Pennsylvania Dam Safety Rules for Ponds
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][2]
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][2]
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][3][4]
DEP says a dam that meets none of the tests is likely "non-jurisdictional" and needs no Dam Permit. But DEP says that if the dam is proposed across or impacts a stream, impacts a wetland, or would involve excavating a stream or wetland or impounding a wetland, either a Water Obstruction and Encroachment (WO&E) Permit or approval of an Environmental Assessment (EA) is required, obtained from the appropriate DEP regional office. Chapter 105 also requires DEP's written approval of an EA before anyone builds a dam in, along or projecting into a wetland or an exceptional value water where no permit is otherwise required. [3][5]
DEP says a pond dug completely below grade, with no impounding embankment, may still be regulated if it is placed in regulated waters of the Commonwealth, such as a wetland or stream channel, and that once built, all ponds are regulated waters of the Commonwealth under the Act. DEP also says an off-stream pond 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 still need a Dam Permit if it meets the regulated-dam criteria, and an intake pipe or channel from a watercourse may need a permit such as General Permit 4. [3]
DEP says it does not give advice, guidance or assistance on pond design or construction methods. It says anyone planning a pond should first call DEP to learn what authorizations, requirements and possible mitigation apply, and that some county conservation districts that have been delegated parts of Chapter 105 can give some advice and are a good first stop. [3]
The Pennsylvania Code website reflects changes effective through July 4, 2026 (56 Pa.B. 4026), and the Pennsylvania Bulletin's 2026 list of affected Code chapters, through Sept. 26, 2026, shows no Chapter 105 rulemaking. The Environmental Quality Board's December 2020 proposal to amend Chapter 105 was never adopted; the Independent Regulatory Review Commission (IRRC) lists it as "Withdrawn By Law" on Feb. 3, 2023. [1][6][7]
Key points
Official sources disagree
- EA review fee for a small pond dam. DEP's pond FAQ says a non-jurisdictional dam across a stream may need a WO&E Permit or EA approval and quotes "a $500 Environmental Assessment review fee." 25 Pa. Code § 105.13(c)(1)(vi) sets the EA review fee for nonjurisdictional dams at $1,400, $1,000 or $900 for dam Size A, B or C, and DEP's Chapter 105 fee worksheet (3150-PM-BWEW0553, Rev. 7/2016) lists $900 for "Non-Jurisdictional Dams." The regulation does list a $500 EA fee, in its § 105.13(c)(2) fee table, but § 105.13(c)(2)(iv) says that fee applies to use of the waivers at § 105.12(a)(11) and (16). DEP's general EA instructions (Rev. 3/2022), however, list non-jurisdictional dams located in wetlands or an exceptional value water alongside those waivers and say the fee for a project authorized "under these permit waivers" must be consistent with § 105.13, pointing to § 105.13(c)(2)(iv). [3][8][9][10]
- How the Dam Permit tests are stated. DEP's pond page gives the three triggers as alternatives ("one of the following"), with depth "measured at the upstream toe to the top of the dam." Chapter 105 measures depth "by upstream toe of the dam at maximum storage elevation" and, for a water-storage dam not on a watercourse and with no contributory drainage, requires both the depth and the capacity tests to be exceeded. (Chapter 105's definition of storage capacity describes the maximum storage level as "the top of the dam.") [1][3][11]
- Waiver 2 and embankments on streams draining 100 acres or less. § 105.12(a)(2) waives the permit for "a water obstruction in a stream or floodway with a drainage area of 100 acres or less" (but not for wetlands in the floodway). § 105.1 defines "water obstruction" to include an embankment or fill across a watercourse, and defines "dam" separately. DEP's Joint Permit Application instructions (Rev. 10/2025) say most waivers are automatic and need no prior DEP approval, and they do not list § 105.12(a)(2) among the exceptions. DEP's pond page instead says a non-jurisdictional dam across or impacting a stream needs a WO&E Permit or EA approval, and does not mention this waiver. [3][4][11][12]
- Which DEP office handles an EA for a non-jurisdictional dam. DEP's EA form for non-jurisdictional dams (3140-PM-BWEW0002, Rev. 7/2013) says to submit everything in triplicate to the central Division of Dam Safety in Harrisburg, and DEP's 2012 procedure for EAs on dam-related activities has a Division of Dam Safety Lead Reviewer handle the review. DEP's pond page says the WO&E Permit or EA approval is obtained from the appropriate DEP regional office, and DEP's general EA instructions tell applicants to contact the Waterways and Wetland Program in the appropriate DEP regional office for further information about EAs. [3][10][13][14]
- Dam permit transfer fees. 25 Pa. Code § 105.13(c)(1)(vii), as printed, charges $550 to transfer a dam permit where no proof of financial responsibility is required and $300 where it is required. The EQB's December 2020 proposal said these amounts were printed in reverse by error and proposed swapping them, but that proposal was never finalized and IRRC lists it as withdrawn by law on Feb. 3, 2023. [7][8][15]
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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]Show the source text
(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.
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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.
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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) [2]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.
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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) [3]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.
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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) [5]Show the source text
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.
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DEP says a pond excavated completely below grade (with no impounding embankment) may still be regulated if it is placed in regulated waters of the Commonwealth, such as a wetland or stream channel. Permits are not always needed to build a pond. However, once built, all ponds are regulated waters of the Commonwealth under the Dam Safety and Encroachments Act.
Applies when: Excavated (dug-out) ponds PA DEP, "Introduction to Ponds and Chapter 105" [3]Show the source text
If an artificial pond is excavated completely below grade (without constructing an impounding embankment), the construction may be regulated if it is proposed to be placed in regulated waters of the Commonwealth, such as a wetland or stream channel. In some situations, permits may not be required to build a pond. However, once constructed, all ponds are regulated waters of this Commonwealth under the Dam Safety and Encroachments Act.
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ExemptionDEP says Chapter 105 approval for water obstructions and encroachments is not required for an off-stream pond that is not built in a floodway, wetland or other body of water. If the pond has a dam that meets the regulated-dam criteria, a dam permit may still be required. A permit (such as General Permit 4) may be required for an intake pipe or channel that brings water from a watercourse to an off-stream pond.
Applies when: Off-stream ponds outside floodways and wetlands PA DEP, "Introduction to Ponds and Chapter 105" (Off-Stream Ponds) [3]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. Intakes - If an intake pipe or channel is proposed to convey water from a watercourse to an off-stream pond, a permit may be required for the intake, such as General Permit 4.
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DEP says it does not give advice, guidance or help on pond design or construction methods. Anyone planning a pond should first call DEP to learn what authorizations, regulatory requirements and possible mitigation apply. Some county conservation districts have been delegated parts of Chapter 105; they can give some advice and are a good first stop.
PA DEP, "Introduction to Ponds and Chapter 105" (New Pond Construction General Information) [3]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. ... 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.
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StatusThe Environmental Quality Board's 2020 proposed amendments to 25 Pa. Code Chapter 105 (Regulation #7-556, IRRC #3278), published in the Pennsylvania Bulletin on December 5, 2020, were never adopted in final form. The Independent Regulatory Review Commission's record shows the status as "Proposed", a final-form due date of February 3, 2023, no final-form publication ("N/A"), and the action "Withdrawn By Law" on February 3, 2023.
Independent Regulatory Review Commission, Regulation #7-556 (IRRC #3278), Dam Safety and Waterway Management; proposal published at 50 Pa.B. 6863 (Dec. 5, 2020) [7]Show the source text
Regulation #7-556: Dam Safety and Waterway Management ... | IRRC Number | 3278 ... | PA Bulletin Publish Date | December 05, 2020 | Regulation Status | Proposed ... | Final Due By | February 03, 2023 ... | Published as Final | | N/A ... | Withdrawn By Law | February 03, 2023
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Does your dam need a Dam Permit?
Chapter 105 defines a "dam" as an artificial barrier, with its appurtenant works, built to impound or store water or another fluid or semifluid, or a refuse bank, fill or structure for highway, railroad or other purposes that does or may impound water or another fluid or semifluid; the Act's own definition of "dam" contains no size limit. Under the Act, a "watercourse" or "stream" is any channel of surface water with a defined bed and banks, natural or artificial, with perennial or intermittent flow. [2][11]
For a dam on a watercourse (other than one licensed under the Federal Power Act), one test is enough: more than 100 acres of contributory drainage (the upstream area that contributes runoff), a greatest water depth of more than 15 feet measured by the upstream toe at maximum storage elevation, or more than 50 acre-feet of impounding capacity at maximum storage elevation. DEP's examples of 50 acre-feet are a 50-acre pond averaging one foot deep and a 25-acre pond averaging 2 feet deep. [1][2][3][11]
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. [1][2]
Chapter 105 defines storage capacity as the volume of impounded water up to the maximum storage level, "that is, the top of the dam." Height of dam, one of the two measures used for the size classes, is measured from the downstream toe of the dam at its lowest point to the top of the dam, not from the upstream toe used in the depth test. [1][11][16]
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DefinitionThe Dam Safety and Encroachments Act defines "dam" as any artificial barrier, together with its appurtenant works, built to impound or store water or any other fluid or semifluid, and also any refuse bank fill or structure for highway, railroad or other purposes that does or may impound water or another fluid or semifluid. The definition itself contains no size limit.
Dam Safety and Encroachments Act § 3 (32 P.S. § 693.3), definition of "Dam" [2]Show the source text
"Dam." Any artificial barrier, together with its appurtenant works, constructed for the purpose of impounding or storing water or any other fluid or semifluid; or any refuse bank fill or structure for highway, railroad or other purposes which does or may impound water or any other fluid or semifluid.
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DefinitionUnder the Act, "body of water" means any natural or artificial lake, pond, reservoir, swamp, marsh or wetland, and "watercourse" or "stream" means any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow. A "reservoir" is any basin that contains or will contain the water or other fluid or semifluid impounded by a dam.
Dam Safety and Encroachments Act § 3 (32 P.S. § 693.3) [2]Show the source text
"Body of water." Any natural or artificial lake, pond, reservoir, swamp, marsh or wetland. ... "Reservoir." Any basin which contains or will contain the water or other fluid or semifluid impounded by a dam. ... "Watercourse" or "stream." Any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
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Size cutoffThe Act applies to every dam on a natural or artificial watercourse (other than dams licensed under the Federal Power Act) that meets ANY one of three tests: (i) contributory drainage area over 100 acres; OR (ii) greatest depth of water at maximum storage elevation over 15 feet; OR (iii) impounding capacity at maximum storage elevation over 50 acre-feet.
Applies when: Dam (embankment) across a natural or artificial watercourse Dam Safety and Encroachments Act § 4(1) (32 P.S. § 693.4(1)) [2]Show the source text
(1) All dams on a natural or artificial watercourse, other than those licensed pursuant to the Federal Power Act, where: (i) the contributory drainage area exceeds 100 acres; or (ii) the greatest depth of water at maximum storage elevation exceeds 15 feet; or (iii) the impounding capacity at maximum storage elevation exceeds 50 acre-feet.
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Size cutoffFor a water-storage dam that is NOT on a watercourse and has no contributory drainage, the Act applies only when BOTH tests are met: the greatest depth of water at maximum storage elevation is over 15 feet AND the impounding capacity at maximum storage elevation is over 50 acre-feet.
Applies when: Off-stream water-storage dams with no contributory drainage Dam Safety and Encroachments Act § 4(2) (32 P.S. § 693.4(2)) [2]Show the source text
(2) All dams used for the storage of water not located on a watercourse and which have no contributory drainage, where the greatest depth of water at maximum storage elevation exceeds 15 feet and the impounding capacity at maximum storage elevation exceeds 50 acre-feet.
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DefinitionChapter 105 defines "contributory drainage area" as the area upstream of a proposed or existing dam, water obstruction or encroachment that contributes runoff to a watercourse. For ponds, lakes and reservoirs, a water obstruction counts as "in or along" the body of water if, at normal pool elevation, it is either in the water or adjacent to and abutting the water's edge.
25 Pa. Code § 105.1 (definitions of "Contributory drainage area" and "Water obstruction") [11]Show the source text
Contributory drainage area—Area upstream of a proposed or existing dam, water obstruction or encroachment that contributes runoff to a watercourse. ... In the case of ponds, lakes and reservoirs, a water obstruction is considered to be in or along the body of water if, at normal pool elevation, the water obstruction is either in the water or adjacent to and abutting the water’s edge.
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Size cutoffDEP's pond guidance says a person must get a Dam Permit from DEP's Division of Dam Safety to build a dam when any one of these applies: the dam is across a watercourse with more than 100 acres of contributory drainage; OR the maximum depth of water, measured at the upstream toe to the top of the dam, is over 15 feet; OR the impounding capacity is over 50 acre-feet. DEP's examples of 50 acre-feet: a 50-acre pond averaging one foot deep, or a 25-acre pond averaging 2 feet deep.
Applies when: Pond impounded by an embankment dam PA DEP, "Introduction to Ponds and Chapter 105" (Ponds with a Regulated Dam) [3]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. Examples: A pond 50 acres in surface area and one foot deep on average, a 25-acre pond which averages 2 feet of depth.
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DefinitionChapter 105 measures "height of dam" in feet from the downstream toe of the dam at its lowest point to the elevation of the top of the dam. It defines "storage capacity" as the volume, in acre-feet, of impounded water to the maximum storage level, that is, the top of the dam.
25 Pa. Code § 105.1 (definitions of "Height of dam" and "Storage capacity") [11]Show the source text
Height of dam—The vertical measurement expressed in feet as measured from the downstream toe of the dam at its lowest point to the elevation of the top of the dam. ... Storage capacity—The volume as expressed in acre-feet of the impounded water to the maximum storage level, that is, the top of the dam.
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Size cutoffUnder 25 Pa. Code § 105.3(a)(1), a dam on a natural or artificial watercourse (other than one licensed under the Federal Power Act) is regulated if any one of these applies: contributory drainage area over 100 acres; greatest depth of water measured by the upstream toe of the dam at maximum storage elevation over 15 feet; or impounding capacity at maximum storage elevation over 50 acre-feet. Under § 105.3(a)(2), a dam used to store water that is not on a watercourse and has no contributory drainage is regulated where the depth exceeds 15 feet AND the impounding capacity exceeds 50 acre-feet.
25 Pa. Code § 105.3(a)(1)-(2) [1]Show the source text
(1) Dams on a natural or artificial watercourse, other than those licensed under the Federal Power Act ... 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. ... (2) Dams used for the storage of water not located on a watercourse and which have no contributory drainage ... exceeds 15 feet and the impounding capacity ... exceeds 50 acre-feet.
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Small (non-jurisdictional) pond dams
DEP's EA form for non-jurisdictional dams (3140-PM-BWEW0002, Rev. 7/2013) defines a "non-jurisdictional dam" as one that meets none of the § 105.3 Dam Permit criteria. It says DEP must review and approve an EA and supporting documentation before such a dam may be built in, along or projecting into a wetland or an exceptional value water, and requires an EA for every dam in, along, across or projecting into the regulated waters of the Commonwealth where Section 401 water quality certification is required. [13]
DEP's dam permit instructions add that excavating wetlands within the impoundment area requires a WO&E Permit, and excavating in the impoundment area outside wetlands but within a watercourse's floodway may also require one. Where no FEMA map or study defines the floodway, Chapter 105 assumes, absent evidence to the contrary, that it extends from the stream to 50 feet from the top of the stream bank. [11][17]
The EA form's checklist asks for a location map, a determination of historic and archaeological sites, a completed and approved PNDI search form (Supplement No. 1), a site plan with cross sections, a project narrative, color photographs with a map showing where they were taken, the EA forms, a mitigation plan, an alternatives analysis, and the fee with worksheet 3150-PM-BWEW0553. Under the form, non-jurisdictional dams in an exceptional value watershed must also give the stream's mean and maximum depth at the dam, a description of the release structure, the conservation release rate, the design of bypass structures, the dam's use and its construction material. DEP may request more information after its initial review, depending on the dam's functions and complexity. [13]
Chapter 105 waives the permit for a dam no more than 3 feet high in a stream no more than 50 feet wide (except wild trout streams designated by the Fish and Boat Commission), and for maintaining an artificial pond to its original storage capacity where the contributory drainage is 100 acres or less, the greatest depth of water at maximum storage elevation is 15 feet or less and the impounding capacity at maximum storage elevation is 50 acre-feet or less. Waived structures and activities must still meet Chapter 105's construction, operation, maintenance, monitoring and other requirements, and the waivers do not cover any permit another law may require. If DEP finds, on complaint or investigation, that a waiver-eligible structure or activity significantly affects safety or the protection of life, health, property or the environment, it may require the owner to get a permit. [4]
DEP's Joint Permit Application instructions (Rev. 10/2025) say most waivers are automatic and need no prior DEP approval, the only exceptions being §§ 105.12(a)(4), (a)(11), (a)(16) and (b)(2); a person using an automatic waiver needs only to develop and keep information showing they qualify. [12]
For existing non-jurisdictional dams, DEP says repair and maintenance need no DEP permit or approval, although an erosion and sedimentation control plan must be implemented. DEP says removing accumulated sediment within the original storage capacity needs no state Chapter 105 authorization, but the U.S. Army Corps of Engineers may require federal authorization and the Fish and Boat Commission may require a Drawdown Permit. DEP also says any activity that changes a pond's cross-section and does not qualify as maintenance, such as building boat docks, piers or islands or expanding the pond, requires a WO&E Permit from the appropriate DEP regional office. [3]
DEP strongly discourages on-stream ponds and wetland excavation, says there are usually alternate locations that avoid wetland, watercourse and floodway impacts, and says a project may not be approved if a viable alternative exists but is not chosen. DEP also notes that water leaving a pond in summer can be as much as 8-10 degrees warmer than the stream water entering it, and says a pond builder may have to show that a thermal influence will not adversely affect the aquatic community. [3]
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DefinitionThe form DEP links for non-jurisdictional dams is 3140-PM-BWEW0002, Rev. 7/2013: "Instructions for Completing a Request for Section 105.15 Environmental Assessment Approval to Construct a 'Non-Jurisdictional Dam'". It defines a "non-jurisdictional dam" as a dam that does not meet any of the minimum criteria for requiring a DEP dam permit under 25 Pa. Code § 105.3. For dams across a watercourse, those criteria are: contributory drainage area over 100 acres; greatest depth of water, measured at the upstream toe of the dam at maximum storage elevation, over 15 feet; or impounding capacity at maximum storage elevation over 50 acre-feet.
DEP form 3140-PM-BWEW0002 Rev. 7/2013 (Instructions), General Information [13]Show the source text
ENVIRONMENTAL ASSESSMENT APPROVAL TO CONSTRUCT A "NON-JURISDICTIONAL DAM" ... The term "non-jurisdictional dam" refers to the construc- ... tion of those dams that do not meet any of the minimum ... criteria established for requiring a DEP dam permit un- ... der Section 105.3 (scope) of the Department's Chapter ... (i) The contributory drainage area exceeds 100 acres. ... (ii) The greatest depth of water measured by ... upstream toe of the dam at maximum storage eleva- ... tion exceeds 15 feet. ... (iii) The impounding capacity at maximum storage ele- ... vation exceeds 50 acre-feet.
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RequirementUnder form 3140-PM-BWEW0002, DEP must review and approve an Environmental Assessment and supporting documentation before a non-jurisdictional dam may be built in either of these situations: (a) the dam is located in, along or projecting into a wetland; or (b) the dam is located in, along or projecting into an exceptional value water as defined in 25 Pa. Code Chapter 93.
Applies when: Non-jurisdictional dam (below all § 105.3 dam-permit thresholds) in, along or projecting into a wetland or an exceptional value water DEP form 3140-PM-BWEW0002 Rev. 7/2013 (Instructions), Requirement for Environmental Assessment, item 1(a)-(b) [13]Show the source text
1. Non-jurisdictional Dams: An Environmental ... Assessment and supporting documentation must be ... reviewed and approved by the Department before a ... non-jurisdictional dam may be constructed in any of the following situations: ... (a) When a dam is located in, along or projecting ... into a wetland. ... (b) For a dam located in, along or projecting into ... an exceptional value waters as defined in ... Chapter 93 of the Department's Rules and
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RequirementThe form adds a third situation: where water quality certification is required under Section 401 of the Clean Water Act (33 U.S.C. § 1341), an Environmental Assessment is required for every dam located in, along, across or projecting into the regulated waters of the Commonwealth. The form lists examples including federal Nationwide Permits No. 2, 12, 14, 16, 17, 18, 23, 26, 33, 36 and 40.
Applies when: A federal permit that needs a DEP Section 401 water quality certification covers the dam DEP form 3140-PM-BWEW0002 Rev. 7/2013 (Instructions), Requirement for Environmental Assessment, item 1(c) [13]Show the source text
(c) Where water quality certification is required ... under Section 401 of the Clean Water Act (33 ... U.S.C.A. §1341), an Environmental Assess- ... ment is required for every dam ... located in, along, across or projecting into the ... regulated waters of this Commonwealth. The- ... se activities include but are not limited to Fed- ... eral Nationwide Permits (NWP) No. 2, No. 12, ... No. 14, No. 16, No. 17, No. 18, No. 23, No. ... 26, No. 33, No. 36 and No. 40.
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ProcessDEP's dam permit instructions say that if a proposed dam does not need a Dam Permit but is in, along or projecting into a wetland or Exceptional Value Waters, or needs 401 Water Quality Certification, DEP must approve an Environmental Assessment. Any excavation of wetlands within the impoundment area requires a Water Obstruction and Encroachment Permit. Excavation in the impoundment area that is not in wetlands but is within a watercourse's floodway may also require one.
Applies when: Non-jurisdictional dams; pond excavation in wetlands or floodways PA DEP, Instructions for Completing Dam Permit Application, 3140-PM-BWEW0001 (Rev. 6/2018), p. 1 [17]Show the source text
If the proposed dam does not require a Dam Permit, but ... is located in, along or projecting into a wetland or Exceptional Value Waters, or requires 401 Water Quality ... Certification, Department approval of an Environmental ... Assessment is required. ... copies of this form. Any excavation of wetlands within ... the impoundment area would require a Water ... Obstruction and Encroachment Permit from the ... Department. Excavation in the impoundment area, not in ... wetlands but within the floodway of a watercourse, may ... also require a Water Obstruction and Encroachment
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DefinitionChapter 105 defines the "floodway" as the channel plus the parts of the adjoining floodplain reasonably required to carry the 100-year flood. Unless otherwise specified, the boundary comes from FEMA maps and flood insurance studies. Where no FEMA map or study defines the floodway, it is assumed, absent evidence to the contrary, to extend from the stream to 50 feet from the top of the stream bank.
25 Pa. Code § 105.1 (definition of "Floodway") [11]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.
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RequirementThe form's Information Completeness Checklist (Section E) lists: (a) location map; (b) determination of historic/archaeological sites; (c) completed and approved Supplement No. 1 (PNDI search); (d) site plan, including cross sections; (e) project description narrative; (f) color photographs, with a map showing where they were taken; (g) Environmental Assessment forms; (h) mitigation plan; (i) alternatives analysis; and (j) application fee, with the completed fee worksheet 3150-PM-BWEW0553 attached. The checklist also tells the owner to "See Sections 105.13, 105.14, and 105.15 for additional details."
DEP form 3140-PM-BWEW0002 Rev. 7/2013 (Application: Environmental Assessment Information Sheet), Section E (Information Completeness Checklist) [13]Show the source text
INFORMATION COMPLETENESS CHECKLIST ... See Sections 105.13, 105.14, and 105.15 for additional details. ... a. Location Map ... b. Determination of historic/archaeological sites ... c. Completed and approved Supplement No. 1 Form (PNDI search) ... d. Site Plan (including cross sections) ... e. Project description narrative ... f. Color photographs with map showing location taken ... g. Environmental Assessment forms ... h. Mitigation plan ... i. Alternatives Analysis ... j. Application Fee (attach completed worksheet 3150-PM-BWEW0553)
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ExemptionThe permit requirement is waived for a dam no more than 3 feet high in a stream no more than 50 feet wide. The waiver does not apply in wild trout streams designated by the Fish and Boat Commission.
Applies when: Very low dams in streams; not wild trout streams 25 Pa. Code § 105.12(a)(1) [4]Show the source text
(1) A dam not exceeding 3 feet in height in a stream not exceeding 50 feet in width, except wild trout streams designated by the Fish and Boat Commission.
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ExemptionThe permit requirement is waived for maintaining an artificial pond or reservoir to its original storage capacity where ALL of these are true: contributory drainage area of 100 acres or less; greatest depth of water at maximum storage elevation of 15 feet or less; and impounding capacity at maximum storage elevation of 50 acre-feet or less.
Applies when: Maintenance (e.g., sediment removal) of existing small ponds 25 Pa. Code § 105.12(a)(14) [4]Show the source text
(14) The maintenance of an artificial pond or reservoir to its original storage capacity where: (i) The contributory drainage area is less than or equal to 100 acres. (ii) The greatest depth of water at maximum storage elevation is less than or equal to 15 feet. (iii) The impounding capacity at maximum storage elevation is less than or equal to 50 acre feet.
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ExemptionUnder § 105.12(a), the permit requirement is waived for the listed structures and activities regardless of when they began. If DEP finds, after a complaint or investigation, that a waiver-eligible structure or activity significantly affects safety or the protection of life, health, property or the environment, it may require the owner to get a permit.
25 Pa. Code § 105.12(a) (introductory text) [4]Show the source text
the requirements for a permit are waived for the following structures or activities, regardless of when commenced. If the Department upon complaint or investigation finds that a structure or activity which is eligible for a waiver, has a significant effect upon safety or the protection of life, health, property or the environment, the Department may require the owner of the structure to apply for and obtain a permit under this chapter.
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RequirementStructures and activities that qualify for a § 105.12 waiver must still meet Chapter 105's construction, operation, maintenance, monitoring and other requirements. The waiver section does not waive any permit that another law may require.
Applies when: Waived dams and activities (e.g., small pond dams, pond maintenance) 25 Pa. Code § 105.12(c) [4]Show the source text
(c) Structures and activities shall meet the construction, operation, maintenance, monitoring and other requirements of this chapter. No other permits which may be required under a law other than the act are waived by this section.
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ProcessDEP's Joint Permit Application instructions (3150-PM-BWEW0036, Rev. 10/2025) say most § 105.12 waivers are automatic and need no prior DEP approval. A person using a waiver needs only to develop and keep the information showing they qualify, which DEP would ask for only in a general inquiry or a complaint investigation. The only exceptions are §§ 105.12(a)(4), (a)(11), (a)(16) and (b)(2), where the applicant must first submit specified information to DEP for review and approval.
DEP form 3150-PM-BWEW0036 Rev. 10/2025, Instructions § B (Permit Waivers) [12]Show the source text
Most of the waivers ... are automatic and do not need prior DEP approval. Any person using such waivers needs only to develop and ... retain such information as will verify their qualification to use a waiver. ... only exceptions to the "automatic" waivers concern subsections 105.12(a)(4), 105.12(a)(11), 105.12(a)(16) ... and 105.12(b)(2). These subsections require that any person wishing to use these permit waivers must first ... submit specified information to DEP for its review and approval.
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ExemptionDEP says Chapter 105 does not regulate repair and maintenance of non-jurisdictional dams, so no DEP permit or approval is needed for that work, although an Erosion and Sedimentation Control plan must be implemented. Any activity that changes the cross-section of a pond and does not qualify as maintenance requires a Water Obstruction and Encroachment Permit from the DEP regional office. DEP's examples are boat docks, piers, islands, or expanding the pond.
Applies when: Existing ponds with non-jurisdictional dams (repair, leak fixes) PA DEP, "Introduction to Ponds and Chapter 105" (Artificial Ponds with Non-Jurisdictional Dams) [3]Show the source text
Dam/Outlet Repair - The Department’s Rules and Regulations do not regulate the repair and maintenance of non-jurisdictional dams, ... Therefore, permits and approvals from DEP for this work on non-jurisdictional dams is not required. However, an Erosion and Sedimentation Control plan must be implemented. Note: 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.
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ExemptionFor ponds with NON-jurisdictional dams, DEP says § 105.12(a)(14) waives Water Obstruction and Encroachment Permit requirements for maintaining the reservoir area, if the work is limited to the impoundment's original storage capacity and only accumulated sediment is removed. DEP's FAQ adds that removing accumulated sediment needs no state Chapter 105 authorization, but federal authorization from the U.S. Army Corps of Engineers may be required, and the Fish and Boat Commission may require a Drawdown Permit.
Applies when: Dredging existing small ponds with non-jurisdictional dams PA DEP, "Introduction to Ponds and Chapter 105" (Maintenance Dredging; FAQ) [3]Show the source text
Section 105.12(a)(14) of the Department’s Rules and Regulations provides for waiver of Water Obstruction and Encroachment Permit requirements for the maintenance of the reservoir area if this maintenance is limited to the impoundment’s original storage capacity and only accumulated sediment is removed. ... no Chapter 105 authorization is needed from the state to remove accumulated sediment. However, federal authorization may be required from US Army Corps of Engineers and the PA Fish and Boat Commission may require a Drawdown Permit.
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DEP strongly discourages excavating wetlands or building ponds on-stream. It says there are usually alternate locations that avoid wetland, watercourse and floodway impacts, and a project may not be approved if a viable alternative exists but is not chosen. DEP also says water leaving a pond in summer can be as much as 8-10 degrees warmer than the stream water entering it, and a pond builder may have to show that thermal effects will not harm the aquatic community.
Applies when: On-stream ponds; ponds in or near wetlands PA DEP, "Introduction to Ponds and Chapter 105" (Impacts to Water Resources) [3]Show the source text
strongly discourages the excavation of wetlands or the construction of ponds on-stream. ... In most cases there are alternate locations to create a pond to fulfill the project purpose and avoid wetland, watercourse, and floodway impacts. If a viable alternative exists but is not chosen, the project may not be approved. ... The temperature of water exiting a pond in the summer can be as much as 8-10 degrees warmer than the stream water entering the pond. A proponent for building a pond may be required to demonstrate that a thermal influence will not adversely impact the aquatic community.
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Size and hazard classes
Chapter 105 classifies every dam by Size Category and Hazard Potential Category. Size is set by storage or height, whichever gives the higher category: Size C, the smallest, is 1,000 acre-feet or less of storage and 40 feet or less of height; Size B is over 1,000 but under 50,000 acre-feet, or over 40 but under 100 feet; Size A is 50,000 acre-feet or more, or 100 feet or more. [16]
Hazard Potential Category is set by loss of life or economic loss from a failure, whichever gives the higher category. Category 1 means a substantial population at risk or excessive economic loss, and Category 2 a few homes or small businesses at risk or appreciable economic loss. Categories 3 and 4 have no population at risk expected; Category 3 means significant property damage and short public inconvenience, and Category 4 minimal damage and no significant public inconvenience. [16]
A dam's discharge capacity, storage capacity or both must safely handle the recommended design flood for its classification, determined by an incremental dam breach analysis with a minimum 24-hour design storm. The ranges, written as size letter and hazard number, are 50-year to 100-year frequency for C-4; 100-year to 1/2 PMF (probable maximum flood) for C-3, A-4 and B-4; and 1/2 PMF to PMF for A-3 and B-3. The § 105.98 table lists no range for Hazard Category 1 or 2 dams. [11][18]
Hazard Category 1, 2 and 3 dams need an Emergency Action Plan (EAP) approved by DEP and the Pennsylvania Emergency Management Agency (PEMA). Category 1 and 2 dams also need proof of financial responsibility or security, and an annual condition report bearing a registered professional engineer's seal and certification, due to DEP by Dec. 31 each year. [19][20][21]
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Size cutoffEvery dam is classified by Size Category and Hazard Potential Category. Size Category uses storage OR height, whichever gives the higher category. Category A: 50,000 acre-feet or more of storage, or a height of 100 feet or more. Category B: less than 50,000 but more than 1,000 acre-feet, or less than 100 but more than 40 feet. Category C: 1,000 acre-feet or less, and 40 feet or less.
25 Pa. Code § 105.91(a)–(b) (Size Category table) [16]Show the source text
Size Category will be determined by either storage or height of structure, whichever results in the higher category. ... A | Equal to or greater than 50,000 | Equal to or greater than 100 ... B | Less than 50,000 but greater than 1000 | Less than 100 but greater than 40 ... C | Equal to or less than 1000 | Equal to or less than 40
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Size cutoffHazard Potential Category is based on loss of life OR economic loss from a failure, whichever gives the higher category. Category 1: substantial population at risk (numerous homes or small businesses, or a large business or school), or excessive economic loss such as extensive residential, commercial or agricultural damage, or substantial public inconvenience. Category 2: few at risk (a small number of homes or small businesses), or appreciable economic loss such as limited residential, commercial or agricultural damage, or moderate public inconvenience.
25 Pa. Code § 105.91(b) (Hazard Potential Category table, Categories 1–2) [16]Show the source text
Hazard Potential Category will be determined by either loss of life or economic loss, whichever results in the higher category. ... 1 | Substantial (Numerous homes or small businesses or a large business or school). | Excessive such as extensive residential, commercial, or agricultural damage, or substantial public inconvenience. ... 2 | Few (A small number of homes or small businesses.) | Appreciable such as limited residential, commercial, or agricultural damage, or moderate public inconvenience.
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Size cutoffHazard Potential Category 3: no population at risk expected (no permanent structures for human habitation or employment), but significant damage to private or public property and short public inconvenience, such as damage to storage facilities or loss of critical stream crossings. Category 4: no population at risk expected, with minimal damage to private or public property and no significant public inconvenience.
25 Pa. Code § 105.91(a)–(b) (Hazard Potential Category table, Categories 3–4) [16]Show the source text
3 | None expected (no permanent structures for human habitation or employment.) | Significant damage to private or public property and short duration public inconvenience such as damage to storage facilities or loss of critical stream crossings. ... 4 | None expected (no permanent structures for human habitation or employment.) | Minimal damage to private or public property and no significant public inconvenience.
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RequirementA dam's discharge capacity, storage capacity, or both must safely accommodate the recommended design flood for its classification. The design flood must be determined by an incremental dam breach analysis, with a minimum design storm duration of 24 hours. Design flood ranges: A-3 and B-3, 1/2 PMF to PMF; A-4, B-4 and C-3, 100-year to 1/2 PMF; C-4, 50-year to 100-year frequency. When DEP considers it appropriate, engineering judgment may be used to set the design flood within the range for Hazard Potential Category 3 or 4 dams. The table lists no range for Category 1 or 2 dams.
Applies when: Jurisdictional (permitted) dams 25 Pa. Code § 105.98 [18]Show the source text
The design flood must be determined by an incremental dam breach analysis. The minimum required design storm duration is 24 hours. When considered appropriate by the Department, engineering judgment may be used to determine the design flood within the design flood range indicated below for dams of Hazard Potential Category 3 or 4. ... | A-3, B-3 | 1/2 PMF to PMF ... | A-4, B-4, C-3 | 100 year to 1/2 PMF ... | C-4 | 50 year to 100 year frequency
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RequirementOwners of existing or proposed Hazard Potential Category 1, 2 or 3 dams must prepare an Emergency Action Plan (EAP), which DEP and the Pennsylvania Emergency Management Agency (PEMA) must approve. For a proposed dam, the EAP must be approved before water storage begins. It must be reviewed and updated every 5 years, or at the interval set in the most recent DEP and PEMA guidelines.
Applies when: Hazard Potential Category 1, 2 or 3 dams (not Category 4) 25 Pa. Code § 105.134(a), (a)(3), (f) [19]Show the source text
The permittee or owner of an existing or proposed Hazard Potential Category 1, Category 2 or Category 3 dam ... shall develop an EAP ... approved by the Department and the Pennsylvania Emergency Management Agency (PEMA). ... In the case of a proposed dam, the EAP shall be submitted to the Department and approved by the Department and PEMA prior to commencement of storage ... (f) The EAP shall be reviewed and updated every 5 years or the frequency interval indicated in the most recent EAP guidelines developed by the Department and PEMA.
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RequirementFor Hazard Potential Category 1 or 2 dams, DEP requires proof of financial responsibility or security, both to issue a permit and for continued operation and maintenance. It must cover proper construction, repair, operation and maintenance, inspection and monitoring, and removal if necessary.
Applies when: Hazard Potential Category 1 or 2 dams 25 Pa. Code § 105.13b (introductory text) [20]Show the source text
For continued operation and maintenance of all existing Hazard Potential Category 1 or Category 2 dams, as classified in § 105.91 ... and as a requirement for approval of a permit under this chapter for a Hazard Potential Category 1 or Category 2 dam ... the Department will require proof of financial responsibility or security assuring the proper construction, repair, operation and maintenance, inspection and monitoring and removal, if necessary, of the facility.
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Applying for a Dam Permit
DEP says to submit the Application for a Dam Permit with all required Department-wide form packages (the General Information Form, the Cultural Resource Notice, and the Environmental Assessment Form with its PNDI search form), checked against DEP's Completeness Check List. As of Sept. 28, 2026, DEP's forms page showed the Dam Safety Bond Forms, used for proof of financial responsibility, as "Currently unavailable." [22][23]
Chapter 105 requires plans, specifications and reports accompanying an application for any category of dam to carry a registered professional engineer's seal and signed certification. [8]
Under Chapter 105, an application to build or modify a dam must include reports and data from the investigations and tests needed to determine the design's safety, adequacy and suitability, a site plan and cross sections, construction plans, specifications and design reports, a construction schedule, an instrumentation plan (or a justification for none), a separate hydrologic and hydraulic analysis with an incremental dam breach analysis, an EAP if required, proof of title or adequate flowage easements for land below the top-of-dam elevation that would be flooded, and an Operation and Maintenance Manual. DEP may waive specific items in writing. [24]
Chapter 105 requires every dam to have a spillway system that can safely convey the design flood, and a device that can completely drain the reservoir unless DEP determines an outlet works is not feasible for that dam. As part of a construction or modification application, the design engineer must submit a sealed and certified Dam Stability Report; for earthfill and gravity dams, the required factors of safety are the higher of those in § 105.97 and those in the latest U.S. Army Corps of Engineers Engineering Manuals on dam stability. Chapter 105 sets no numeric freeboard minimum; it says sufficient freeboard may be required to prevent overtopping and allow for wave and ice action. [25][26][27][28]
For Hazard Category 1 and 2 dams, DEP's Dam Permit application instructions (Rev. 6/2018) set the amount of financial responsibility at the cost to breach or remove the dam and restore or stabilize the site, and say the applicant must secure it before final permit issuance. [17][20]
The same instructions say to send three complete application packages with the fee to the Division of Dam Safety in Harrisburg, and that DEP begins its review only after it receives a complete package. They also say a Dam Permit will not be issued without final approval of an NPDES permit for stormwater discharge or an Erosion and Sedimentation Control Plan from the appropriate county conservation district, and that DEP must wait 30 days from the date the municipality and county are notified of the project under Act 14 before issuing a permit. [17]
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ProcessTo apply for a dam permit, DEP says to submit the "Application for a Dam Permit" together with all required "Department-wide Permit Application Form Packages", and to use DEP's Completeness Check List to confirm the application is complete.
PA DEP, "Apply for a Dam Permit" [22]Show the source text
To apply for a dam permit, you need to submit: The "Application for a Dam Permit" All required "Department-wide Permit Application Form Packages" Use the Completeness Check List to make sure you have everything needed for a complete application.
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ProcessDEP's Dam Safety forms page lists the Department-wide packages: the General Information Form (GIF), the Cultural Resource Notice, and the Environmental Assessment Form with its PA Natural Diversity Inventory search form. It says all of them must be submitted with the Application for a Dam Permit for the application to be complete. The page also lists a separate "Environmental Assessment for Non-Jurisdictional or Permit Waived Dams" form with instructions, and shows the Dam Safety Bond Forms, used to meet the proof-of-financial-responsibility requirement, as "Currently unavailable".
PA DEP, Dam Safety "Guidelines and Guidance" page [23]Show the source text
General Information Form (GIF) includes GIF Form ... Cultural Resource Notice includes instructions ... Environmental Assessment Form (E.A. Form) and Instructions and Supplement 1: PA Natural Diversity Inventory Search Form ... (All of the "Department-wide Permit Application Form Packages," must be submitted with the "Application for a Dam Permit" for a complete application submission.) ... Dam Safety Bond Forms - the way to meet DEP's requirement for Proof of Financial Responsibility - Currently unavailable ... Environmental Assessment for Non-Jurisdictional or Permit Waived Dams
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RequirementPlans, specifications and reports submitted with applications for ANY category of dam must carry the seal of a registered professional engineer and a certification signed by that engineer, in the wording set out in the regulation.
Applies when: All dam permit applications 25 Pa. Code § 105.13(j) [8]Show the source text
Plans, specifications and reports accompanying applications for any category of dams, or for bridges and other water obstructions or encroachments which would pose a threat to human life or substantial potential risk to property shall be affixed with the seal of a registered professional engineer and a certification, signed by the registered professional engineer
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RequirementA permit application to build or modify a dam must include: reports and data from investigations and tests on design safety, adequacy and suitability; the site plan and cross sections; construction plans, specifications and design reports; a construction schedule; and an instrumentation plan for permanent monitoring, or a justification if none is proposed.
Applies when: New or modified jurisdictional dams 25 Pa. Code § 105.81(a)(1)–(6) [24]Show the source text
permit applications under this subchapter for the construction or modification of dams and reservoirs must provide the following information: (1) Reports and data detailing the conduct and results of investigations and tests necessary to determine the safety, adequacy and suitability of design ... (2) Site plan and cross sectional views ... (3) Construction plans, specifications and design reports ... (4) A schedule indicating proposed commencement and completion dates for construction. ... (6) An instrumentation plan
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RequirementA dam construction or modification application must also include: a separate hydrologic and hydraulic analysis that includes an incremental dam breach analysis and the storage capacity and reservoir surface area at normal pool and maximum storage elevations; an EAP if § 105.134 requires one; proof of title or adequate flowage easements for land below the top-of-dam elevation that would be flooded; and an Operation and Maintenance Manual. DEP may waive specific information requirements in writing.
Applies when: New or modified jurisdictional dams 25 Pa. Code § 105.81(a)(7)–(11), (b) [24]Show the source text
(7) A hydrologic and hydraulic analysis, submitted as a separate report, which includes: ... (v) An incremental dam breach analysis, storage capacity and reservoir surface area for normal pool and maximum storage elevations. ... (9) EAP if required under § 105.134 (relating to EAP). (10) Proof of title or adequate flowage easements for land area below the top of the dam elevation that is subject to inundation. (11) An Operation and Maintenance Manual ... (b) The Department may waive specific information requirements of this section in writing
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RequirementEvery dam must have a spillway system that can safely convey the § 105.98 design flood without endangering the dam's safety or integrity. DEP may require models showing this can be done without excessive erosion or failure of the spillway system.
Applies when: Jurisdictional dams 25 Pa. Code § 105.94(a) [25]Show the source text
Every dam must be provided with a spillway system which is capable of safely conveying the design flood, as provided in § 105.98 (relating to design flood criteria), of the dam without endangering the safety or integrity of the dam. The Department may require submission of models utilizing current acceptable methodologies to demonstrate this capability without excessive erosion and failure of the spillway system.
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RequirementDams must include a device that can completely drain the reservoir, unless DEP decides an outlet works is not feasible for that dam. At minimum, the device must pass 70% of the highest mean monthly inflow at the site plus enough capacity to drain the top 2 feet of storage below normal pool within 24 hours. Under normal conditions, reservoirs behind earthfill dams should not be drawn down faster than 1 foot per day without DEP's prior approval.
Applies when: Jurisdictional dams 25 Pa. Code § 105.96(a), (c) [26]Show the source text
Dams must include a device to allow the complete draining of the reservoir unless the Department determines that an outlet works is not feasible for a specific dam. At minimum, the device must be sized to pass a minimum of 70% of the highest mean monthly inflow at the site plus the capacity to drain the top 2 feet of reservoir storage below normal pool in 24 hours. ... Under normal conditions, the maximum rate of drawdown for reservoirs impounded by earthfill dams should not exceed 1 foot per day without prior approval by the Department.
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RequirementAs part of a construction or modification application, the design engineer must submit a "Dam Stability Report" under professional seal and certification. The required factors of safety for earthfill and gravity dams are the HIGHER of those in § 105.97 and those in the most recent U.S. Army Corps of Engineers Engineering Manuals on dam stability.
Applies when: New or modified jurisdictional dams 25 Pa. Code § 105.97(b), (g) [27]Show the source text
the design engineer shall submit to the Department, under professional seal and certification, a report entitled ‘‘Dam Stability Report’’ ... (g) The factors of safety for earthfill dams or gravity dams must be the higher of: (1) The factors of safety in subsections (c) and (d). (2) The factors of safety in the most recent Engineering Manuals developed by the United States Army Corps of Engineers relating to stability of dam structures.
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ProcessDEP's dam permit instructions say that, for Hazard Potential Category 1 and 2 dams, the amount of financial responsibility equals the cost to breach or remove the dam and restore or stabilize the site. The applicant must secure financial responsibility before final permit issuance.
Applies when: Hazard Potential Category 1 and 2 dams PA DEP, Instructions for Completing Dam Permit Application, 3140-PM-BWEW0001 (Rev. 6/2018), item 23 [17]Show the source text
Potential Category 1 and 2 dams (see Section 105.91) ... the applicant shall provide proof of financial responsibility ... or security for continued operation and maintenance ... during the lifetime of the facility. The monetary amount ... of this responsibility is equated to the cost(s) to breach or ... remove the dam and restore or stabilize the site. At a ... applicant shall secure means of financial responsibility ... prior to final permit issuance.
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ProcessDEP's dam permit instructions (Rev. 6/2018) say to send three complete application packages (three application forms and three sets of attachments) with the fee to DEP's Division of Dam Safety, P.O. Box 8460, Harrisburg. DEP starts its review only after it receives a complete package.
Applies when: Jurisdictional dams PA DEP, Instructions for Completing Dam Permit Application, 3140-PM-BWEW0001 (Rev. 6/2018), p. 1 [17]Show the source text
submitting (3) complete application packages, three (3) ... completed application forms and three (3) complete sets ... of attachments and the required application fee to: ... Division of Dam Safety ... P.O. Box 8460 ... Department will only begin its review after receipt of a ... complete application package.
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RequirementDEP's dam permit instructions say a Dam Permit will not be issued without final approval of either an NPDES permit for stormwater discharge or an Erosion and Sedimentation Control Plan (ESCP) from the county conservation district. At minimum, the ESCP should be submitted for the application to be complete.
Applies when: Dam permit applications PA DEP, Instructions for Completing Dam Permit Application, 3140-PM-BWEW0001 (Rev. 6/2018), Section E item 10 [17]Show the source text
approval letter: Final approval of an NPDES Permit for ... stormwater discharge or an Erosion and Sedimentation ... Control Plan (ESCP) from the appropriate county ... conservation district is required for Dam Permit ... issuance. At a minimum for application completeness, ... submission of the ESCP should be included.
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TimelineDEP's dam permit instructions cite Act 14 municipal and county notification. DEP must wait 30 days from the date the local and county governments are notified of the project before issuing its permit(s), and this usually runs concurrently with DEP's review. DEP must receive copies of the Act 14 notification letters and proof that each municipality received them, and the 30-day period must end before a permit can be issued.
Applies when: Dam permit applications PA DEP, Instructions for Completing Dam Permit Application, 3140-PM-BWEW0001 (Rev. 6/2018), Section E item 4 [17]Show the source text
notification: Act 14 Municipal and County Notification ... requires that the department wait 30 days from the date ... of project notification to both the local and county ... 30-day waiting period will run concurrently with the ... Department’s review period. For this to occur, DEP must ... receive a copy of the Act 14 notification letters to each ... 30 day waiting period must expire before a permit may ... be issued.
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Building, filling and inspecting
For a new or modified dam permitted under Chapter 105, DEP issues a dam construction permit first, and an operation and maintenance permit only after the final inspection, completion certification and as-built plans are done and DEP accepts the work. [25]
At least 15 days before construction, the owner must file a statement with DEP naming the supervising professional engineer, the engineer's representatives and the contractors, and must hold a preconstruction meeting with DEP, the contractor and the engineer 15 to 30 days before work starts unless DEP sets a different time. The engineer or a representative must be on site during significant construction, and a detailed status report must go to DEP's Division of Dam Safety every month until construction is complete. [29][30]
Within 10 days after finishing work on a DEP-authorized dam, the owner must schedule a final inspection with DEP, then file a completion certification within 30 days after it (or within 30 days of completion if DEP waives the inspection, which it may do for projects authorized by a Letter of Amendment or Letter of Authorization). The permittee must give DEP at least 7 days' written notice before storing water, and initial filling of a new dam's reservoir may not begin until the completion certification has been submitted and DEP has accepted it in writing. [31][32][33]
Chapter 105 requires dams, reservoirs and their appurtenant works to be inspected at least once every 3 months, and requires the dam owner to follow the DEP-approved operation and maintenance manual and, if one is required, the EAP. Under the Act, the owner of any dam must monitor, operate and maintain it in a safe condition as the regulations, permit terms, approved operating plans and DEP orders require; conduct periodic inspections and analyses as DEP reasonably requires; immediately notify DEP and responsible authorities in downstream communities of any condition that threatens its safety, and take all necessary actions to protect life and property; and, before discontinuing use or abandoning it, remove all or part of it in a manner DEP approves. [2][21][34]
Impounded waters inhabited by fish may not be drawn down without the Fish and Boat Commission's written approval. [35]
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ProcessPermitting of a new or modified dam happens in two steps. DEP first issues a dam construction permit after approving the § 105.81 application. It issues a dam operation and maintenance permit only after the owner meets the final inspection, completion certification and as-built plan requirements (§§ 105.107–105.109) and DEP accepts the construction or modification.
Applies when: New or modified jurisdictional dams 25 Pa. Code § 105.88(a)–(b) [25]Show the source text
the Department will issue a dam construction permit. (b) For newly constructed or modified dams permitted under subsection (a), the Department will issue a dam operation and maintenance permit after the following conditions have been met: (1) Meeting the requirements of § § 105.107—105.109 (relating to final inspection; completion certification and project costs; and as-built plans) by the owner or permittee. (2) Acceptance of construction or modification by the Department.
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ProcessAt least 15 days before construction starts, the owner must file a statement with DEP naming the professional engineer responsible for oversight and supervision, the engineer's representatives and the contractors.
Applies when: Dam construction under a permit, Letter of Amendment or Letter of Authorization 25 Pa. Code § 105.102(a) [29]Show the source text
The permittee or owner shall file with the Department, at least 15 days prior to the commencement of construction, a statement setting forth the name and employer, including contact information, of the following: (1) The professional engineer responsible for oversight and supervision of construction. (2) Representatives of the professional engineer. (3) Contractors
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ProcessFor dams, the owner must hold a preconstruction meeting with DEP, the contractor and the supervising engineer no less than 15 and no more than 30 days before construction starts, unless DEP sets a different time. After that, a detailed construction status report must go to DEP's Division of Dam Safety every month until construction is complete.
Applies when: Dam permits and approvals 25 Pa. Code § 105.41(a)(2) [30]Show the source text
schedule a preconstruction meeting between the permittee or owner, the Department, the contractor and the engineer responsible for construction supervision. The preconstruction meeting must be conducted at least 15 days but not more than 30 days prior to the commencement of construction unless a different time is established by the Department. Thereafter, a detailed report on the status of construction must be submitted monthly to the Department of Environmental Protection, Division of Dam Safety, until construction has been completed.
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RequirementDam construction work must be overseen and supervised by a professional engineer. The engineer or the engineer's representative must be on the work site during significant construction activities until the dam is complete.
Applies when: Dam construction under a permit, Letter of Amendment or Letter of Authorization 25 Pa. Code § 105.102(b) [29]Show the source text
(b) Work must be conducted under the oversight and supervision of a professional engineer. The professional engineer or a representative of the professional engineer shall be on the work site during significant construction activities until the completion of the dam.
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ProcessWithin 10 days after finishing work on a DEP-authorized dam, the owner must schedule a final project inspection with DEP, attended by the owner, the supervising engineer and DEP's field representative. DEP may waive the final inspection for projects authorized by a Letter of Amendment or Letter of Authorization.
Applies when: Dams built or modified under DEP authorization 25 Pa. Code § 105.107 [31]Show the source text
Within 10 days after the completion of work on a dam authorized by the Department, the permittee or owner shall schedule a final project inspection with the Department. The final inspection must include the permittee or owner, the permittee or owner’s supervising engineer, and the Department’s field representative. ... At the discretion of the Department, the final inspection may be waived for projects authorized by Letter of Amendment or Letter of Authorization.
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ProcessWithin 30 days after the final inspection (or within 30 days of completion if DEP waives the inspection), the owner must file a completion certification. It must include the owner's original signature; the supervising engineer's seal and original signature; the design, construction and construction-inspection costs; and the estimated percentage of total cost for each major feature.
Applies when: Dams built or modified under DEP authorization 25 Pa. Code § 105.108 [32]Show the source text
Within 30 days after the final inspection or within 30 days of completion of the work if the final inspection is waived by the Department, the permittee or owner shall file with the Department a completion certification ... (1) Original signature of the permittee or owner. (2) Seal and original signature of the supervising engineer. (3) Design cost. (4) Construction cost. (5) Construction inspection cost. (6) Estimated percentage of the total cost for each major feature of the project.
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ProcessThe permittee must notify DEP in writing at least 7 days before storing water in the new reservoir, and DEP may require an approved reservoir filling plan first. Initial filling of a new dam, or refilling after rehabilitation, may not begin until the § 105.108 completion certification has been submitted and DEP has accepted it in writing.
Applies when: New or rehabilitated permitted dams 25 Pa. Code § 105.111(a), (b), (d) [33]Show the source text
The permittee shall notify the Department, in writing, at least 7 days in advance of the date proposed for the commencement of storage of water, fluid or semifluid in the reservoir ... (b) The Department may require that a reservoir filling plan be developed and approved by the Department prior to commencement of storage ... (d) The initial storage in the reservoir of new dams and refilling of reservoirs of rehabilitated dams may not commence prior to the submission of the information required in § 105.108 ... and the acceptance of the certification, in writing, from the Department.
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RequirementOwners must inspect dams, reservoirs and their appurtenant works at least once every 3 months. Owners of Hazard Potential Category 1 and 2 dams must also submit to DEP, by December 31 each year, an annual condition report bearing a registered professional engineer's seal and certification. DEP may require more frequent reports.
Applies when: Dams regulated under Chapter 105 25 Pa. Code § 105.53(a)(1)–(2) [21]Show the source text
(1) Dams, reservoirs and their appurtenant works shall be inspected at least once every 3 months. (2) For Hazard Potential Category 1 dams and Category 2 dams as classified in § 105.91 (relating to classification of dams and reservoirs), annual reports regarding the condition of the dam, affixed with the seal of a registered professional engineer and certification ... shall be submitted to the Department on or before December 31 of each year. More frequent reports of dam conditions may be required by the Department
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RequirementThe dam owner must follow the DEP-approved operation and maintenance manual and, if required, the EAP. The owner must also operate and maintain the dam according to the authorized plans and specifications. Routine maintenance of the dam and of the reservoir's design storage capacity needs no further Chapter 105 authorization, except for the drawdown rule in § 105.122.
Applies when: Permitted dams 25 Pa. Code § 105.131(a), (c) [34]Show the source text
the permittee or owner of a dam shall follow the operation and maintenance manual for the dam, and the emergency action plan if required under § 105.134 (relating to EAP), as approved by the Department ... (c) The permittee or owner of a dam or reservoir shall operate and maintain the dam in accordance with the authorized plans and specifications. Routine maintenance of the dam and the reservoir’s design storage capacity will not require further authorization under this chapter except as provided in § 105.122 (relating to drawdown of impounded waters).
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RequirementUnder the Act, the owner of any dam, water obstruction or encroachment has a legal duty to: monitor, operate and maintain the facility in a safe condition as the regulations, permit terms, approved operating plans and DEP orders require; conduct periodic inspections and analyses as DEP reasonably requires; immediately notify DEP and responsible authorities in downstream communities of any condition that threatens the facility's safety, and take all necessary actions to protect life and property; and, before discontinuing use or abandoning it, remove all or part of the facility in a manner DEP approves.
Applies when: Owners of any dam, water obstruction or encroachment Dam Safety and Encroachments Act § 13(a) (32 P.S. § 693.13(a)) [2]Show the source text
(1) monitor, operate and maintain the facility in a safe condition in accordance with the regulations ... (2) conduct periodic inspections and analyses, as reasonably required by the department ... (3) immediately notify the department and responsible authorities in downstream communities of any condition which threatens the safety of the facility, and take all necessary actions to protect life and property ... (4) prior to discontinuing use or abandonment, remove all or part of the facility
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RequirementImpounded waters inhabited by fish may not be drawn down without the written approval of the Pennsylvania Fish and Boat Commission under 30 Pa.C.S. § 3506.
Applies when: Any fish-inhabited impoundment being drawn down (for example, to repair or seal a pond) 25 Pa. Code § 105.122 [35]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).
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Fees, review time and penalties
The § 105.13 fee schedule was last amended effective Feb. 16, 2013, according to the Pennsylvania Code as current through July 4, 2026. The application fee for a new Size C dam is $8,000 (Hazard Category 4) to $10,500 (Hazard Category 1 or 2); Size B runs $17,000 to $19,000 and Size A $23,500 to $26,500. Section 105.13(a) exempts submissions by federal, state, county or municipal agencies or a municipal authority from its fee requirement. [8]
Sources differ on the EA review fee for a non-jurisdictional dam: the regulation sets $900 for Size C, $1,000 for Size B and $1,400 for Size A, DEP's fee worksheet lists $900, and DEP's pond FAQ quotes $500. The FAQ lists WO&E Permit fees of $1,750 plus $800 per tenth-acre of permanent and $400 per tenth-acre of temporary disturbance to waters, and says engineering, consulting and mitigation costs may be added. [3][8][9]
Annual dam registration fees are due by July 1 each year: $1,500 for Hazard Category 1 or 2, $800 for Category 3 and $0 for Category 4. If the fee is not received by July 1, dams regulated by DEP face temporary suspension of the dam permit, if they have one, and the owner may have to drain the reservoir at no more than 1 foot per day. Regulated dams that qualify for a § 105.12 waiver may be subject to the same temporary draining, and unpaid fees accrue 12% annual interest. § 105.131a, the annual registration section, only establishes the fees and does not say which dams must register or how. [8][36]
If DEP finds an application incomplete, the applicant has 60 days from DEP's letter to complete it, or DEP treats the application as withdrawn. Extension requests must be in writing. [37]
DEP's Permit Decision Guarantee policy, effective Nov. 2, 2012, lists a timeframe of 157 business days for a new Dam Safety Permit and for EA review of dam-related activities; the guarantee applies only to complete, technically adequate applications that address all applicable regulatory and statutory requirements in the first submission. DEP's 2012 standard operating procedures for those two reviews give the timeframe as "157 days." The Commonwealth's permit catalog, retrieved Sept. 28, 2026, lists no statutory or average completion time for the dam-related EA. [14][38][39][40]
DEP's SPEED page (as of Sept. 28, 2026) says Dam Safety permits are eligible for its voluntary SPEED program (Act 54 of 2024), in which DEP-approved Qualified Professionals do an expedited initial review and DEP then decides the permit. SPEED began accepting Chapter 105 and Dam Safety applications on Aug. 19, 2025; intake meetings are mandatory for Dam Safety projects, and Permit Decision Guarantee and PAyback review timeframes still apply. [41]
In an action DEP brings, the Environmental Hearing Board may assess a civil penalty of up to $10,000 plus $500 for each day of continued violation for violating the Act, its regulations or a DEP order, or for unlawful conduct under the Act, whether or not the violation was willful. Unlawful conduct under the Act is also a summary offense carrying a fine of $100 to $1,000 per offense, and unlawful conduct within two years after a summary conviction is a third-degree misdemeanor with a fine of $500 to $5,000 per offense, up to a year in prison, or both. [2]
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FeeDam permit application fees for NEW dam construction depend on the size and hazard category of the dam's final operating stage. Size C (the smallest): $10,500 (Hazard 1), $10,500 (Hazard 2), $10,000 (Hazard 3), $8,000 (Hazard 4). Size B: $19,000 / $19,000 / $18,500 / $17,000. Size A: $26,500 / $26,500 / $25,500 / $23,500.
Applies when: New jurisdictional dams 25 Pa. Code § 105.13(c)(1)(i) [8]Show the source text
(i) Dam permit application fees for new dam construction. ... | A | $26,500 | $26,500 | $25,500 | $23,500 ... | B | $19,000 | $19,000 | $18,500 | $17,000 ... | C | $10,500 | $10,500 | $10,000 | $8,000 ... (A) Initial fees are based upon the size and hazard potential category of the final operating stage of the dam.
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FeeThe regulation sets the Environmental Assessment review fee for NONJURISDICTIONAL dams, letters of amendment or letters of authorization at $1,400 (Size A), $1,000 (Size B) or $900 (Size C).
Applies when: Non-jurisdictional dams needing EA approval (e.g., in wetlands or EV waters) 25 Pa. Code § 105.13(c)(1)(vi) [8]Show the source text
(vi) Environmental assessment review fees for nonjurisdictional dams, letters of amendment or letters of authorization. ... | A | $1,400 ... | B | $1,000 ... | C | $900
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FeeThe Chapter 105 Fee(s) Calculation Worksheet that DEP's eLibrary served on 2026-09-28 (3150-PM-BWEW0553, Rev. 7/2016), Part Two (Dam Safety), Section B, lists these Environmental Assessment fees: "Environmental Assessment for Dam Removal (§105.12(a)(16))" $500; "Non-Jurisdictional Dams" $900 (a single amount, not broken out by size); and, for a Letter of Amendment or Authorization, Size A $1,400, Size B $1,000, Size C $900. Part One (Water Obstructions and Encroachments), Section B, separately lists "Environmental Assessment for Waived Activities (§105.13(c)(2)(iv))" at $500.
DEP form 3150-PM-BWEW0553 Rev. 7/2016, Part One Section B and Part Two Section B [9]Show the source text
3150-PM-BWEW0553 Rev. 7/2016 ... Environmental Assessment for Waived Activities (§105.13(c)(2)(iv)) ... $ 500 ... PART TWO: DAM SAFETY (USE ONE FEE SHEET PER DAM) ... Environmental Assessment ... Environmental Assessment for Dam Removal (§105.12(a)(16)) $ 500 $ ... Non-Jurisdictional Dams $ 900 $ ... Letter of Amendment or Authorization ... Size A $ 1,400 Size B $ 1,000 Size C $ 900
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FeeFor a non-jurisdictional dam across a stream, DEP's pond FAQ says that, depending on the design, a Water Obstruction and Encroachment Permit or an Environmental Assessment approval may be required. DEP lists a $500 Environmental Assessment review fee, or Water Obstruction and Encroachment Permit fees of $1,750 plus $800 per tenth-acre of permanent disturbance of waters and $400 per tenth-acre of temporary disturbance. Engineering, consulting and mitigation costs may be added.
Applies when: Non-jurisdictional dam across a stream PA DEP, "Introduction to Ponds and Chapter 105", Frequently Asked Questions [3]Show the source text
a Water Obstruction and Encroachment Permit or an Environmental Assessment approval may be required. There is a $500 Environmental Assessment review fee and the Water Obstruction and Encroachment Permit Fees are $1,750 plus $800 for every tenth acre of permanent disturbance of waters and $400 for every tenth acre of temporary disturbance to waters. In addition there may be engineering, consulting, and mitigation costs.
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FeeAnnual dam registration fees are due by July 1 each year: $1,500 for Hazard Potential Category 1 or 2 dams, $800 for Category 3 and $0 for Category 4, for every size category.
Applies when: Dams regulated by DEP (Hazard 4 is $0) 25 Pa. Code § 105.13(c)(1)(viii); § 105.131a [8]Show the source text
(viii) Annual dam registration fees as required under § 105.131a (relating to annual dam registration). ... | A | $1,500 | $1,500 | $800 | $0 ... | B | $1,500 | $1,500 | $800 | $0 ... | C | $1,500 | $1,500 | $800 | $0 ... (A) Annual registration fees are due by July 1 of each year.
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Requirement25 Pa. Code § 105.131a (Annual dam registration) consists of one sentence: "This chapter establishes annual dam registration fees according to § 105.13(c)(1)(viii) ... for the Department's administration of the act." It was adopted Feb. 15, 2013, effective Feb. 16, 2013 (43 Pa.B. 967). It does not describe which dams must register or how.
25 Pa. Code § 105.131a [36]Show the source text
§ 105.131a. Annual dam registration. ... This chapter establishes annual dam registration fees according to § 105.13(c)(1)(viii) (relating to regulated activities—information and fees) for the Department's administration of the act. ... The provisions of this § 105.131a adopted February 15, 2013, effective February 16, 2013, 43 Pa.B. 967.
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TimelineIf DEP finds an application incomplete, the applicant has 60 days from the date of DEP's letter to complete it. Otherwise DEP treats the application as withdrawn, and reapplying requires a new complete application and fee. Extension requests must be in writing.
25 Pa. Code § 105.13a(b) [37]Show the source text
The applicant shall have 60 days from the date of the Department’s letter to complete the application or the Department will consider the application to be withdrawn. Requests for a specific extension shall be submitted by the applicant in writing. The applicant will be notified in writing when an application is considered withdrawn. If the applicant chooses to reapply for a permit, a new complete application and fee will be required.
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TimelineDEP's Permit Decision Guarantee policy (Doc. No. 021-2100-001, effective Nov. 2, 2012) lists "Environmental Assessment Review for Dam-Related Activities" (application type NEW) with a guarantee timeframe of 157 business days, the same as a Dam Safety Permit. The guarantee applies only to complete, technically adequate applications that address all applicable regulatory and statutory requirements in the first submission. It also lists "Environmental Assessment for Waived Activities for Water Obstruction & Encroachment" at 86 business days.
DEP Policy 021-2100-001, Policy statement and Appendix A (Dam Safety; Water Obstruction & Encroachment) [38]Show the source text
EFFECTIVE DATE: November 2, 2012 ... For the permits contained in the Permit ... Decision Guarantee, the Department guarantees to provide permit ... decisions within the published timeframes, provided applicants submit ... complete, technically adequate applications that address all applicable ... regulatory and statutory requirements in the first submission. ... -Dam Safety- ... Dam Safety Permit NEW 157 ... Environmental Assessment Review for Dam-Related Activities NEW 157 ... (Business Days) ... Environmental Assessment for Waived Activities for Water ... Obstruction & Encroachment NEW 86
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TimelineDEP's Standard Operating Procedure for new Chapter 105 dam permits (dated November 2, 2012) states that the Permit Decision Guarantee timeframe for new dam permits is 157 days. The SOP says it supplements existing requirements, that nothing in it affects regulatory requirements, and that it is not an adjudication or a regulation.
Applies when: New jurisdictional dam permits eligible for the Permit Decision Guarantee PA DEP, SOP for Chapter 105 Dam Safety Program Review of Chapter 105 New Dam Permit (Nov. 2, 2012), p. 1 [39]Show the source text
This SOP is intended to comply with the Policy for Implementing the Department of ... The Permit Decision Guarantee Timeframe for Chapter 105 New Dam Permits is 157 days. ... DISCLAIMER: The process and procedures outlined in this Standard Operating Procedure (SOP) are intended to supplement existing requirements. Nothing in the SOP shall affect regulatory requirements. The process, procedures and interpretations herein are not an adjudication or a regulation.
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Civil penalties: in an action DEP brings before the Environmental Hearing Board, the Board may assess a civil penalty for a violation of the Act or its regulations, a violation of a DEP order, or unlawful conduct under the Act. The penalty may not exceed $10,000 plus $500 for each day of continued violation, and may be assessed whether or not the violation was willful. In setting the amount, the Board considers the willfulness of the violation, damage or injury to the stream regimen and downstream areas, the cost of restoration, the Commonwealth's cost of enforcement, and other relevant factors.
Dam Safety and Encroachments Act § 21(a) (32 P.S. § 693.21(a)) [2]Show the source text
a violation of a provision of this act or any rule or regulation issued hereunder; (2) a violation of any order of the department; or (3) engaging in any unlawful conduct ... the hearing board, in an action instituted before it by the department, may assess a civil penalty ... whether or not the violation was willful. ... shall not exceed $10,000, plus $500 for each day of continued violation. ... the board shall consider the willfulness of the violation, damage or injury to the stream regimen ... cost of restoration, the cost to the Commonwealth of enforcing ... other relevant factors.
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Criminal penalties: unlawful conduct under the Act is a summary offense with a fine of $100 to $1,000 for each separate offense, or up to 60 days' imprisonment if the fine is not paid. Unlawful conduct within two years after a summary conviction is a third-degree misdemeanor with a fine of $500 to $5,000 per offense, up to one year's imprisonment, or both.
Dam Safety and Encroachments Act § 22(a)–(b) (32 P.S. § 693.22(a)–(b)) [2]Show the source text
(a) Any person who engages in unlawful conduct as defined in this act is guilty of a summary offense ... shall be sentenced to pay a fine of not less than $100 nor more than $1,000 for each separate offense, and, in default of the payment of such fine, to imprisonment for a period of not more than 60 days. ... (b) Any person who, within two years after a conviction in a summary proceeding ... is guilty of a misdemeanor of the third degree ... fine of not less than $500 nor more than $5,000 for each separate offense or to imprisonment for a period of not more than one year, or both.
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More detail
More detail: 68 more verified statements on Pennsylvania dam safety and small pond dams
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StatusThe official Pennsylvania Code website states that it reflects Pennsylvania Code changes effective through 56 Pa.B. 4026 (July 4, 2026).
25 Pa. Code (pacodeandbulletin.gov currency statement) [1]Show the source text
The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 56 Pa.B. 4026 (July 4, 2026).
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DefinitionThe Act defines a "high hazard dam" as any dam so located as to endanger populated areas downstream by its failure. It defines an "encroachment" as any structure or activity that in any manner changes, expands or diminishes the course, current or cross-section of any watercourse, floodway or body of water. A "water obstruction" includes any dike, bridge, culvert, wall, wing wall, fill, pier, wharf, embankment, abutment or other structure located in, along, across or projecting into any watercourse, floodway or body of water.
Dam Safety and Encroachments Act § 3 (32 P.S. § 693.3) [2]Show the source text
"Encroachment." Any structure or activity which in any manner changes, expands or diminishes the course, current or cross-section of any watercourse, floodway or body of water. ... "High hazard dam." Any dam so located as to endanger populated areas downstream by its failure. ... "Water obstruction." Includes any dike, bridge, culvert, wall, wing wall, fill, pier, wharf, embankment, abutment or other structure located in, along, across or projecting into any watercourse, floodway or body of water.
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DefinitionChapter 105 defines "freeboard" as the vertical distance between the water surface elevation during the design flood and the crest elevation of a dam, levee, floodwall or other embankment. A "spillway" is a device that safely conveys the design flood of a dam without endangering the dam's safety or integrity. The "PMF" (probable maximum flood) is the flood expected from the most severe combination of critical meteorologic and hydrologic conditions reasonably possible in an area.
25 Pa. Code § 105.1 (definitions of "Freeboard", "PMF" and "Spillway") [11]Show the source text
Freeboard—The vertical distance between the water surface elevation experienced during the design flood and the crest elevation of a dam levee, floodwall or other embankment. ... PMF—Probable maximum flood—The flood that may be expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible in an area. ... Spillway—A device which safely conveys the design flood of a dam without endangering the dam’s safety or integrity.
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Size cutoffChapter 105 also regulates dams used to store fluids or semifluids other than water whose escape may cause air, water or land pollution or danger to persons or property. It also covers water obstructions and encroachments other than dams that are in, along, across or projecting into a watercourse, floodway or body of water, whether temporary or permanent, and flood control projects built, owned or maintained by a governmental unit.
25 Pa. Code § 105.3(a)(3)–(5); see also Act § 4(3)–(4) [1]Show the source text
(3) Dams used for the storage of fluids or semifluids other than water, the escape of which may result in air, water or land pollution or in danger to persons or property. (4) Water obstructions and encroachments other than dams located in, along or across, or projecting into a watercourse, floodway or body of water, whether temporary or permanent. (5) Flood control projects constructed, owned or maintained by a governmental unit.
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Size cutoffAlong Lake Erie, DEP jurisdiction is bounded by a high water elevation of 572.8 feet and a low water elevation of 568.6 feet (International Great Lakes Datum). Dams, water obstructions and encroachments built between those elevations need a permit under section 6 of the Act. Those built lakeward of 568.6 IGLD need both a permit and a Submerged Lands License Agreement under section 15 of the Act.
Applies when: Structures in and along Lake Erie only 25 Pa. Code § 105.3(b) [1]Show the source text
the Department’s jurisdiction in and along Lake Erie will be defined by the high water elevation of 572.8 feet International Great Lakes Datum (IGLD) and low water elevation of 568.6 IGLD. Dams, water obstructions and encroachments constructed between elevation 572.8 IGLD and elevation 568.6 IGLD require a permit under section 6 of the act ... Dams, water obstructions and encroachments constructed lakeward of elevation 568.6 IGLD require both a permit under section 6 of the act and a Submerged Lands License Agreement under section 15 of the act
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ExemptionThe permit requirement is waived for a water obstruction in a stream or floodway with a drainage area of 100 acres or less. The waiver does not apply to wetlands located in the floodway.
Applies when: Water obstructions on small drainages (the text does not say it covers dams) 25 Pa. Code § 105.12(a)(2) [4]Show the source text
(2) A water obstruction in a stream or floodway with a drainage area of 100 acres or less. This waiver does not apply to wetlands located in the floodway.
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ExemptionThe permit requirement is waived for a dam subject to the federal Mine Safety and Health Administration impoundment rules (30 CFR 77.216-1 and 77.216-2), if DEP determines from the applicant's preliminary data that the dam is Size Classification C and Hazard Potential Classification 3 and it is not on a designated wild and scenic river.
Applies when: Mining impoundments only (not farm ponds) 25 Pa. Code § 105.12(a)(4) [4]Show the source text
(4) A dam subject to the requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2 ... if the Department determines on the basis of preliminary data submitted by the applicant that the dam is of Size Classification C and Hazard Potential Classification 3 as defined in § 105.91 (relating to classification of dams and reservoirs) and is not located in a watercourse or body of water designated as a wild and scenic river
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ExemptionThe permit requirement is waived for removing abandoned dams, water obstructions and encroachments if DEP determines in writing, from the applicant's data, information or plans, that removal cannot imperil life or property, significantly affect coastal resources or harm the environment, and the plans provide for restoring and stabilizing the project area.
Applies when: Removing an abandoned pond dam 25 Pa. Code § 105.12(a)(11) [4]Show the source text
(11) The removal of abandoned dams, water obstructions and encroachments if the Department determines in writing on the basis of data, information or plans submitted by the applicant that the removal of the abandoned dam water obstruction or encroachment cannot imperil life or property, have significant effect on coastal resources or have an adverse impact on the environment, and the plans provide for restoration and stabilization of the project area.
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ExemptionFor structures whose construction was completed before July 1, 1979, the permit requirement is waived for: (1) a dam no more than 5 feet high in a nonnavigable stream that is operated and maintained for water supply; and (2) a dam that DEP determines, from the applicant's preliminary data, is Size Category C and Hazard Potential Category 4 and has no significant effect on coastal resources or adverse impact on the environment.
Applies when: Existing dams completed before July 1, 1979 25 Pa. Code § 105.12(b)(1)–(2) [4]Show the source text
are waived for the following structures or activities, if construction was completed prior to July 1, 1979. ... (1) A dam not exceeding 5 feet in height in a nonnavigable stream operated and maintained for water supply purposes. (2) A dam which the Department determines, on the basis of preliminary data submitted by the applicant, is of Size Category C and Hazard Potential Category 4, as defined in § 105.91 (relating to classification of dams and reservoirs) and does not have a significant effect on coastal resources or an adverse impact on the environment.
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ProcessProjects that do not change the top-of-dam elevation, normal pool elevation, or normal operation of the pool level may be authorized by a Letter of Amendment (for a dam with an existing permit) or a Letter of Authorization (for a dam that meets the pre-1979 waiver in § 105.12(b)).
Applies when: Existing permitted dams, or pre-July 1, 1979 waived dams (e.g., repairs) 25 Pa. Code § 105.89(a) [25]Show the source text
Projects which do not modify top of dam elevation, normal pool elevation, or normal operation of the pool level may be authorized by Letter of Amendment when the dam has an existing permit or by Letter of Authorization when the dam meets § 105.12(b) (relating to waiver of permit requirements).
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RequirementDEP's Environmental Assessment instructions list non-jurisdictional dams located in wetlands or an exceptional value water (as defined in Chapter 93) as a case where no Chapter 105 permit is needed but an approved Environmental Assessment is required. The same list includes structures or activities that need Clean Water Act § 401 water quality certification.
Applies when: Non-jurisdictional dams in wetlands or EV waters; projects needing 401 certification PA DEP, Environmental Assessment Form Instructions, 3150-PM-BWEW0017 (Rev. 3/2022), p. 1 [10]Show the source text
IN THE FOLLOWING CIRCUMSTANCES, A CHAPTER 105 PERMIT IS NOT NECESSARY; HOWEVER, AN APPROVED ENVIRONMENTAL ASSESSMENT IS REQUIRED: ... §105.15(b) - For structures or activities where water quality certification is required under Section 401 of the Clean Water Act ... §105.15(a)(2) and (3) - Non-jurisdictional dams that are located in wetlands or an exceptional value water as defined in Chapter 93.
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RequirementEarthfill dams must be shown to be stable with minimum factors of safety of: 1.5 at normal pool with steady-state seepage; 1.4 at maximum pool with steady-state seepage; 1.2 for sudden drawdown from normal pool; 1.1 at normal pool under the maximum credible earthquake; and 1.3 at completion of construction with no pool.
Applies when: Jurisdictional earthfill dams 25 Pa. Code § 105.97(c) [27]Show the source text
(c) Earthfill dams must be demonstrated to be stable for the following conditions: (1) Normal pool with steady-state seepage conditions with a factor of safety of 1.5. (2) Maximum pool with steady-state seepage conditions with a factor of safety of 1.4. (3) Sudden drawdown from normal pool conditions with a factor of safety of 1.2. (4) Normal pool with steady-state seepage conditions under seismic forces produced by the maximum credible earthquake with a factor of safety of 1.1. (5) Completion of construction with no pool with a factor of safety of 1.3.
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RequirementChapter 105's freeboard rule has no numeric minimum. It says only that sufficient freeboard may be required to prevent overtopping and to allow for wave and ice action.
Applies when: Jurisdictional dams 25 Pa. Code § 105.95 [28]Show the source text
Sufficient freeboard may be required to prevent overtopping of the dam and to allow for wave and ice action.
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RequirementBefore submitting an EAP, the owner must meet with the emergency management coordinators of every county affected by a failure of the dam. Each EAP submission must be signed by the dam owners, the dam operators and those county coordinators. Owners of Hazard Potential Category 1 or 2 dams must also post notices in public locations in areas that could be affected by a failure.
Applies when: Hazard Potential Category 1, 2 or 3 dams; posting applies to Categories 1 and 2 25 Pa. Code § 105.134(a)(1)–(2), (d) [19]Show the source text
(1) Prior to submitting the EAP for review or approval, the permittee or owner shall schedule a meeting with the county emergency management coordinators for those counties affected by the dam’s failure. (2) Each submission of the EAP must be signed by the dam owners, the dam operators, and the county emergency management coordinators ... the permittee or owner of a Hazard Potential Category 1 or Category 2 dam shall post notices in public locations in areas that may be affected by the failure of the dam.
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RequirementAccepted proof of financial responsibility includes: a Public Utility Commission certificate of public convenience (for regulated utilities); ownership or management of the facility by a federal, state, county or municipal agency or an interstate compact agency; or a bond or other legal device acceptable to DEP, payable to the Commonwealth. DEP may not raise the bond amount more than once every 10 years unless the facility is being modified by permit.
Applies when: Hazard Potential Category 1 or 2 dams 25 Pa. Code § 105.13b(1)–(2) [20]Show the source text
(i) A certificate of public convenience from the Public Utility Commission ... (ii) Ownership or management of the facility by an agency of the Federal, State, county or municipal government or of an interstate compact. (iii) A bond or other legal device of a form acceptable to the Department, payable to the Commonwealth ... The Department may not increase this amount more than once every 10 years unless the facility is being modified by permit.
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RequirementRegardless of when a dam was built or whether DEP (or a predecessor) ever permitted it, the owner has a duty to evaluate the safety of the dam and modify it to protect life and property in light of changed conditions and current safety criteria. If inspection findings require structural or operational changes, the owner must apply for a permit or permit amendment.
25 Pa. Code § 105.53(b) [21]Show the source text
Regardless of the date of construction of a dam ... or whether or not it was permitted by the Department or its predecessors, it shall be the duty of the permittee or owner of a dam ... to evaluate the safety of the facility and appurtenant structures and to modify the facility in accordance with the permit requirements of § 105.11 ... to ensure the protection of life and property with respect to changed conditions and current safety criteria. If structural or operation modifications are required as a result of the inspection findings, the permittee or owner shall apply for a permit
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RequirementFor dams or reservoirs built after August 28, 1978, the minimum release to the stream below is the Q7-10 flow plus an additional release set by a formula based on reservoir storage, unless DEP modifies it. The regulation says the formula result may not exceed 0.25 cubic feet per square mile of watershed. Every dam must at all times be operated to pass the required flow into the stream below.
Applies when: Permitted on-stream dams built after Aug. 28, 1978 25 Pa. Code § 105.113(b)(1), (d) [25]Show the source text
(b) For dams or reservoirs constructed after August 28, 1978: (1) The minimum release rate unless modified in accordance with paragraph (2) shall be the average consecutive 7 day flow having a recurrence interval of once in 10 years (Q 7-10) plus an additional release rate determined by the following formula ... The minimum release rate determined by this formula shall not exceed 0.25 cubic feet per square mile of watershed. ... (d) Every dam must at all times be operated in a manner to allow the required flow of water into the stream below the dam
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TimelineUnless the permit says otherwise, if work under a dam permit has not started by December 31 of the 5th year after the permit was issued, the owner must notify DEP 6 months before the expected start so the design can be reassessed and reauthorized in writing. During reassessment the owner may have to revise the design for changes in site conditions, dam classification, new technology or revisions to Chapter 105.
Applies when: Issued dam permits 25 Pa. Code § 105.43(c) [42]Show the source text
For dams, unless otherwise stated, if work authorized by the dam permit or other Department approval has not commenced on or before December 31 of the 5th year following permit issuance or other Department approval, the permittee or owner shall notify the Department 6 months prior to the anticipated commencement of work so that the project design can be reassessed and reauthorized in writing. During the design reassessment, the permittee or owner may be required to make revisions due to changes in site conditions, dam classification, new technology or revisions to this chapter.
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FeeOther dam fees for Size C dams: $7,500 to modify an existing dam (any hazard category). An operation and maintenance permit for an existing dam costs $7,000 (Hazard 1), $7,000 (Hazard 2), $6,500 (Hazard 3) or $6,000 (Hazard 4). Letter of Amendment or Letter of Authorization review costs $4,400 for a major project or $650 for a minor project; for Size B these are $8,700 and $1,000, and for Size A $14,700 and $1,300. A major project has total construction costs of $250,000 or more.
25 Pa. Code § 105.13(c)(1)(ii)–(iv) [8]Show the source text
| C | $7,500 | $7,500 | $7,500 | $7,500 ... (iii) Dam permit application fees for operation and maintenance of existing dams. ... | C | $7,000 | $7,000 | $6,500 | $6,000 ... (iv) Letter of amendment or authorization review fees. ... | A | $14,700 | $1,300 ... | B | $8,700 | $1,000 ... | C | $4,400 | $650 ... whose total construction costs equal or exceed $250,000.
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FeeIf the annual registration fee is not received by July 1, a DEP-regulated dam faces temporary suspension of its dam permit (if it has one), and the owner may have to drain the reservoir at no more than 1 foot per day. Dams qualifying for a § 105.12 waiver may face temporary draining at the same rate. Unpaid fees accrue interest at 12% per year from the original due date.
25 Pa. Code § 105.13(c)(1)(viii)(B)–(D) [8]Show the source text
(B) If the annual registration fee is not received by July 1, dams regulated by the Department are subject to a temporary suspension of the dam permit, if applicable, and the owner or operator may be required to drain the reservoir at a rate not to exceed 1 foot per day. (C) If the annual registration fee is not received by July 1, dams regulated by the Department qualifying for waiver of permit provisions in § 105.12 ... may be subject to a temporary draining of the reservoir at a rate not to exceed 1 foot per day. ... at a rate of 12% per annum until payment is remitted.
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FeeThe regulation's dam permit TRANSFER fees, as printed, are $550 where no proof of financial responsibility is required and $300 where proof of financial responsibility is required.
25 Pa. Code § 105.13(c)(1)(vii) [8]Show the source text
(vii) Transfer of dam permit as required under § 105.25 (relating to transfer of permits). ... | No Proof of Financial Responsibility Required | $550 ... | Proof of Financial Responsibility Required | $300
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AgencyDEP's Division of Dam Safety regulates dams and reservoirs statewide. It is responsible for proper planning, design review, construction review, maintenance monitoring and supervision of dams. It directs and coordinates field investigations of authorized projects with DEP regional offices during construction, and it guides regional staff in periodic inspections of all existing dams.
PA DEP, Dam Safety program page [43]Show the source text
The Division of Dam Safety provides for the regulation and safety of dams and reservoirs throughout the Commonwealth in order to protect the health, safety and welfare of its citizens and their property. This division is required to assure proper planning, design review, construction review, maintenance monitoring and supervision of dams and reservoirs. ... The division directs and coordinates field investigations with regional offices on authorized projects during construction; provides program guidance and coordination to regional program staff in the periodic inspection of all existing dams
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ProcessDEP's dam permit instructions say DEP will decide whether the project qualifies for federal authorization under the current Pennsylvania State Programmatic General Permit (PASPGP) and, if required, forward the application to the appropriate U.S. Army Corps of Engineers District Office. An application for a project requiring a Dam Permit is also treated as a request for Clean Water Act § 401 Water Quality Certification.
Applies when: Jurisdictional dams PA DEP, Instructions for Completing Dam Permit Application, 3140-PM-BWEW0001 (Rev. 6/2018), p. 1 [17]Show the source text
The Department will also determine if the project is ... eligible for Federal authorization under the terms of the ... most recent Pennsylvania State Programmatic General ... Permit (PASPGP). If required, the Department will ... forward a copy of the permit application to the ... Applications submitted to the Bureau of Waterways ... Engineering and Wetlands for projects requiring a Dam ... Permit will also be considered a request for Water ... Quality Certification under Section 401 of the Federal
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ProcessFor JURISDICTIONAL (permitted) dams, DEP says removing accumulated sediment from behind the dam counts as maintenance under § 105.131(c) and needs no further DEP authorization, as long as the reservoir is not expanded beyond its original design storage capacity. Any repair or modification of any kind to a jurisdictional dam should be brought to DEP's Division of Dam Safety to determine the regulatory requirements.
Applies when: Existing ponds impounded by jurisdictional dams (e.g., leak repair) PA DEP, "Introduction to Ponds and Chapter 105" (Jurisdictional Dams) [3]Show the source text
Maintenance Dredging - Per Section 105.131(c) of the Department’s Rules and Regulations, removal of accumulated sediments from a reservoir area behind a permitted dam is considered maintenance and does not require further Department authorization provided this activity does not expand the reservoir volume beyond the original design storage capacity. ... Dam/Outlet Repair - Any dam repair or modification of any kind to a jurisdictional dam should be presented to DEP’s Division of Dam Safety for a determination of regulatory requirements.
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RequirementUnder the Act, the owner of any dam that DEP has classified as a high hazard dam must post notices in public places in any area that might be affected by the dam's failure.
Applies when: High hazard dams Dam Safety and Encroachments Act § 13(b) (32 P.S. § 693.13(b)) [2]Show the source text
(b) In addition to the duties of subsection (a), the owner of any high hazard dam which has been classified as such by the Department of Environmental Resources shall post notices in public places in any area which might be affected by the failure of the dam.
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TimelineDEP's Standard Operating Procedure for Environmental Assessment approvals for dam-related activities (dated November 2, 2012) states that the Permit Decision Guarantee timeframe for those approvals is 157 days.
Applies when: EA approvals for dam-related activities, including non-jurisdictional dams in wetlands or EV waters PA DEP, SOP for Chapter 105 Dam Safety Program Review of Chapter 105 Environmental Assessment Review for Dam Related Activities (Nov. 2, 2012), p. 1 [14]Show the source text
The Permit Decision Guarantee Timeframe for Chapter 105 ... Environmental Assessment Approval for Dam Related Activities is 157 days.
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ProcessDam Safety permits are eligible for DEP's voluntary SPEED program (Streamlining Permits for Economic Expansion and Development, Act 54 of 2024). Under SPEED, DEP-approved Qualified Professionals do an expedited initial review, and DEP then decides the permit. SPEED began accepting Chapter 105 and Dam Safety applications on August 19, 2025. Intake Meetings are mandatory for Dam Safety projects, and Permit Decision Guarantee and PAyback review timeframes still apply to SPEED permits.
Applies when: Optional expedited review for dam permit applicants PA DEP, "Streamlining Permits for Economic Expansion and Development (SPEED)" [41]Show the source text
Through SPEED, Applicants for select permits will be able to use DEP-approved Qualified Professionals to conduct initial reviews of applications for expedited review. ... make the decision to approve or deny the permit ... Dam Safety permits (Ch. 105)* ... Permit Decision Guarantee and PAyback review timeframes will still apply to SPEED permits. ... Act 54 of 2024 ... Chapter 105, Dam Safety, and the remaining Chapter 102 permits that are currently eligible for SPEED began being accepted on August 19, 2025. ... (For Dam Safety projects, Intake Meetings are mandatory.)
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StatusIn the preamble to its December 2020 proposed Chapter 105 rulemaking, the EQB said the dam permit transfer fees printed in § 105.13(c)(1)(vii) had been published in reverse order by error. It proposed $550 for transfers of Hazard Potential Category 1 or 2 dams, which require proof of financial responsibility, and $300 for Category 3 or 4 dams, which do not. This was a proposal only and was never finalized (see pa-dam-safety-090).
Environmental Quality Board, Proposed Rulemaking, 50 Pa.B. 6863 (Dec. 5, 2020), preamble on § 105.13(c)(1)(vii) [15]Show the source text
The fees in this subsection were initially published in reverse order by error. The fee for a dam permit transfer for dams classified as hazard potential category 1 or 2 under § 105.91 ... for which proof of financial responsibility is required under § 105.13b ... is proposed to be $550. The fee for a dam permit transfer for dams classified as hazard potential category 3 or 4 under § 105.91, for which no proof of financial responsibility is required under § 105.13b, is proposed to be $300.
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StatusDEP's Dam Safety "Guidelines and Guidance" page lists, under the heading "Environmental Assessment", an item titled "Environmental Assessment for Non-Jurisdictional or Permit Waived Dams", with three components: instructions for completing it, an Environmental Assessment Information Sheet, and an Information Completeness Checklist.
DEP Dam Safety — Guidelines and Guidance page, "Environmental Assessment" section [23]Show the source text
Environmental Assessment Environmental Assessment for Non-Jurisdictional or Permit Waived Dams Instructions For Completing An Environmental Assessment For Non-Jurisdictional Or Permit Waived Dams Environmental Assessment Information Sheet Information Completeness Checklist
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ProcessForm 3140-PM-BWEW0002 directs that all forms, plans, reports, photographs and other information be submitted in triplicate, with the required application fee, to the DEP Bureau of Waterways Engineering and Wetlands, Division of Dam Safety, P.O. Box 8460, Harrisburg, PA 17105-8460.
DEP form 3140-PM-BWEW0002 Rev. 7/2013 (Instructions), Note (submission) [13]Show the source text
NOTE: All forms, plans, reports, photographs and ... other information must be submitted in triplicate, ... along with the required application fee to: ... Department of Environmental Protection ... Bureau of Waterways Engineering and Wetlands ... Division of Dam Safety ... P.O. Box 8460 ... Harrisburg, PA 17105-8460
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RequirementThe Environmental Assessment Information Sheet in form 3140-PM-BWEW0002 asks for: the owner and the agent or preparer; the stream or body of water; the Corps District (Baltimore, Philadelphia or Pittsburgh); the USGS 7½-minute quadrangle and the latitude and longitude; the project purpose and need; and these project data: drainage area to the dam (acres or square miles), maximum depth to the top of the dam (feet), crest length (feet), impoundment surface area at normal pool and at top of dam (acres), and storage volume at normal pool and at top of dam (acre-feet).
DEP form 3140-PM-BWEW0002 Rev. 7/2013 (Application: Environmental Assessment Information Sheet), Sections A-D [13]Show the source text
SECTION A. OWNER INFORMATION ... SECTION B. AGENT/PREPARER INFORMATION ... SECTION C. PROJECT LOCATION DATA ... Corps District where project will occur. ... Baltimore Philadelphia Pittsburgh ... Name of the U.S.G.S. 7½ Minute Quadrangle Map ... Latitude: Longitude: ... Project purpose and need: ... SECTION D. PROJECT DATA ... Drainage Area to dam (acres) or (square miles) Maximum Depth to Top of Dam feet ... Crest Length feet ... Impoundment Surface Area: ... at normal pool acres Storage Volume: at normal pool acre feet ... at top of dam acres at top of dam acre feet
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RequirementThe instructions say the dam's size and hazard classifications must be determined "in accordance with the requirements of section 105.9" of Chapter 105, and that a narrative justifying the selected hazard classification must be provided.
DEP form 3140-PM-BWEW0002 Rev. 7/2013 (Instructions), Section D (Size and Hazard Classification) [13]Show the source text
Size and Hazard Classification - The determination ... of size and hazard classifications shall be made in ... accordance with the requirements of section 105.9 ... of the Department's Chapter 105 Rules and Regula- ... tions. Additionally a narrative providing justification ... for selection of the Hazard Classification must be ... provided.
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RequirementFor the site plan, the instructions require three legible sets of plan drawings. Each set must include a site plan clearly showing property lines, all regulated waters of the Commonwealth (streams, rivers, lakes, swamps, bogs, marshes, wetlands, ponds or reservoirs) and all proposed structures and activities, plus a plan view and cross sections of each proposed structure or activity. The project narrative must describe the structure types, amounts of excavation and fill, the purpose, and the effects on public health, safety and the environment.
DEP form 3140-PM-BWEW0002 Rev. 7/2013 (Instructions), Checklist items d-e [13]Show the source text
Each set of ... plan drawings (a total of three is required) must be legi- ... (1) A site plan drawing which clearly shows property ... lines, all regulated waters of the Commonwealth ... lands, ponds or reservoirs) and all proposed structures ... (2) Drawings which provide a plan view and cross ... sections of each proposed structure or activity. ... structure type(s), ... amounts of excavation/fill and what purpose the struc- ... ture or activity will serve. The narrative must also de- ... scribe in detail what effects the project will have on ... public health, safety and the environment.
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RequirementOther checklist items in the instructions: (a) a photocopy of the USGS 7½-minute quadrangle map with the site located; (b) the completed Cultural Resource Notice and the return receipt showing the Pennsylvania Historical and Museum Commission (PHMC) received it, attached to each copy of the package; and (c) the results of the completed PNDI (Pennsylvania Natural Diversity Inventory) Project Planning Environmental Review, with any resource-agency comment forms. Items (h) and (i) require a mitigation plan and an alternatives analysis, each as a separate document.
DEP form 3140-PM-BWEW0002 Rev. 7/2013 (Instructions), Checklist items a-c, h-i [13]Show the source text
a. Location Map: Submit a photocopy of the U.S.G.S. ... 7½ minute quadrangle map where the site is located. ... b. Determination of historic/archaeological sites: ... Complete and attach to each copy of this ... NOTICE" and the return receipt that shows that the ... PHMC received this notice. ... c. Completed and approved PNDI: Results of the ... completed PNDI (Pennsylvania Natural Diversity ... The mitigation plan must be a separate document ... i. Alternatives Analysis: As a separate document,
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RequirementFor non-jurisdictional dams in an exceptional value watershed, the form requires additional items (k) to (p): the mean and maximum depth of the stream at the dam location; a description of the release structure; the rate of a conservation release; the design of bypass structures; the use of the dam; and the material used to build the dam. The instructions also note that DEP may request more information after its initial review, depending on the functions and complexity of the proposed dam.
Applies when: Non-jurisdictional dam in an exceptional value watershed (Chapter 93) DEP form 3140-PM-BWEW0002 Rev. 7/2013 (Application: Environmental Assessment Information Sheet), Section E items k-p; DEP form 3140-PM-BWEW0002 Rev. 7/2013 (Instructions), notes * and ** [13]Show the source text
**NOTE: Depending on the functions and complexity of ... the proposed dam, the Department may request additional information to be submitted after its initial ... *FOR NON-JURISDICTIONAL DAMS LOCATED IN AN EXCEPTIONAL ... VALUE WATERSHED SUBMIT THE FOLLOWING ADDITIONAL ... k. The mean depth and maximum depth of the stream at the location of the dam. ... l. Description of the release structure. ... m. The rate of a conservation release ... n. The design of bypass structures ... o. The use of the dam. ... p. The material used for dam construction.
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FeeThe form says the application fee check must be made payable to "Commonwealth of Pennsylvania Clean Water Fund" and attached to the front of the application package. The form itself does not state a dollar amount; its checklist points to the fee worksheet 3150-PM-BWEW0553.
DEP form 3140-PM-BWEW0002 Rev. 7/2013 (Instructions), Checklist item j [13]Show the source text
j. Application Fee: Please attach the check made ... payable to "Commonwealth of Pennsylvania ... Clean Water Fund" to the front of the application ... package.
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Requirement25 Pa. Code § 105.15(a) says a person may not construct, operate, maintain, modify, enlarge or abandon the listed categories of structures until DEP has approved an Environmental Assessment in writing. The categories include: (a)(2) dams, water obstructions or encroachments located in, along or projecting into a wetland for which a permit is not otherwise required under Chapter 105; and (a)(3) dams located in, along or projecting into an exceptional value water (Chapter 93) for which a permit is not otherwise required.
25 Pa. Code § 105.15(a)(2)-(3) [5]Show the source text
(a) 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 ... for which a permit is not otherwise required under this chapter
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RequirementFor an exceptional value water dam under § 105.15(a)(3), the applicant must also submit: the surface area of the impoundment; the height of the dam; the mean and maximum depth of the stream at the dam location; a description of the release structure; the rate of a conservation release; the design of bypass structures; the use of the dam; and the material used to construct the dam.
Applies when: Dam in, along or projecting into an exceptional value water, where no Chapter 105 permit is otherwise required 25 Pa. Code § 105.15(a)(3)(i)-(viii) [5]Show the source text
(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 of the dam. ... (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 used for construction of the dam.
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RequirementUnder § 105.15(b), an applicant seeking a Section 401 water quality certification must prepare and submit an environmental assessment for every dam, water obstruction or encroachment located in, along, across or projecting into regulated waters. Under § 105.15(c), DEP may require further studies, information, analyses and reports based on the environmental assessment.
25 Pa. Code § 105.15(b)-(c) [5]Show the source text
(b) For structures or activities where water quality certification is required under section 401 of the Clean Water Act ... an applicant requesting water quality certification under section 401 shall prepare and submit to the Department for review, an environmental assessment ... for every dam, water obstruction or encroachment located in, along, across or projecting into the regulated water of this Commonwealth. ... the Department may require the applicant to undertake further studies and submit additional information, analyses and reports as found necessary by the Department.
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ExemptionUnder § 105.15(d), DEP has already conducted the environmental assessment for all general permits and for the waiver categories in § 105.12(a)(1)-(10) and (12)-(15), which include the (a)(1) small-dam waiver and the (a)(2) small-drainage-area water obstruction waiver. The subsection also says the environmental assessment has been conducted for the structures or activities listed in § 105.12(b), or for which water quality certification has been granted for a Nationwide permit regulating the structure or activity and the environmental assessment requirements have been deemed satisfied.
25 Pa. Code § 105.15(d) [5]Show the source text
(d) The environmental assessment has been conducted by the Department for all general permits, categories of structures and activities listed in § 105.12(a)(1)—(10) and (12)—(15) (relating to waiver of permit requirements). The environmental assessment has also been conducted for the structures or activities listed in § 105.12(b) or for which water quality certification has been granted for a Nationwide permit regulating the structure or activity and the environmental assessment requirements have been deemed satisfied.
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Definition25 Pa. Code § 105.91 sets size and hazard categories. Size Category is set by storage or height, whichever gives the higher category; Size C is 1,000 acre-feet or less of impoundment storage and 40 feet or less of dam height. Hazard Potential Category 3 and Category 4 both have no population at risk ("None expected"). Category 3 involves significant damage to property and short-duration public inconvenience. Category 4 involves minimal damage and no significant public inconvenience.
25 Pa. Code § 105.91(b) [16]Show the source text
(b) Size Category will be determined by either storage or height of structure, whichever results in the higher category. ... | C | Equal to or less than 1000 | Equal to or less than 40 ... | 3 | None expected (no permanent structures for human habitation or employment.) | Significant damage to private or public property and short duration public inconvenience ... | 4 | None expected (no permanent structures for human habitation or employment.) | Minimal damage to private or public property and no significant public inconvenience.
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Requirement25 Pa. Code § 105.13(j) requires that plans, specifications and reports accompanying applications "for any category of dams" be sealed by a registered professional engineer, with a signed certification that they were prepared in accordance with accepted engineering practice and conform to Chapter 105. The same rule applies to bridges and other water obstructions or encroachments that would pose a threat to human life or a substantial potential risk to property.
25 Pa. Code § 105.13(j) [8]Show the source text
(j) Plans, specifications and reports accompanying applications for any category of dams, or for bridges and other water obstructions or encroachments which would pose a threat to human life or substantial potential risk to property shall be affixed with the seal of a registered professional engineer and a certification, signed by the registered professional engineer ... has been prepared in accordance with accepted engineering practice, is true and correct, and is in conformance with Chapter 105 of the rules and regulations of the Department of Environmental Protection.
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Fee25 Pa. Code § 105.13(c)(1)(vi) sets "Environmental assessment review fees for nonjurisdictional dams, letters of amendment or letters of authorization" by dam size category: Size A $1,400; Size B $1,000; Size C $900.
25 Pa. Code § 105.13(c)(1)(vi) [8]Show the source text
(vi) Environmental assessment review fees for nonjurisdictional dams, letters of amendment or letters of authorization. ... | Size Category | Fee ... | A | $1,400 ... | B | $1,000 ... | C | $900
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FeeThe separate water obstruction and encroachment fee table in § 105.13(c)(2) lists "Environmental assessment for waived activities (§ 105.12(a)(11) and (16) per § 105.15(d))" at $500, under "Other Fees not Added to Initial Application or Registration Fees". Section 105.13(c)(2)(iv) says this fee applies to use of the waivers at § 105.12(a)(11) and (16), and that an Environmental Assessment for these waivers is required under § 105.15(d).
25 Pa. Code § 105.13(c)(2) table; § 105.13(c)(2)(iv) [8]Show the source text
Other Fees not Added to Initial Application or Registration Fees ... | | Environmental assessment for waived activities (§ 105.12(a)(11) and (16) per § 105.15(d)) | $500 ... (iv) Environmental Assessment for waived activities fee applies to use of the waivers at § 105.12(a)(11) and (16). Environmental Assessment for these waivers is required under § 105.15(d) (relating to environmental assessment).
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FeeThe fee worksheet says Federal, State, county or municipal agencies and municipal authorities are exempt from these fees. All others must submit the completed worksheet with a check payable to the "Commonwealth of Pennsylvania Clean Water Fund" or to the named "Conservation District Clean Water Fund", whichever is the reviewing entity.
DEP form 3150-PM-BWEW0553 Rev. 7/2016, page 1 [9]Show the source text
Federal, State, county or municipal agencies or municipal authorities: EXEMPT from fees ... The check should be made payable to the "Commonwealth ... of Pennsylvania Clean Water Fund" OR " Conservation District Clean Water Fund", whichever is the reviewing ... entity.
Open PA DEP, Bureau of Waterways Engineering and Wetlands (DEP eLibrary) (opens in a new tab) -
FeeDEP's "Introduction to Ponds and Chapter 105" page answers the question "I want to build a non-jurisdictional dam across the stream on my property. How much will it cost, and do I need a permit?" It says dams across streams are discouraged, and that depending on the specific design, a WO&E Permit or an Environmental Assessment approval may be required. It quotes "a $500 Environmental Assessment review fee" and WO&E Permit fees of $1,750 plus $800 per tenth-acre of permanent disturbance of waters and $400 per tenth-acre of temporary disturbance.
DEP, Introduction to Ponds and Chapter 105 (FAQ) [3]Show the source text
I want to build a non-jurisdictional dam across the stream on my property. ... Dams across streams are discouraged ... Depending on the specific design of the dam, pond construction, structures and excavation, a Water Obstruction and Encroachment Permit or an Environmental Assessment approval may be required. There is a $500 Environmental Assessment review fee and the Water Obstruction and Encroachment Permit Fees are $1,750 plus $800 for every tenth acre of permanent disturbance of waters and $400 for every tenth acre of temporary disturbance to waters.
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FeeThe general Environmental Assessment instructions (3150-PM-BWEW0017, Rev. 3/2022) list the cases where no Chapter 105 permit is needed but an approved Environmental Assessment is required: Waiver No. 11 (removal of abandoned dams, water obstructions and encroachments); Waiver No. 16 (restoration under an approved DEP Restoration Plan); § 105.15(b) (activities needing Section 401 certification, including Nationwide Permits); and § 105.15(a)(2) and (3), non-jurisdictional dams located in wetlands or an exceptional value water. The instructions then say the fee for a project authorized "under these permit waivers" must be consistent with § 105.13, and refer to § 105.13(c)(2)(iv).
DEP form 3150-PM-BWEW0017 Rev. 3/2022, Instructions p. 1 [10]Show the source text
IN THE FOLLOWING CIRCUMSTANCES, A CHAPTER 105 PERMIT IS NOT NECESSARY; HOWEVER, AN APPROVED ENVIRONMENTAL ASSESSMENT IS REQUIRED: ... §105.12(a)(11) - Waiver No. 11 removal of abandoned dams, water obstructions and ... §105.15(a)(2) and (3) - Non-jurisdictional dams that are located in wetlands or an exceptional value ... The fee required for a project authorized under these permit waivers (when a Chapter 105 permit is not ... necessary) shall be consistent with 25 PA Code §105.13 (relating to regulated activities - information and ... fees). See §105.13(c)(2)(iv) for additional information.
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Exemption25 Pa. Code § 105.12(a) waives the permit requirement for the listed structures or activities, regardless of when commenced. If DEP, on complaint or investigation, finds that a waiver-eligible structure or activity has a significant effect on safety or on the protection of life, health, property or the environment, it may require the owner to apply for and obtain a permit. Waiver (a)(1) covers a dam not exceeding 3 feet in height in a stream not exceeding 50 feet in width, except wild trout streams designated by the Fish and Boat Commission. Waiver (a)(2) covers a water obstruction in a stream or floodway with a drainage area of 100 acres or less, but does not apply to wetlands located in the floodway.
25 Pa. Code § 105.12(a), (a)(1), (a)(2) [4]Show the source text
the requirements for a permit are waived ... regardless of when commenced. ... has a significant effect upon safety or the protection of life, health, property or the environment, the Department may require the owner of the structure to apply for and obtain a permit ... (1) A dam not exceeding 3 feet in height in a stream not exceeding 50 feet in width, except wild trout streams designated by the Fish and Boat Commission. ... (2) A water obstruction in a stream or floodway with a drainage area of 100 acres or less. This waiver does not apply to wetlands located in the floodway.
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ExemptionUnder § 105.12(c), structures and activities that qualify for a waiver must still meet Chapter 105's construction, operation, maintenance, monitoring and other requirements, and the waiver does not waive permits required under other laws. Waiver (a)(14) covers maintenance of an artificial pond or reservoir to its original storage capacity where: contributory drainage area is 100 acres or less; greatest depth of water at maximum storage elevation is 15 feet or less; and impounding capacity at maximum storage elevation is 50 acre-feet or less.
25 Pa. Code § 105.12(a)(14), (c) [4]Show the source text
(14) The maintenance of an artificial pond or reservoir to its original storage capacity where: ... (i) The contributory drainage area is less than or equal to 100 acres. ... (ii) The greatest depth of water at maximum storage elevation is less than or equal to 15 feet. ... (iii) The impounding capacity at maximum storage elevation is less than or equal to 50 acre feet. ... (c) Structures and activities shall meet the construction, operation, maintenance, monitoring and other requirements of this chapter. No other permits which may be required under a law other than the act are waived
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Definition25 Pa. Code § 105.1 defines a "dam" as an artificial barrier, together with its appurtenant works, constructed for the purpose of impounding or storing water or other fluid or semifluid, or a refuse bank, fill or structure for highway, railroad or other purposes which does or may impound water or other fluid or semifluid. It defines a "water obstruction" separately, as a dike, bridge, culvert, wall, wingwall, fill, pier, wharf, embankment, abutment or other structure located in, along or across or projecting into a watercourse, floodway or body of water. A "watercourse" is a channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
25 Pa. Code § 105.1 ("Dam", "Water obstruction", "Watercourse") [11]Show the source text
Dam—An artificial barrier ... constructed for the purpose of impounding or storing water or other fluid or semifluid, or a refuse bank, fill or structure for highway, railroad or other purposes which does or may impound water ... Watercourse—A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow. ... (i) A dike, bridge, culvert, wall, wingwall, fill, pier, wharf, embankment, abutment or other structure located in, along or across or projecting into a watercourse, floodway or body of water.
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ProcessDEP's Stream and Wetland Regulatory Program "Permitting and Authorizations" page, under the heading "Chapter 105 Water Obstruction and Encroachment Permits and Authorizations", describes two waiver levels. At level 1, permitting requirements are waived and no DEP approval is required; owners who want confirmation of waiver eligibility may contact the appropriate DEP office, and qualifying for a waiver still means the owner must comply with Chapter 105. At level 2, permitting is waived but an Environmental Assessment approval is required; the page identifies these as activities under waivers 11 and 16 (25 Pa. Code § 105.12(a)(11) and (16)).
DEP Stream and Wetland Regulatory Program — Permitting and Authorizations, items 1-2 [44]Show the source text
Chapter 105 Water Obstruction and Encroachment Permits and Authorizations ... 1. Waiver of Permitting Requirements. ... no approval from DEP is required. ... Owners wishing confirmation of eligibility under a waiver may contact the appropriate DEP office. Note, qualifying for a waiver still means that the owner must comply with the Chapter 105 regulations. ... 2. Waiver of Permitting Requirements ... These are activities under waivers 11 and 16 within the Chapter 105 regulations found at 25 Pa. Code § 105.12(a)(11) & (16).
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RequirementDEP's pond page says that if none of the dam-permit criteria are met, the dam 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 a stream or wetland is to be excavated or a wetland impounded, then either a Water Obstruction and Encroachment Permit or approval of an Environmental Assessment is required, obtained from the appropriate DEP regional office. The page does not mention the § 105.12(a)(2) waiver in this context.
Applies when: Non-jurisdictional dam across or affecting a stream, or affecting a wetland; or excavation of a stream or wetland; or impounding a wetland DEP, Introduction to Ponds and Chapter 105 — "Ponds with Non-jurisdictional (Out of scope) Dams" [3]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.
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ExemptionThe same DEP page says an artificial pond excavated completely below grade (no impounding embankment) may be regulated if it is placed in regulated waters such as a wetland or stream channel. No Chapter 105 water obstruction and encroachment approval is required for an off-stream pond that is not built in a floodway, wetland or other body of water, but a dam permit may still be required if the pond's dam meets the regulated-dam criteria.
DEP, Introduction to Ponds and Chapter 105 — introduction and "Off-Stream Ponds" [3]Show the source text
If an artificial pond is excavated completely below grade (without constructing an impounding embankment), the construction may be regulated if it is proposed to be placed in regulated waters of the Commonwealth, such as a wetland or stream channel. ... 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
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AgencyThe general EA instructions define the eFACTS subfacility code "NJD – Non-Jurisdictional Dam", which "must be used when non-jurisdictional dams are approved either through an environmental assessment or in conjunction with other water obstruction and encroachments activities". A wetland-impact subfacility must also be used when a dam affects wetlands, whether temporarily or permanently. The same instructions tell applicants to contact the Waterways and Wetland Program in the appropriate DEP Regional Office for further information about EAs, and give the central Division of Dam Safety's contact as P.O. Box 8460, Harrisburg, PA 17105-8460, 717-787-8568.
DEP form 3150-PM-BWEW0017 Rev. 3/2022, Instructions p. 1, Appendix II and subfacility code table [10]Show the source text
please contact the Waterways and Wetland Program in the ... appropriate DEP Regional Offices listed on Appendix II. ... Division of Dam Safety ... P.O. Box 8460 ... Harrisburg, PA 17105-8460 ... 717-787-8568 ... NJD Non- This subfacility must be used when non-jurisdictional dams are ... approved either through an environmental assessment or in ... conjunction with other water obstruction and encroachments activities. ... Wetland impact subfacility must be used in conjunction with this subfacility when a dam affects wetland resources whether temporary or permanent in nature.
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ExemptionDEP's pond page says Chapter 105 does not regulate repair and maintenance of non-jurisdictional dams, including those meeting the § 105.12(a)(14) criteria, so no DEP permit or approval is required for that work, although an erosion and sedimentation control plan must be implemented. Any activity that changes a pond's cross-section and is not maintenance requires a Water Obstruction and Encroachment Permit from the appropriate DEP regional office.
Applies when: Repair or maintenance of an existing non-jurisdictional pond dam (e.g., leak repair) DEP, Introduction to Ponds and Chapter 105 — "Artificial Ponds with Non-Jurisdictional Dams" (Dam/Outlet Repair) [3]Show the source text
Dam/Outlet Repair - The Department's Rules and Regulations do not regulate the repair and maintenance of non-jurisdictional dams, which includes those meeting the criteria Section 105.12(a)(14) Therefore, permits and approvals from DEP for this work on non-jurisdictional dams is not required. However, an Erosion and Sedimentation Control plan must be implemented. ... 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.
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Fee25 Pa. Code § 105.13(a) requires the applicable fee check to accompany, among other things, environmental assessments and annual dam registration. Submissions by Federal, State, county or municipal agencies or a municipal authority are exempt. Under § 105.13(c)(1)(viii), annual dam registration fees (required under § 105.131a) are, for dam Size Categories A, B and C alike: Hazard Potential Category 1, $1,500; Category 2, $1,500; Category 3, $800; Category 4, $0.
25 Pa. Code § 105.13(a), (c)(1)(viii) [8]Show the source text
environmental assessments, permit transfer or annual dam registration under this chapter shall be accompanied by a check for the applicable fees except for submissions by Federal, State, county or municipal agencies or a municipal authority. ... (viii) Annual dam registration fees as required under § 105.131a ... | A | $1,500 | $1,500 | $800 | $0 ... | B | $1,500 | $1,500 | $800 | $0 ... | C | $1,500 | $1,500 | $800 | $0
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RequirementAnnual registration fees are due by July 1 each year. If the fee is not received by July 1, "dams regulated by the Department" face temporary suspension of the dam permit, if applicable, and the owner or operator may be required to drain the reservoir at no more than 1 foot per day. Dams regulated by the Department that qualify for a § 105.12 permit waiver may be subject to temporary draining at no more than 1 foot per day. Unpaid fees accrue interest at 12% per year from the original due date.
25 Pa. Code § 105.13(c)(1)(viii)(A)-(D) [8]Show the source text
(A) Annual registration fees are due by July 1 of each year. ... dams regulated by the Department are subject to a temporary suspension of the dam permit, if applicable, and the owner or operator may be required to drain the reservoir at a rate not to exceed 1 foot per day. ... dams regulated by the Department qualifying for waiver of permit provisions in § 105.12 ... may be subject to a temporary draining of the reservoir at a rate not to exceed 1 foot per day. ... interest will accrue on the entire amount from the original date payment was due at a rate of 12% per annum
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ProcessThe 2013 fee rulemaking preamble (43 Pa.B. 967) says the Dam Safety Program oversees about 3,200 dams and reservoirs. It says the annual registration fee is the cost to private entities under the new dam safety regulations: $1,500 a year for owners of hazard potential 1 or 2 dams, $800 for hazard potential 3, and $0 for hazard potential 4. It also says dam owners would be notified by letter of the revisions and how to comply.
EQB Final Rulemaking, 43 Pa.B. 967 (Feb. 16, 2013), Preamble §§ D, G [45]Show the source text
The Dam Safety Program oversees the regulation and safety of approximately 3,200 dams and reservoirs throughout this Commonwealth ... The cost to private entities affected with the new dam safety regulations is the annual registration fee. ... The cost to individuals owning a hazard potential 1 or 2 dam will be assessed an annual fee of $1,500, a hazard potential 3 dam will be $800 and a hazard potential 4 dam will be $0. ... Dam owners will be notified by letter advising of the revisions and how to comply.
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FeeThe fee worksheet's Part Two, Section B, has an "Annual Registration" line listing Hazard 1 $1,500, Hazard 2 $1,500 and Hazard 3 $800. It has no Hazard 4 entry.
DEP form 3150-PM-BWEW0553 Rev. 7/2016, Part Two Section B [9]Show the source text
Annual Registration ... Hazard 1 $ 1,500 Hazard 2 $ 1,500 Hazard 3 $ 800
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ProcessDEP's Standard Operating Procedure for Environmental Assessment review for dam-related activities (Nov. 2, 2012) gives a Permit Decision Guarantee timeframe of 157 days. The applicant requests a pre-application meeting, which may include the DEP Division of Dam Safety, the DEP Regional Office, the U.S. Army Corps of Engineers, the Fish and Boat Commission and the county conservation district. A Division of Dam Safety Lead Reviewer handles the review. At that meeting, DEP explains each item of the EA Information Completeness Checklist.
DEP SOP, Review of Chapter 105 Environmental Assessment Review for Dam Related Activities (Nov. 2, 2012), intro and § I [14]Show the source text
The Permit Decision Guarantee Timeframe for Chapter 105 ... Environmental Assessment Approval for Dam Related Activities is 157 days. ... Possible agencies that may be included to attend the meeting are the DEP Division of Dam ... Safety, appropriate DEP Regional Office, U.S. Army Corps of Engineers, Pennsylvania Fish ... and Boat Commission and appropriate County Conservation District. ... The Lead Reviewer and any other ... appropriate staff will represent the Division of Dam Safety at the meeting. ... explain each item of the Environmental Assessment Information Completeness Checklist
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ProcessUnder that SOP, the completeness review is to be completed within a total of 10 business days. If the Lead Reviewer transmits a deficiency letter, the SOP, citing 25 Pa. Code § 105.13a(b), gives the applicant 60 calendar days from the date of the letter to complete the application, and the letter informs the applicant that the application is no longer eligible for the Permit Decision Guarantee. (The SOP also allows non-significant deficiencies to be fixed informally within the 10-day window without a deficiency letter.) Once the application is complete, DEP sends request-for-comment memos to the DEP Regional Office, the Fish and Boat Commission, the DEP Water Supply Program and the River Basin Commission, and the Lead Reviewer performs the technical review within 75 business days. The Division Chief signs the EA Approval letter, and the approval is advertised in the Pennsylvania Bulletin.
DEP SOP (Nov. 2, 2012), §§ V, VI, VIII, XVIII, XX [14]Show the source text
completed within a total of 10 business days ... informally before the Completeness Review deadline ... transmit a deficiency letter to the applicant ... the applicant shall have 60 ... calendar days from the date of the deficiency letter ... no longer eligible for the Permit Decision Guarantee ... Request for Comment Memos to the ... DEP Regional Office, Pennsylvania Fish and Boat Commission, DEP Water Supply Program and ... River Basin Commission ... technical review within 75 business days. ... Sign the EA Approval letter; ... Advertise EA Approval in the PA Bulletin;
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StatusDEP's current Decision Guarantee "Standard Operating Procedures" page lists, under Waterways Engineering and Wetlands, "Chapter 105 Dam Safety Program Review of Chapter 105 Environmental Assessment Review for Dam Related Activities (PDF)" and "Chapter 105 Water Obstruction and Encroachment Program Review of Joint Permit Applications and Environmental Assessments (PDF) Rev. July 2013".
DEP, Decision Guarantee — Standard Operating Procedures page [46]Show the source text
Waterways Engineering and Wetlands ... Chapter 105 Dam Safety Program Review of Chapter 105 Environmental Assessment Review for Dam Related Activities (PDF) ... Chapter 105 Water Obstruction and Encroachment Program Review of Joint Permit Applications and Environmental Assessments (PDF) Rev. July 2013
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TimelineThe Commonwealth's Permit, License & Certification Catalog data (retrieved 2026-09-28) includes a DEP entry "Environmental Assessment Review for Dam-Related Activities" (Bureau of Waterways Engineering and Wetlands, Dam Safety program, application type New), described as "Environmental Assessment for activities related to a non-jurisdictional dam". The entry's StatutoryRegulatoryDays and AverageCompletionTimeBusinessDays fields are blank (null), and its PaybackEligible field is 1.
PA Permit, License & Certification Catalog (pa.gov/agencies/oto/plccatalog), catalog.json entry "Environmental Assessment Review for Dam-Related Activities" [40]Show the source text
"BureauName": "Waterways Engineering and Wetlands", "ProgramName": "Dam Safety", "PLCName": "Environmental Assessment Review for Dam-Related Activities", "ApplicationTypeValue": "New", "AverageCompletionTimeBusinessDays": null, "LicensePermitTypeValue": "Other", "Description": "Environmental Assessment for activities related to a non-jurisdictional dam", ... "StatutoryRegulatoryDays": null, "PaybackEligible": 1,
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StatusThe catalog page says Act 45 of 2025 included provisions focused on modernizing how Pennsylvania state agencies handle permits, one of which is requiring agencies to publicly post annual data on their permit processing performance and activities. It defines the catalog fields: "Statutory Regulatory Days" is the maximum number of days that an agency has to complete an application required by law; "Average Completion Time" is the average number of business days it takes an agency to complete an application; and "PAyback Eligible" indicates whether the permit is eligible for the PAyback money-back guarantee program.
PA Permit, License & Certification Catalog page (Office of Transformation & Opportunity) [47]Show the source text
Act 45 of 2025, which included provisions focused on modernizing how Pennsylvania state agencies handle permits. Two of those provisions include: ... Requiring agencies to publicly post annual data on their permit processing performance and activities. ... Statutory Regulatory Days ... The maximum number of days that an agency has to complete an application required by law. ... Average Completion Time ... The average number of business days it takes an agency to complete an application. ... PAyback Eligible ... Is the permit eligible for the PAyback money-back guarantee program.
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StatusThe official Pennsylvania Code website states that it reflects Code changes effective through 56 Pa.B. 4026 (July 4, 2026). The § 105.13 fee schedule shown there was last amended Feb. 15, 2013, effective Feb. 16, 2013 (43 Pa.B. 967).
25 Pa. Code § 105.13 (pacodeandbulletin.gov currency statement and Source note) [8]Show the source text
The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 56 Pa.B. 4026 (July 4, 2026). ... amended February 15, 2013, effective February 16, 2013, 43 Pa.B. 967.
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StatusThe "List of Pa. Code Chapters Affected" in the Pennsylvania Bulletin of Sept. 26, 2026 (Vol. 56, No. 39) covers documents published during 2026. Under 25 Pa. Code (Environmental Protection), it lists adopted rules in Chapters 93, 122, 250, 977 and 1021 and proposed rules in Chapters 109 and 1021. Chapter 105 is not listed, so no Chapter 105 rulemaking was published in the Bulletin between Jan. 1 and Sept. 26, 2026.
Pennsylvania Bulletin, Vol. 56, No. 39 (Sept. 26, 2026), p. 6281, List of Pa. Code Chapters Affected [6]Show the source text
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. ... 25 Pa. Code (Environmental Protection) ... Adopted Rules ... 93 . . . ... 122 . . . ... 250 . . . ... 977 . . . ... 1021 . . . ... Proposed Rules ... 109 . . . ... 1021 . . . ... 28 Pa. Code (Health and Safety)
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StatusIn IRRC's list of Environmental Quality Board regulations (retrieved 2026-09-28), the highest-numbered entry titled "Dam Safety and Waterway Management" is IRRC #3278 (Reg. No. 7-556). The entries numbered above it, up to #3499 (Reg. No. 7-591, "Radiological Health and Radon Certification Fees"), have titles that do not refer to dam safety or waterway management.
IRRC Regulation Search Results, Environmental Quality Board [48]Show the source text
| 3499 ... | 7-591 ... Radiological Health and Radon Certification Fees ... | 3278 ... | 7-556 ... | Environmental Quality Board ... Dam Safety and Waterway Management ... Clarifies existing regulations; deletes or updates obsolete requirements and references; incorporates new or revised definitions; and corrects typographical errors.
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StatusIRRC's record for Regulation #7-556 (IRRC #3278), a proposed Chapter 105 rulemaking published Dec. 5, 2020, shows its final form was due by Feb. 3, 2023 and that it was "Withdrawn By Law" on Feb. 3, 2023. It never became final.
IRRC Regulation #7-556 record [7]Show the source text
Regulation #7-556: Dam Safety and Waterway Management ... | PA Bulletin Publish Date ... | December 05, 2020 ... | Regulation Status ... | Proposed ... 25 Pa. Code ... Chapter 105 ... | Final Due By ... | February 03, 2023 ... | Withdrawn By Law ... | February 03, 2023
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Open questions to ask the agency
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.
- Which EA review fee DEP actually charges for a non-jurisdictional pond dam ($500 in DEP's pond FAQ versus $900 in § 105.13(c)(1)(vi) for Size C and in the fee worksheet), and which size category DEP applies to non-jurisdictional dams. — ask: PA DEP Division of Dam Safety, 717-787-8568 (or the Bureau of Waterways Engineering and Wetlands)
- Whether the § 105.12(a)(2) waiver (water obstruction in a stream or floodway draining 100 acres or less) can cover a small pond embankment, or a pond dug in such a channel or floodway, and whether DEP treats every non-jurisdictional dam across a stream as needing a WO&E Permit or EA approval. — ask: Waterways and Wetlands Program at the PA DEP regional office (or a delegated county conservation district); PA DEP Division of Dam Safety, 717-787-8568
- Which DEP office reviews an EA for a non-jurisdictional pond dam (the central Division of Dam Safety or the regional Waterways and Wetlands Program), and whether any delegated county conservation district reviews these EAs. — ask: PA DEP Division of Dam Safety, P.O. Box 8460, Harrisburg, PA 17105-8460, 717-787-8568; Waterways and Wetlands Program at the DEP regional office for the county
- Whether a professional engineer's seal (§ 105.13(j)) is required on plans submitted with an EA request for a non-jurisdictional dam, and whether DEP requires hydrologic, hydraulic or spillway analyses for these EAs. The EA form's checklist lists neither. — ask: PA DEP Division of Dam Safety, 717-787-8568
- Whether owners of non-jurisdictional or waived pond dams must pay annual dam registration, what "dams regulated by the Department" means for this purpose, and how registration is done. — ask: PA DEP Division of Dam Safety, 717-787-8568
- Current review timeframes for dam permits and for EAs on dam-related activities: whether the 157-day figure from the 2012 policy and procedures still applies (the policy says business days; the procedures say only days), and what timeframe applies under the state's PAyback money-back guarantee program. — ask: PA DEP Division of Dam Safety (717-787-8568) or DEP Office of Program Integration; PAyback DEP contact RA-EPPAYback_DEP@pa.gov
- The current way to submit a dam permit application (three paper copies under the Rev. 6/2018 instructions, or electronic submission). — ask: PA DEP Division of Dam Safety, 717-787-8568
- DEP/PEMA Emergency Action Plan guidelines, and any DEP guidance on hazard classification or incremental dam breach analysis. — ask: PA DEP Division of Dam Safety; Pennsylvania Emergency Management Agency
- Whether any Chapter 105 amendment or DEP form revision was published after Sept. 26, 2026, or any DEP guidance notice after July 4, 2026 affects these forms. — ask: PA DEP Bureau of Waterways Engineering and Wetlands (717-787-3411); Environmental Quality Board; Pennsylvania Bulletin
- Recent Environmental Hearing Board or Commonwealth Court decisions applying § 105.3 or § 105.12 to farm or recreation pond dams. — ask: Environmental Hearing Board opinion search (ehb.pa.gov)
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.
- 25 Pa. Code § 105.3 (Scope) (opens in a new tab) — Pennsylvania Code & Bulletin (Legislative Reference Bureau), document date Code current through 56 Pa.B. 4026 (July 4, 2026); § 105.3 last amended eff. Oct. 12, 1991, retrieved September 28, 2026
- Dam Safety and Encroachments Act, Act of Nov. 26, 1978, P.L. 1375, No. 325 (32 P.S. §§ 693.1–693.27), official PDF text (opens in a new tab) — Pennsylvania General Assembly (palegis.us), document date enacted Nov. 26, 1978, effective July 1, 1979; text includes amendments through June 30, 2025 (P.L.70, No.19), retrieved September 28, 2026
- Introduction to Ponds and Chapter 105 (opens in a new tab) — Pennsylvania Department of Environmental Protection, retrieved September 28, 2026
- 25 Pa. Code § 105.12 Waiver of permit requirements - used in notes for currency (opens in a new tab) — Pennsylvania Code & Bulletin (Legislative Reference Bureau), document date current through 56 Pa.B. 4026 (July 4, 2026), retrieved September 28, 2026
- 25 Pa. Code § 105.15 (Environmental assessment) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011, retrieved September 28, 2026
- Pennsylvania Bulletin, Vol. 56, No. 39 (Sept. 26, 2026), full issue — List of Pa. Code Chapters Affected (opens in a new tab) — Pennsylvania Bulletin (pacodeandbulletin.gov), document date 2026-09-26, retrieved September 28, 2026
- Regulation #7-556 (IRRC #3278): Dam Safety and Waterway Management — regulation record (opens in a new tab) — Pennsylvania Independent Regulatory Review Commission, document date status: Withdrawn By Law, Feb. 3, 2023, retrieved September 28, 2026
- 25 Pa. Code § 105.13 (Regulated activities—information and fees) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Feb. 16, 2013 (43 Pa.B. 967), retrieved September 28, 2026
- Chapter 105 Fee(s) Calculation Worksheet, 3150-PM-BWEW0553 Rev. 7/2016 (opens in a new tab) — PA DEP, Bureau of Waterways Engineering and Wetlands (DEP eLibrary), document date Rev. 7/2016, retrieved September 28, 2026
- Environmental Assessment Form (E.A. Form) Instructions, 3150-PM-BWEW0017 Rev. 3/2022 (opens in a new tab) — Pennsylvania DEP, Bureau of Waterways Engineering and Wetlands, document date Rev. 3/2022, retrieved September 28, 2026
- 25 Pa. Code § 105.1 (Definitions) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011 (41 Pa.B. 219), retrieved September 28, 2026
- Joint Permit Application Instructions, 3150-PM-BWEW0036 Rev. 10/2025 (opens in a new tab) — PA DEP, Bureau of Waterways Engineering and Wetlands (DEP eLibrary), document date Rev. 10/2025, retrieved September 28, 2026
- Instructions for Completing a Request for Section 105.15 Environmental Assessment Approval to Construct a "Non-Jurisdictional Dam" and Environmental Assessment Information Sheet, 3140-PM-BWEW0002 Rev. 7/2013 (opens in a new tab) — PA DEP, Bureau of Waterways Engineering and Wetlands (DEP eLibrary), document date Rev. 7/2013, retrieved September 28, 2026
- SOP for Chapter 105 Dam Safety Program Review of Chapter 105 Environmental Assessment Review for Dam Related Activities (Nov. 2, 2012) (opens in a new tab) — Pennsylvania DEP, Bureau of Waterways Engineering and Wetlands, document date 2012-11-02, retrieved September 28, 2026
- EQB Proposed Rulemaking, Chapter 105 amendments, 50 Pa.B. 6863 - used in notes (proposed only) (opens in a new tab) — Pennsylvania Bulletin, document date 2020-12-05 (proposed), retrieved September 28, 2026
- 25 Pa. Code § 105.91 (Classification of dams and reservoirs) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011, retrieved September 28, 2026
- Instructions for Completing Dam Permit Application, 3140-PM-BWEW0001 Rev. 6/2018 (opens in a new tab) — Pennsylvania DEP, Bureau of Waterways Engineering and Wetlands, document date Rev. 6/2018, retrieved September 28, 2026
- 25 Pa. Code § 105.98 (Design flood criteria) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011, retrieved September 28, 2026
- 25 Pa. Code § 105.134 (EAP) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011, retrieved September 28, 2026
- 25 Pa. Code § 105.13b (Proof of financial responsibility) (opens in a new tab) — Pennsylvania Code & Bulletin, document date adopted eff. Jan. 8, 2011, retrieved September 28, 2026
- 25 Pa. Code § 105.53 (Inspections by permittees or owners and inspection reports) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011, retrieved September 28, 2026
- Apply for a Dam Permit (opens in a new tab) — Pennsylvania Department of Environmental Protection (pa.gov services), retrieved September 28, 2026
- Dam Safety — Guidelines and Guidance (forms list) (opens in a new tab) — Pennsylvania Department of Environmental Protection, retrieved September 28, 2026
- 25 Pa. Code § 105.81 (Permit applications for construction and modification of dams and reservoirs) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011, retrieved September 28, 2026
- 25 Pa. Code Chapter 105 (Dam Safety and Waterway Management) - used in notes to check the § 105.1 floodway definition (opens in a new tab) — Pennsylvania Code & Bulletin (Legislative Reference Bureau), document date current through 56 Pa.B. 4026 (July 4, 2026), retrieved September 28, 2026
- 25 Pa. Code § 105.96 (Outlet works) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011, retrieved September 28, 2026
- 25 Pa. Code § 105.97 (Stability of structures) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011, retrieved September 28, 2026
- 25 Pa. Code § 105.95 (Freeboard) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Oct. 12, 1991, retrieved September 28, 2026
- 25 Pa. Code § 105.102 (Personnel and supervision) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011, retrieved September 28, 2026
- 25 Pa. Code § 105.41 (Notices and reports) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011, retrieved September 28, 2026
- 25 Pa. Code § 105.107 (Final inspection) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011, retrieved September 28, 2026
- 25 Pa. Code § 105.108 (Completion, certification and project costs) (opens in a new tab) — Pennsylvania Code & Bulletin, document date adopted eff. Jan. 8, 2011, retrieved September 28, 2026
- 25 Pa. Code § 105.111 (Commencement of storage of water, fluid or semifluid) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011, retrieved September 28, 2026
- 25 Pa. Code § 105.131 (Operation, maintenance and monitoring) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011, retrieved September 28, 2026
- 25 Pa. Code § 105.122 (Drawdown of impounded waters) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011, retrieved September 28, 2026
- 25 Pa. Code § 105.131a (Annual dam registration) (opens in a new tab) — Pennsylvania Code (pacodeandbulletin.gov), document date adopted Feb. 15, 2013, effective Feb. 16, 2013, 43 Pa.B. 967, retrieved September 28, 2026
- 25 Pa. Code § 105.13a (Complete applications) (opens in a new tab) — Pennsylvania Code & Bulletin, document date adopted eff. Jan. 8, 2011, retrieved September 28, 2026
- 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
- SOP for Chapter 105 Dam Safety Program Review of Chapter 105 New Dam Permit (Nov. 2, 2012) (opens in a new tab) — Pennsylvania DEP, Bureau of Waterways Engineering and Wetlands, document date 2012-11-02, retrieved September 28, 2026
- PA Permit, License & Certification Catalog — catalog data file (catalog.json) loaded by https://www.pa.gov/agencies/oto/plccatalog (opens in a new tab) — Commonwealth of Pennsylvania, Office of Transformation & Opportunity, retrieved September 28, 2026
- Streamlining Permits for Economic Expansion and Development (SPEED) (opens in a new tab) — Pennsylvania Department of Environmental Protection (pa.gov services), retrieved September 28, 2026
- 25 Pa. Code § 105.43 (Time limits) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011, retrieved September 28, 2026
- Dam Safety (Division of Dam Safety program page) (opens in a new tab) — Pennsylvania Department of Environmental Protection, retrieved September 28, 2026
- Stream and Wetland Regulatory Program — Permitting and Authorizations (opens in a new tab) — PA DEP, Bureau of Waterways Engineering and Wetlands, retrieved September 28, 2026
- Environmental Quality Board, Final Rulemaking, 25 Pa. Code Ch. 105, Dam Safety and Waterway Management (fees), 43 Pa.B. 967, Pa.B. Doc. No. 13-270 (Feb. 16, 2013) (opens in a new tab) — Pennsylvania Bulletin (pacodeandbulletin.gov), document date 2013-02-16, retrieved September 28, 2026
- Decision Guarantee — Standard Operating Procedures (opens in a new tab) — PA DEP, Permitting Coordination, retrieved September 28, 2026
- PA Permit, License & Certification Catalog (opens in a new tab) — Commonwealth of Pennsylvania, Office of Transformation & Opportunity (pa.gov), retrieved September 28, 2026
- IRRC Regulation Search Results — Environmental Quality Board regulations (opens in a new tab) — Independent Regulatory Review Commission, 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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