponds and wetlands) needs a written DEP Chapter 105 permit unless a waiver or general permit applies. DEP says an off-stream pond that is not built in a floodway, wetland or other body of water needs no Chapter 105 approval for water obstructions and encroachments, but its dam may need a Dam Permit if it meets the regulated-dam criteria, and an intake pipe or channel bringing water from a watercourse may need a permit such as General Permit 4. Separately, for construction such as pond excavation or embankment work, Chapter 102 requires erosion and sediment control BMPs, a written E&S Plan at 5,000 square feet or more (or at any size where the work, because of its proximity to existing drainage features or patterns, has the potential to discharge to High Quality or Exceptional Value waters), and NPDES construction stormwater coverage at 1 acre or more. DEP says anyone planning a pond should first call DEP to find out what authorizations, regulatory requirements and potential mitigation may be involved. [1][2][3][4][11][17][22]

How big can a pond be before its dam is regulated?

For a dam on a natural or artificial watercourse (other than one licensed under the Federal Power Act), Chapter 105 applies if one or more of these is exceeded: 100 acres of contributory drainage, 15 feet of greatest water depth measured by the upstream toe at maximum storage elevation, or 50 acre-feet of impounding capacity at maximum storage elevation. For a water-storage dam that is not on a watercourse and has no contributory drainage, both the depth and the capacity tests must be exceeded. DEP's pond page lists the three tests as alternatives ("one of the following") and measures depth at the upstream toe to the top of the dam. Its examples of 50 acre-feet are a 50-acre pond averaging one foot deep and a 25-acre pond averaging 2 feet deep. Chapter 105 defines storage capacity as the volume of impounded water to the maximum storage level, that is, the top of the dam. [1][2][22]

Do I need a permit to dig a pond in a wet spot?

Possibly, if the wet spot is a wetland or stream channel. DEP says a pond dug completely below grade may be regulated if it is placed in regulated waters such as a wetland or stream channel, and that where a pond's dam needs no Dam Permit, excavating or impounding a wetland still needs a Water Obstruction and Encroachment Permit or an approved Environmental Assessment. Where no permit is otherwise required, Chapter 105 bars building a dam, water obstruction or encroachment in a wetland until DEP approves an Environmental Assessment in writing. DEP strongly discourages excavating wetlands and says a project may not be approved if a viable alternative exists but is not chosen. If wetlands are suspected near a proposed pond or may be impacted, DEP says a certified wetland consultant must be hired to identify and delineate wetlands and watercourses and conduct the Environmental Assessment. [2][18]

Do farm ponds need permits in Pennsylvania?

Chapter 102's permit exemption for agricultural plowing or tilling and animal heavy use areas covers only those activities, and neither its definition of agricultural plowing or tilling nor DEP's agricultural permitting table mentions ponds. DEP says construction on agricultural land that will disturb at least one acre must obtain NPDES coverage, and its agricultural E&S manual says an agricultural E&S plan does not cover construction. Under federal law, a discharge of dredged or fill material to build or maintain a farm or stock pond is exempt from Section 404 unless the recapture provision or the toxic-pollutant exception applies. [4][6][10][61][64][109]

Do I need an erosion and sediment control plan to build a pond?

For earth disturbance other than agricultural plowing or tilling and animal heavy use areas, Chapter 102 requires E&S best management practices even below 5,000 square feet and a written E&S Plan when total disturbance is 5,000 square feet or more, when Chapter 102 or other DEP regulations require one, or when, because of its proximity to existing drainage features or patterns, the work has the potential to discharge to a High Quality or Exceptional Value water. DEP's pond page says developing an E&S plan and implementing and maintaining E&S BMPs is required under Chapter 102 for the pond activities it describes, whether or not they need Chapter 105 authorization, and sends plan questions to the county conservation district or DEP regional office. Chapter 105's permit-application rule adds that earthmoving activities, including small projects, must be conducted under an earth disturbance plan. [2][3][32]

Do I need to call PA One Call before digging a pond?

Yes, if you dig with powered equipment. Pennsylvania's Underground Utility Line Protection Law treats a landowner digging their own pond, or a contractor hired to dig it, as an excavator, and each excavator must submit a locate request through the One Call System at least 3 and no more than 10 business days before starting. PA One Call says you can contact 811 online or by calling 811, and the service costs nothing for homeowners digging on their own residential property. [12][110]

Do I need a permit to put chemicals in my pond?

Under 25 Pa. Code § 91.38, using algicides, herbicides or fish-control chemicals to control aquatic plants or manage fish in surface waters requires a joint approval from DEP and the Fish and Boat Commission. DEP says there is no threshold (anyone proposing to use any amount in surface waters must apply for and obtain a permit), and DEP's pesticide FAQ says an agricultural producer who applies pesticides directly to surface waters, for example to control weeds or algae in a farm pond, would need at a minimum a joint Chapter 91 permit. Use may not begin until the joint approval is received, and under DEP's May 2025 application instructions the fee is $250 for a new or renewal application and $100 for an amendment. [93][94][96][97]

Can I drain my pond?

Draining a pond can require Fish and Boat Commission approval. The Fish and Boat Code bars drawing off dam waters inhabited by fish without first applying for the Fish and Boat Commission's written permission, and the Commission's regulation requires a permit to draw down impounded waters inhabited by fish. A separate Commission regulation serves as a general permit, so no individual application is needed, to draw down impounded waters when the area drawn down is 1 acre or less and the drawdown needs no other State permit. The Commission's drawdown web page, whose stated triggers do not refer to fish, says drawdown permits are required for water bodies with a surface area greater than one acre and for water bodies of any size that need another state permit; the permit has no fee and the application is due at least 30 days before the drawdown. [86][87][89][90]

Do I need a water right for a pond in Pennsylvania?

A DEP information sheet says water flowing in defined watercourses is treated under the riparian doctrine: rights come from owning land that borders or underlies a stream, and no right to divert a specific quantity of water is obtained. The 1939 Water Rights Law's permit requirement for new water rights applies to public water supply agencies. Separately, DEP registration under Chapter 110 is required when total withdrawal from a point of withdrawal, or a system, within a watershed exceeds an average of 10,000 gallons per day in any 30-day period. In the Susquehanna basin, SRBC review applies (for projects started on or after dates set in its regulation) to consumptive use averaging 20,000 gallons per day or more, or withdrawals averaging 100,000 gallons per day or more, over a consecutive 30-day period. SRBC's regulation exempts agricultural water use projects from the consumptive-use review so long as the Commission determines that member-state low flow augmentation projects provide sufficient mitigation, but an agricultural project that diverts basin water stays subject unless the property, or contiguous parcels, is at least partly within the basin. In the Delaware basin, DRBC review is not required for an impoundment with less than 100 million gallons of storage, or for a withdrawal averaging no more than 100,000 gallons per day over 30 consecutive days, unless DRBC directs otherwise by notice. Inside the Southeastern Pennsylvania Ground Water Protected Area, however, a new or expanded groundwater withdrawal needs a DRBC protected area permit if the new or increased rate from a well or group of wells operated as a system averages more than 10,000 gallons per day over a 30-day period. [16][21][30][31][40][41]

Is my pond site in a floodplain?

PEMA says to check the FEMA Flood Insurance Rate Map or contact the community's floodplain administrator, and FEMA's Map Assistance Center (1-877-336-2627) can help interpret the maps. PEMA also says that in a mapped Special Flood Hazard Area the municipality must issue a floodplain development permit, or its equivalent, before development, which includes excavation, filling and grading. Along a stream with no FEMA-mapped floodway, Chapter 105 presumes, absent evidence to the contrary, that the floodway extends 50 feet from the top of the bank, and water obstructions and encroachments in a floodway fall under DEP's Chapter 105 rules. [1][7][9][22]

What does the Army Corps of Engineers require for a Pennsylvania pond?

Corps regulations require a Department of the Army permit to discharge dredged or fill material into waters of the United States unless the discharge is exempt. A note to the 2026 Nationwide Permit 40 says it authorizes the construction of farm ponds that do not qualify for the Section 404(f)(1)(C) exemption because of the recapture provision. However, the Corps' Baltimore District page says most Nationwide Permits have been suspended in the Baltimore and Philadelphia Districts' areas of Pennsylvania, and the reason it gives is that PASPGP-6 provides comparable authorization; PASPGP-6 expired June 30, 2026. In Pennsylvania DEP runs a joint application process with the Corps, and in most instances DEP or a delegated county conservation district can issue both the state and the federal authorization. As of September 28, 2026 the Corps' Pennsylvania State Programmatic General Permit in effect is PASPGP-7 (July 1, 2026 through June 30, 2031). Projects causing more than 0.5 acre of permanent loss of waters of the United States, including jurisdictional wetlands, or a permanent loss of more than 1,000 linear feet of jurisdictional stream channel, are not eligible for it, and PASPGP-7 sets no eligibility threshold for maintaining artificial ponds or impoundments by removing accumulated sediment. [5][61][62][67][71]

How long do Pennsylvania pond permits take?

DEP's Joint Permit Application instructions (Rev. 10/2025) set a 93-business-day review goal for Chapter 105 applications that does not begin until a complete application is received. DEP's Permit Decision Guarantee policy (effective Nov. 2, 2012) lists 157 business days for a new Dam Safety Permit and for Environmental Assessment review of dam-related activities, for complete, technically adequate first submissions. For construction stormwater, under Executive Order 2023-07 DEP has 81 business days to take final action on PAG-02 notices of intent and 117 business days on new individual NPDES permit applications, and Act 14 notices must reach the municipality and county at least 30 days before DEP may issue or deny a permit. [8][111][112][113]

Do I need permission to stock fish in my pond?

Since January 1, 2024, the Fish and Boat Commission has required a Notice of Stocking before anyone introduces fish into Commonwealth waters, and the Commission says that includes ponds, farm ponds among them, on public and private property; outdoor ornamental ponds that do not discharge into Commonwealth waters are exempt. The notice is free, one form can cover several stockings of a waterbody in a calendar year, and failing to file can lead to a warning or a $150.00 citation. Placing triploid grass carp in a pond requires an $85 Commission possession/introduction permit, obtained before the fish are placed. [114][115]

Who should I contact first about a new pond?

DEP says anyone interested in building a pond should first call DEP to learn what authorizations, regulatory requirements and potential mitigation may be involved, and that county conservation districts delegated parts of Chapter 105 are a good first stop, though applicants may be directed to DEP. The Fish and Boat Commission's pond page names the county conservation district as the first contact and the DEP regional office as the second. DEP adds that builders may also want advice from NRCS, the Fish and Boat Commission or Penn State Extension, but that these agencies are not the appropriate resource or authorized to provide regulatory interpretation. [2][91]

Sources

Every statement above links to one of these official sources. Expand “Show the source text” under any statement to read the exact passage it rests on.

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  81. 7 CFR part 12 - Highly Erodible Land Conservation and Wetland Conservation (eCFR current) (opens in a new tab) — eCFR / Office of the Federal Register, document date current eCFR text; source 61 FR 47025 (Sept. 6, 1996); sec. 12.30 last amended 91 FR 47785 (July 29, 2026), retrieved September 28, 2026
  82. 16 U.S.C. 3822 - Delineation of wetlands; exemptions (Food Security Act sec. 1222) (opens in a new tab) — Office of the Law Revision Counsel, U.S. House of Representatives, document date Text contains those laws in effect on September 27, 2026, retrieved September 28, 2026
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  86. 30 Pa.C.S. Chapter 35 (Dams, Bar Racks and Migration Devices) (opens in a new tab) — Pennsylvania General Assembly (palegis.us), document date Ch. 35 added 1980; § 3509 amended July 10, 2020 (Act 56), retrieved September 28, 2026
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  105. Pileggi v. Department of Environmental Protection (Environmental Hearing Board), No. 1477 C.D. 2024 (Pa. Cmwlth. Jan. 7, 2026) (opens in a new tab) — Commonwealth Court of Pennsylvania (pacourts.us), document date 2026-01-07, retrieved September 28, 2026
  106. Pileggi v. DEP, EHB Docket No. 2022-068-BP, Opinion and Order on Appellant's Petition for Reconsideration (Apr. 30, 2026) (slip opinion) (opens in a new tab) — Pennsylvania Environmental Hearing Board (ehb.pa.gov), document date 2026-04-30, retrieved September 28, 2026
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  108. Exhibit C - Conservation Districts, 3150-PM-BWEW0500c (Chapter 105 General Permit registration package) (opens in a new tab) — Pennsylvania DEP, Bureau of Waterways Engineering and Wetlands, document date Rev. 3/2026, retrieved September 28, 2026
  109. Soil Erosion and Sediment Control Manual for Agricultural Operations (383-4200-002) (opens in a new tab) — Pennsylvania Department of Environmental Protection, document date effective 2019-10-05, retrieved September 28, 2026
  110. Homeowners - Frequently Asked Questions (opens in a new tab) — Pennsylvania One Call System, Inc. (dba Pennsylvania 811), retrieved September 28, 2026
  111. Policy for Implementing the DEP Permit Review Process and Permit Decision Guarantee, Doc. No. 021-2100-001 (effective Nov. 2, 2012) (opens in a new tab) — PA DEP, Office of Program Integration, document date 2012-11-02, retrieved September 28, 2026
  112. SOP BCW-102-002: Review of PAG-02 General NPDES Permit NOIs, Version 1.6 (opens in a new tab) — Pennsylvania Department of Environmental Protection, Bureau of Clean Water, document date Revised 2025-06-11, retrieved September 28, 2026
  113. SOP BCW-102-003: Review of Individual NPDES Permit Applications (Construction Stormwater), Version 1.9 (opens in a new tab) — Pennsylvania Department of Environmental Protection, Bureau of Clean Water, document date Revised 2026-02-02, retrieved September 28, 2026
  114. 58 Pa. Code Chapter 71a (Propagation and Introduction of Fish into Commonwealth Waters) (opens in a new tab) — Pennsylvania Code & Bulletin (Legislative Reference Bureau), document date Chapter 71a added eff. Jan. 1, 2024 (53 Pa.B. 5914), retrieved September 28, 2026
  115. Notice of Stocking (opens in a new tab) — Pennsylvania Fish and Boat Commission (pa.gov), retrieved September 28, 2026

This is not legal advice. It is a plain-English summary of official sources, checked September 28, 2026. Laws, permits and agency practice change, and how they apply depends on your exact site. Confirm with the agencies named here, and with a licensed professional engineer for any dam, before you build.

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