Pennsylvania Erosion & Sediment Control and NPDES Rules for Ponds

Key points

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

  Applies when: Covers pond excavation ("excavations") and embankment construction ("embankments"), plus spoil stockpiling 25 Pa. Code § 102.1 (definition of "Earth disturbance activity") [1]
  Show the source text

  Earth disturbance activity—A construction or other human activity which disturbs the surface of the land, including land clearing and grubbing, grading, excavations, embankments, land development, agricultural plowing or tilling, operation of animal heavy use areas, timber harvesting activities, road maintenance activities, oil and gas activities, well drilling, mineral extraction, and the moving, depositing, stockpiling, or storing of soil, rock or earth materials.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

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

  Applies when: Any earth disturbance activity, regardless of size 25 Pa. Code § 102.2(a) [2]
  Show the source text

  This chapter requires persons proposing or conducting earth disturbance activities to develop, implement and maintain BMPs to minimize the potential for accelerated erosion and sedimentation and to manage post construction stormwater.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

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

  DEP, Introduction to Ponds and Chapter 105 (web page) [5]
  Show the source text

  Pond and dam owners should still obtain Erosion and Sediment Control Plan approval from their County Conservation District. ... Note: While the activities described below may or may not require Chapter 105 authorization, the development of an erosion and sedimentation control plan and the implementation and maintenance of erosion and sedimentation control Best Management Practices is required under Chapter 102. Please contact your County Conservation District or the applicable DEP Regional Office regarding erosion and sedimentation control plan and permitting requirements for your project.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

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

  Applies when: Earth disturbance other than agricultural plowing/tilling or animal heavy use areas 25 Pa. Code § 102.4(b)(1)-(2) [3]
  Show the source text

  E&S BMPs are required ... including those activities which disturb less than 5,000 square feet ... shall develop and implement a written E&S Plan under this chapter if one or more of the following criteria apply: ... will result in a total earth disturbance of 5,000 square feet (464.5 square meters) or more. ... is required to develop an E&S Plan under this chapter or under other Department regulations. ... because of its proximity to existing drainage features or patterns, has the potential to discharge to a water classified as a High Quality or Exceptional Value water

  Open Pennsylvania Code & Bulletin (opens in a new tab)

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

  Applies when: Pond construction (excavation, embankment, spoil, access) totaling >= 1 acre of earth disturbance 25 Pa. Code § 102.5(a) [4]
  Show the source text

  Other than agricultural plowing or tilling activities, animal heavy use areas, timber harvesting activities or road maintenance activities, a person proposing an earth disturbance activity that involves equal to or greater than 1 acre (0.4 hectare) of earth disturbance, or an earth disturbance on any portion, part, or during any stage of, a larger common plan of development or sale that involves equal to or greater than 1 acre ... shall obtain an individual NPDES Permit or coverage under a general NPDES permit ... prior to commencing the earth disturbance activity.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• Clean Streams Law penalties: any violation of the Act, a DEP rule or regulation, a DEP order or a permit condition is a summary offense punishable on conviction by a fine of $100 to $10,000 for each separate offense; a negligent violation is a misdemeanor of the second degree with a fine of up to $25,000 for each separate offense (minimum $2,500); and an intentional or knowing violation is a felony of the third degree with a fine of up to $50,000 for each separate offense (minimum $5,000). Separately, DEP may, after hearing, assess a civil penalty of up to $10,000 per day for each violation.

  35 P.S. §§ 691.602(a), (b), (b.1) and 691.605(a) (Clean Streams Law §§ 602, 605(a)) [7]
  Show the source text

  summary offense ... not less than one hundred dollars ($100) nor more than ten thousand dollars ($10,000) for each separate offense ... negligently violates ... misdemeanor of the second degree ... ($2,500) nor more than twenty-five thousand dollars ($25,000) for each separate offense ... intentionally or knowingly violates ... felony of the third degree ... ($5,000) nor more than fifty thousand dollars ($50,000) for each separate offense ... after hearing, may assess a civil penalty ... shall not exceed ten thousand dollars ($10,000) per day for each violation.

  Open Pennsylvania General Assembly (opens in a new tab)

• ProcessEnforcement and appeals: Chapter 102 compliance and enforcement actions include, among others listed, orders (including orders to remediate or restore) and civil penalty proceedings. A person aggrieved by a conservation district action under Chapter 102 must request an informal hearing with DEP within 30 days of the notice; DEP schedules it and makes a final determination within 30 days of the request, which may be appealed to the Environmental Hearing Board.

  25 Pa. Code § 102.32(a), (c) [8]
  Show the source text

  (3) Orders (including orders to remediate or restore). ... (4) Civil penalty proceedings, except as provided in subsection (b). ... (c) A person aggrieved by an action of a conservation district under this chapter shall request an informal hearing with the Department within 30 days following the notice of the action. The Department will schedule the informal hearing and make a final determination within 30 days of the request. Any final determination by the Department under the informal hearing may be appealed to the EHB

  Open Pennsylvania Code & Bulletin (opens in a new tab)

How much ground are you disturbing?

Under § 102.4(b), E&S BMPs are still required below 5,000 square feet, but a written plan is required below that size only when one of the other written-plan triggers above applies (see the conflict note above for DEP's pond page). The E&S Plan, inspection reports and monitoring records must be available at the site for DEP or conservation district review during all stages of the earth disturbance, and after a complaint or site inspection either may require the plan to be submitted for review and approval. [3]

DEP's FAQ says a project under 1 acre may still have to submit its E&S Plan to the county conservation district because of municipal ordinances, and the district may charge a fee to review it. [6]

DEP's instructions for the individual NPDES permit (Rev. 7/2026) and for the PAG-01 (Rev. 3/2025) and PAG-02 (Rev. 3/2026) general permits all say that, outside agricultural plowing and tilling, animal heavy use areas, timber harvesting, oil and gas, and road maintenance, DEP treats proposed disturbance over 0.99 acre as needing NPDES coverage, because actual disturbance during construction is likely to reach 1 acre; for example, 0.999, 0.995 and 0.991 acre are rounded up to 1 acre and need a permit, while 0.99 acre or less needs no NPDES permit unless it is part of a larger common plan of development or sale or DEP otherwise requires one under federal regulations. For PAG-01 eligibility, the PAG-01 instructions likewise round disturbances of 4.999, 4.995 and 4.991 acres up to 5 acres (PAG-01 covers disturbance of less than 5 acres). DEP's Common Plan of Development or Sale FAQ also says a project cannot be phased to avoid the permit: if a person knows during planning or construction that disturbance will be 1 acre or greater, an NPDES permit is required before any earth disturbance for that project begins. [12][16][17][20][21]

Conservation district pages show local practice. Clinton County Conservation District counts associated roads and parking areas in a pond project's total disturbance and says a written plan above 5,000 square feet may not need district review, while an NPDES permit needs engineering approval and district review. Chester County Conservation District says any pond dredging, any disturbance associated with a Chapter 105 general permit (such as a stream crossing or wetland disturbance), and any disturbance of one acre or more must have an E&S plan developed and reviewed by the district. [14][15]

• ProcessThe E&S Plan, inspection reports and monitoring records must be available at the project site for DEP or conservation district review during all stages of earth disturbance, and upon a complaint or site inspection DEP or the conservation district may require the E&S Plan to be submitted for review and approval. Where a Chapter 102 permit is required, permit coverage must be in place before earth disturbance begins.

  25 Pa. Code § 102.4(b)(8)-(9), (e) [3]
  Show the source text

  (8) The E&S Plan, inspection reports and monitoring records shall be available for review and inspection by the Department or the conservation district at the project site during all stages of the earth disturbance activity. ... (9) Upon complaint or site inspection, the Department or conservation district may require that the E&S Plan be submitted for review and approval ... shall have permit coverage prior to commencing the earth disturbance activity.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• ProcessDEP guidance for projects under 1 acre: even without a Chapter 102 permit, the E&S Plan may still have to be submitted to the county conservation district because of municipal ordinances, and the district may charge a fee to review it; DEP advises contacting the local district if unsure.

  Applies when: Earth disturbance under 1 acre DEP Erosion and Sediment Control FAQ (v1.8), FAQ #5 [6]
  Show the source text

  If your project will involve less than one acre of disturbance, you may still be required to submit your plan to the CCD due to municipal ordinances. You should contact your local CCD if you are unsure if your plan needs to be submitted and reviewed. The CCD may charge a fee to review the E&S Plan.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water (opens in a new tab)

• Size cutoffHow DEP applies the 1-acre threshold: other than agricultural plowing and tilling, animal heavy use areas, timber harvesting, oil and gas, and road maintenance activities, DEP considers earth disturbances exceeding 0.99 acre as needing NPDES permit coverage, because actual earth disturbance during construction is likely to meet or exceed the one-acre threshold for a permit under 25 Pa. Code § 102.5. For example, proposed earth disturbances of 0.999, 0.995 and 0.991 acre will be rounded up to one acre and a permit would be required. Disturbances of 0.99 acre and smaller would not require a permit, unless part of a larger common plan of development or sale or otherwise required by DEP in accordance with federal regulations.

  DEP, Individual NPDES Permit Application Instructions (3800-PM-BCW0408a Rev. 7/2026), "Earth Disturbance Threshold" [12]
  Show the source text

  Other than agricultural plowing and tilling, animal heavy use areas, timber harvesting, oil and gas, and road maintenance activities, DEP considers earth disturbances exceeding 0.99 acre as needing NPDES permit coverage due to the likelihood that actual earth disturbance during construction will meet or exceed the one-acre threshold for a permit under 25 Pa. Code § 102.5. For example, proposed earth disturbances of 0.999, 0.995 and 0.991 acre will be rounded up to one acre and a permit would be required. Disturbances of 0.99 acre and smaller would not require a permit, unless part of a larger common plan of development or sale or otherwise required by DEP in accordance with federal regulations.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• RequirementDEP guidance: a project cannot be phased to avoid a Chapter 102 permit. If a person knows during planning or construction that earth disturbance will be 1 acre or greater, an NPDES permit is required before any earth disturbance for that project begins.

  DEP Common Plan of Development or Sale FAQ (v1.5), FAQ #6 [20]
  Show the source text

  No. A person cannot phase their project to circumvent the regulatory requirement of obtaining a permit under 25 Pa. Code § 102.5. If a person knows during the planning and/or construction of their project that the earth disturbance will be 1 acre or greater, then an NPDES permit is required prior to initiating any earth disturbance for that project.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water (opens in a new tab)

• Clinton County Conservation District's pond guidance (not specific to farms) says any pond project with earth disturbance needs an implemented E&S plan. A written, implemented plan is required above 5,000 square feet, though district staff may not need to review it. If total disturbance, including associated roads and parking areas, exceeds 1 acre, an NPDES permit is required, needs engineering approval and is reviewed by district staff.

  Clinton County Conservation District, "Building Ponds" (web page) [14]
  Show the source text

  Any project involving earth disturbance requires an implemented plan to stop accelerated erosion and sedimentation. If the earth disturbance exceeds 5,000 square feet, a written and implemented plan is required, but may not need to be reviewed by our staff. If the total disturbance (which includes bring in pavers or paving associated roads and parking areas), exceeds 1 acre, a National Pollutant Discharge Elimination System (NPDES) permit is required for your project. This permit needs engineering approval and would be reviewed by the District Staff.

  Open Clinton County, PA (Conservation District) (opens in a new tab)

• ProcessChester County Conservation District: all disturbance over 5,000 square feet needs a written E&S Plan. Any disturbance associated with a Chapter 105 General Permit (for example a stream crossing or wetland disturbance), any pond dredging, and any disturbance of one acre or more must have an E&S Plan developed and reviewed by the Conservation District office.

  Chester County Conservation District, FAQ "When is an Erosion and Sediment Control Plan required?" [15]
  Show the source text

  All disturbances greater than 5,000 square feet must have a written Erosion and Sediment Control Plan. Any disturbance associated with the use of Chapter 105 General Permit (GP) (stream crossing, wetland disturbance, etc.), pond dredgings, or one acre and greater disturbance must have an Erosion and Sediment Control Plan developed and reviewed by the Conservation District office.

  Open Chester County, PA (Conservation District) (opens in a new tab)

• Size cutoffDEP's PAG-01 Notice of Intent instructions (Rev. 3/2025) state that, other than agricultural plowing and tilling, animal heavy use areas, timber harvesting, oil and gas, and road maintenance activities, DEP considers earth disturbances exceeding 0.99 acre as needing NPDES permit coverage, because actual earth disturbance during construction is likely to meet or exceed the one-acre threshold for a permit under 25 Pa. Code § 102.5. For example, proposed earth disturbances of 0.999, 0.995 and 0.991 acre will be rounded up to one acre and a permit would be required. Disturbances of 0.99 acre and smaller would not require a permit, unless part of a portion, part, or stage of a larger common plan of development or sale or otherwise required by DEP in accordance with federal regulations. For the purpose of determining PAG-01 eligibility, disturbances of 4.999, 4.995 and 4.991 acres are likewise rounded up to five acres.

  DEP, PAG-01 NOI Instructions (3800-PM-BCW0404a Rev. 3/2025), "Earth Disturbance Threshold" [16]
  Show the source text

  Other than agricultural plowing and tilling, animal heavy use areas, timber harvesting, oil and gas, and road maintenance activities, DEP considers earth disturbances exceeding 0.99 acre as needing NPDES permit coverage due to the likelihood that actual earth disturbance during construction will meet or exceed the one-acre threshold for a permit under 25 Pa. Code § 102.5. For example, proposed earth disturbances of 0.999, 0.995 and 0.991 acre will be rounded up to one acre and a permit would be required. Disturbances of 0.99 acre and smaller would not require a permit, unless part of a portion, part, or stage of a larger common plan of development or sale or otherwise required by DEP in accordance with federal regulations. Similarly, disturbances of 4.999, 4.995 and 4.991 acres will be rounded up to five (5) acres for the purpose of determining PAG-01 eligibility.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• Size cutoffDEP's PAG-02 Notice of Intent instructions (Rev. 3/2026) state that, other than agricultural plowing and tilling, animal heavy use areas, timber harvesting, oil and gas, and road maintenance activities, DEP considers earth disturbances exceeding 0.99 acre as needing NPDES permit coverage, because actual earth disturbance during construction is likely to meet or exceed the one-acre threshold for a permit under 25 Pa. Code § 102.5. For example, proposed earth disturbances of 0.999, 0.995 and 0.991 acre will be rounded up to one acre and a permit would be required. Disturbances of 0.99 acre and smaller would not require a permit, unless part of a portion, part, or stage of a larger common plan of development or sale or otherwise required by DEP in accordance with federal regulations.

  DEP, PAG-02 NOI Instructions (3800-PM-BCW0405a Rev. 3/2026), "Earth Disturbance Threshold" [17]
  Show the source text

  Other than agricultural plowing and tilling, animal heavy use areas, timber harvesting, oil and gas, and road maintenance activities, DEP considers earth disturbances exceeding 0.99 acre as needing NPDES permit coverage due to the likelihood that actual earth disturbance during construction will meet or exceed the one-acre threshold for a permit under 25 Pa. Code § 102.5. For example, proposed earth disturbances of 0.999, 0.995 and 0.991 acre will be rounded up to one acre and a permit would be required. Disturbances of 0.99 acre and smaller would not require a permit, unless part of a portion, part, or stage of a larger common plan of development or sale or otherwise required by DEP in accordance with federal regulations.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

Farm and agricultural ponds

Chapter 102 defines agricultural plowing or tilling as earth disturbance to prepare and maintain soil for producing crops, including no-till, and an animal heavy use area as a barnyard, feedlot, loafing area, exercise lot or similar area on an agricultural operation where, because of the concentration of animals, vegetative cover dense enough to minimize accelerated erosion and sedimentation cannot be established and maintained by usual planting methods. These activities follow a separate track: BMPs are required even under 5,000 square feet, a written E&S Plan is required at 5,000 square feet or more, and the landowner and any lessee, renter, tenant or other occupier are jointly and individually responsible for developing the written plan. [1][3]

A person conducting those activities needs no E&S Permit or NPDES construction stormwater permit "for these activities". Anyone not required to obtain a Chapter 102 permit must still comply with the rest of the chapter, and the agricultural E&S subsection says nothing in it negates other Chapter 102 requirements, "such as those applicable to construction activities". [3][4]

DEP's guidance says construction on agricultural land that will disturb at least one acre must obtain NPDES coverage, listing barns, homes, animal housing, compost facilities, equipment or vehicle lanes and manure storage as examples, and says the list is not complete. DEP's Agricultural E&S Manual says an Ag E&S Plan does not cover construction, and that construction on an agricultural operation may need a Construction E&S Plan and, depending on the acres disturbed, an NPDES permit. [6][22]

DEP's permitting table marks installing swales, diversions, waterways, filter strips or terraces as part of agricultural plowing and tilling or animal heavy use areas, converting land to agricultural land, and establishing wildlife food plots as not subject to NPDES permitting, PCSM or HQ/EV riparian buffer requirements. DEP's FAQ also says the earth disturbance associated with proposed BMPs that address water-quality concerns of agricultural plowing or tilling and animal heavy use areas is exempt from permit coverage. The table does not list farm, livestock-watering or irrigation ponds, and the definition of agricultural plowing or tilling does not mention ponds. [1][6]

The NRCS Pennsylvania Pond (Code 378) standard (October 2023) requires the pond to be planned, designed and built to comply with all federal, state and local laws and regulations, and says the landowner must obtain all necessary permits before construction. [23]

• Definition"Agricultural plowing or tilling activity" is earth disturbance involving the preparation and maintenance of soil for the production of agricultural crops, including no-till cropping. An "animal heavy use area" is a barnyard, feedlot, loafing area, exercise lot or similar area on an agricultural operation where the concentration of animals prevents establishing and maintaining vegetative cover.

  25 Pa. Code § 102.1 (definitions of "Agricultural plowing or tilling activity" and "Animal heavy use area") [1]
  Show the source text

  Earth disturbance activity involving the preparation and maintenance of soil for the production of agricultural crops. ... The term includes no-till cropping methods ... Barnyard, feedlot, loafing area, exercise lot, or other similar area on an agricultural operation where due to the concentration of animals it is not possible to establish and maintain vegetative cover of a density capable of minimizing accelerated erosion and sedimentation by usual planting methods.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• ExemptionAgricultural plowing/tilling and animal heavy use areas follow a separate track: BMPs are required even for disturbance under 5,000 square feet, and a written E&S Plan is required when those activities disturb 5,000 square feet or more; the landowner and any lessee, renter, tenant or other occupier are jointly and individually responsible for the plan. This agricultural track does not negate Chapter 102 requirements that apply to construction activities.

  Applies when: Agricultural plowing or tilling activities and animal heavy use areas only 25 Pa. Code § 102.4(a)(1)-(3), (9) [3]
  Show the source text

  For agricultural plowing or tilling activities or for animal heavy use areas ... including for those activities which disturb less than 5,000 square feet ... Written E&S Plans are required for the following activities that disturb 5,000 square feet ... or more of land ... The landowner, and any lessee, renter, tenant or other land occupier ... are jointly and individually responsible for developing a written E&S Plan ... Nothing in this section negates the requirements under other provisions of this chapter, such as those applicable to construction activities.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• ExemptionThe agricultural permit exemption covers only the agricultural activities themselves. A person conducting agricultural plowing or tilling or animal heavy use areas does not need an E&S Permit or an NPDES construction stormwater permit "for these activities". Anyone who does not need a Chapter 102 permit must still comply with the other provisions of Chapter 102.

  25 Pa. Code § 102.5(j), (k) [4]
  Show the source text

  (j) A person proposing or conducting agricultural plowing or tilling activities or animal heavy use areas is not required to obtain an E&S Permit, or an NPDES Permit for Stormwater Discharges Associated With Construction Activities, for these activities under this chapter. ... (k) A person proposing or conducting an earth disturbance activity who is not required to obtain a permit under this chapter shall comply with the other provisions of this chapter.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• RequirementThe agricultural E&S subsection states that nothing in it negates the requirements of other Chapter 102 provisions, "such as those applicable to construction activities".

  25 Pa. Code § 102.4(a)(9) [3]
  Show the source text

  (9) Nothing in this section negates the requirements under other provisions of this chapter, such as those applicable to construction activities.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• RequirementDEP guidance: construction activities on agricultural lands that will disturb at least one acre must obtain NPDES permit coverage (DEP's examples: barn or home construction or expansion, new animal housing, compost facilities, equipment/vehicle lanes, manure storage). DEP's table marks installing swales, diversions, waterways, filter strips or terraces as part of agricultural plowing/tilling or AHUAs, converting land to agricultural land, and establishing wildlife food plots as not subject to NPDES permitting. Farm ponds are not listed.

  Applies when: Construction on agricultural operations disturbing >= 1 acre DEP Erosion and Sediment Control FAQ (v1.8, rev. Aug. 12, 2026), FAQ #5 [6]
  Show the source text

  Construction activities on agricultural lands that will disturb at least one acre must obtain NPDES permit coverage. Agricultural construction activities include, but are not limited to, barn or home construction or expansion; new animal housing; compost facilities; lanes for equipment or vehicle access; and manure storage facilities. ... Installing swales, diversions, waterways, filter strips, or terraces as No No No part of agricultural plowing and tilling activities or AHUAs ... Converting land to No No No agricultural land Establishing wildlife food No No No plots

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water (opens in a new tab)

• RequirementDEP's Agricultural E&S Manual: an Ag E&S Plan does not cover construction activities. Anyone starting construction on an agricultural operation may need a Construction E&S Plan and, depending on the acres disturbed, an NPDES permit. New construction requires E&S BMPs and may require a Construction E&S Plan under § 102.4(b). DEP directs questions about construction on agricultural operations to the county conservation district or DEP.

  DEP, Soil Erosion and Sediment Control Manual for Agricultural Operations (383-4200-002), Appendix C - Construction E&S [22]
  Show the source text

  An Ag E&S Plan does not cover construction activities; therefore, if a person is looking to commence construction on an agricultural operation, a Construction E&S Plan and, depending upon the acres disturbed, an NPDES permit may be necessary. ... New construction requires erosion and sedimentation control BMPs and may require a Construction E&S Plan under 25 Pa. Code Section 102.4(b). ... For more information relating to construction on agricultural operations, contact your local county conservation district or the Department.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• ExemptionDEP's agricultural permitting table marks as NOT subject to NPDES permitting, PCSM or HQ/EV riparian buffer requirements: installing swales, diversions, waterways, filter strips or terraces as part of agricultural plowing and tilling or animal heavy use areas, converting land to agricultural land, and establishing wildlife food plots. The same table marks, for example, building a house as subject to all three. Farm ponds, livestock-watering ponds, irrigation ponds and impoundments are not listed in the table.

  DEP Erosion and Sediment Control FAQ (v1.8), FAQ #5 permitting table [6]
  Show the source text

  Building a house Yes Yes Yes ... Installing swales, diversions, waterways, filter strips, or terraces as No No No part of agricultural plowing and tilling activities or AHUAs ... Converting land to No No No agricultural land ... Establishing wildlife food No No No plots

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water (opens in a new tab)

• ExemptionDEP guidance: agricultural plowing or tilling (including no-till) and animal heavy use areas do not require permit coverage but still require an Agricultural E&S Plan or conservation plan. DEP adds that the earth disturbance from BMPs proposed to address water-quality concerns of plowing/tilling and animal heavy use areas is also exempt from permit coverage.

  DEP Erosion and Sediment Control FAQ (v1.8), FAQ #5 [6]
  Show the source text

  Agricultural plowing or tilling activities (including no-till) and animal heavy use areas (AHUAs), as defined at 25 Pa. Code § 102.1, do not require permit coverage, but they still require the development of an agricultural E&S Plan (Ag E&S Plan) or conservation plan. Therefore, the earth disturbance associated with proposed BMPs to address water quality concerns of agricultural plowing or tilling and AHUA are exempt from permit coverage.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water (opens in a new tab)

• DefinitionChapter 102 defines "agricultural plowing or tilling activity" as earth disturbance involving the preparation and maintenance of soil for the production of agricultural crops, including no-till cropping (planting crops with minimal mechanical tillage). The definition does not mention ponds, impoundments or other structures.

  25 Pa. Code § 102.1 (definition of "Agricultural plowing or tilling activity") [1]
  Show the source text

  Agricultural plowing or tilling activity— ... (i) Earth disturbance activity involving the preparation and maintenance of soil for the production of agricultural crops. ... (ii) The term includes no-till cropping methods, the practice of planting crops with minimal mechanical tillage.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• RequirementThe NRCS Pennsylvania Pond (Code 378) standard (Oct. 2023) itself requires that the pond be planned, designed and built to comply with all federal, state and local laws and regulations. It states the landowner must obtain all necessary permits before construction.

  NRCS Pennsylvania Conservation Practice Standard, Pond (Code 378), General Criteria Applicable to All Ponds [23]
  Show the source text

  Plan, design, and construct the pond to comply with all Federal, State, and local laws and regulations. ... The landowner is also required to obtain all necessary permits for project installation prior to construction.

  Open USDA NRCS Pennsylvania (eFOTG) (opens in a new tab)

When the pond also needs a Chapter 105 permit

Except for small projects, a Chapter 105 permit application must include proof of an application for an Earth Disturbance Permit or an E&S plan for activities in the stream and earthmoving activities; the plan must conform to Chapter 102 and include, if applicable, a conservation district letter finding it satisfactory. Earthmoving on Chapter 105 projects, including small projects, must be conducted under an earth disturbance plan. [11]

DEP's dam permit application instructions (Rev. 6/2018) say final approval of an NPDES permit for stormwater discharge or of an E&S plan from the county conservation district is required for dam permit issuance. [24]

Chapter 102 excuses a separate E&S Permit or NPDES construction permit for earth disturbance approved under a DEP permit issued under a chapter other than Chapter 92 or 102, if that permit includes requirements to comply with both Chapter 92 and Chapter 102 (§ 102.5(g)). It also excuses one for earth disturbance associated with discharging dredged or fill material to waters of the United States that requires a federal Clean Water Act section 404 permit or coverage under one, for the area of disturbance covered by that 404 permit (§ 102.5(i)). In its 2010 comment responses on § 102.5(g), DEP gave mining and waste management permits as examples and did not name Chapter 105 permits. [4][25]

In its 2010 comment responses on § 102.5(i), DEP said an activity covered by another permit issued under section 404, "such as a Chapter 105 permit", needs no additional E&S or NPDES permit for the activity that permit covers; that for a Chapter 105 permit this is the area within the watercourse, floodway or body of water; and that activities outside the area permitted under section 404 need their own E&S or NPDES coverage. DEP's current individual NPDES application instructions (Rev. 7/2026) ask whether the project needs a Chapter 105 permit or other authorization and, if so, how many acres, if any, are excluded from NPDES permit requirements under § 102.5(i). [12][25]

• RequirementExcept for small projects, an application for a Chapter 105 permit must be accompanied by proof of an application for an Earth Disturbance Permit or an erosion and sedimentation control plan for activities in the stream and earthmoving activities. The plan must conform to Chapter 102 and must include, if applicable, a copy of a conservation district letter saying the district reviewed the plan and considered it satisfactory. Earthmoving activities, including small projects, must be conducted under an earth disturbance plan.

  25 Pa. Code § 105.13(g) [11]
  Show the source text

  (g) Except for small projects, an application for a permit under this chapter shall be accompanied by proof of an application for an Earth Disturbance Permit or an erosion and sedimentation control plan for activities in the stream and earthmoving activities. The plan must conform to requirements in Chapter 102 ... and must include a copy of a letter from the conservation district ... considered it to be satisfactory, if applicable. Earthmoving activities, including small projects, shall be conducted pursuant to an earth disturbance plan.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• ProcessDEP's dam permit application instructions (item 10) state that 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.

  DEP, Instructions for Completing Dam Permit Application (3140-PM-BWEW0001 Rev. 6/2018), item 10 [24]
  Show the source text

  Erosion and Sedimentation Control Plan and ... 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.

  Open Pennsylvania DEP, Bureau of Waterways Engineering and Wetlands (opens in a new tab)

• ExemptionSection 102.5(g) text: a person conducting earth disturbance approved under a DEP permit issued under a chapter other than Chapter 92 or Chapter 102, where that permit "includes requirements to comply with Chapter 92 and this chapter", need not obtain an additional E&S Permit or NPDES construction stormwater permit. The permit must include requirements to comply with both Chapter 92 (NPDES) and Chapter 102.

  25 Pa. Code § 102.5(g) [4]
  Show the source text

  (g) A person proposing or conducting an earth disturbance activity approved under a Department permit issued under a chapter other than Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance) or this chapter, which includes requirements to comply with Chapter 92 and this chapter, need not obtain an additional E&S Permit or NPDES Permit for Stormwater Discharges Associated With Construction Activities.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• ExemptionSection 404 overlap: a person discharging dredged or fill material to waters of the United States who must obtain a Clean Water Act section 404 permit (or coverage under one) need not obtain an additional Chapter 102 E&S Permit or NPDES construction stormwater permit for the area of disturbance covered by the 404 permit.

  Applies when: Embankment or fill in a stream/wetland that requires a USACE section 404 permit 25 Pa. Code § 102.5(i) [4]
  Show the source text

  (i) A person proposing or conducting an earth disturbance activity associated with discharging dredged or fill material to waters of the United States which is required to obtain a permit or coverage under a permit under section 404 of the Federal Clean Water Act (33 U.S.C.A. § 1344) need not obtain an additional E&S Permit or NPDES Permit for Stormwater Discharges Associated With Construction Activities for the area of disturbance covered by the Clean Water Act section 404 permit.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• DEP's 2010 comment-response on § 102.5(g) says the subsection is not meant to let another state permit avoid an NPDES requirement. It applies where Chapter 92 and 102 requirements are built into other DEP regulations and permits reviewed in those permit applications. DEP's examples are mining and waste management permits; Chapter 105 permits are not given as an example.

  Chapter 102 Comment-Response Document (2010 final rulemaking), § 102.5, response to comment 52 [25]
  Show the source text

  The reference in 102.5 (g) is an existing requirement, and is not intended to avoid an NPDES permit requirement. The requirements are to comply with both Chapter 92 and 102 when these requirements are included in other Department regulations and permit requirements that are reviewed for other permit applications. The other Department permit provides sufficient authorization, therefore a separate authorization under permits identified in this rule are not necessary - Some examples include mining and waste management permits.

  Open PA DEP / Environmental Quality Board (opens in a new tab)

• ExemptionHow DEP described Chapter 105 permits in 2010: the E&S approval is obtained during review of the Water Obstruction and Encroachment permit, because an E&S Plan is a required part of that application. An activity covered by another permit issued under section 404, "such as a Chapter 105 permit", needs no additional E&S or NPDES permit for the activity that permit covers. For a Chapter 105 permit, the covered area is "the area within the watercourse, floodway or body of water", and other activities outside the 404-permitted area need their own E&S or NPDES coverage.

  Chapter 102 Comment-Response Document (2010 final rulemaking), § 102.5(i), response to IRRC comment 5 [25]
  Show the source text

  The E&S approval would be obtained during the review of the Water Obstruction and Encroachment Permit since an E&S Plan is a required part of that application ... such as a Chapter 105 permit, does not require an additional E&S or NPDES permit for the activity covered by that other permit. In the case of a Chapter 105 permit, that would be the area within the watercourse, floodway or body of water. ... Any other activities outside of the area permitted for coverage under Section 404 would need additional E&S or NPDES coverage.

  Open PA DEP / Environmental Quality Board (opens in a new tab)

• ProcessDEP's current individual NPDES permit application handles Chapter 105 overlap by asking for acreage. Applicants state whether the project needs a Chapter 105 permit or authorization, identify its type, and report any acreage excluded from NPDES permit requirements under § 102.5(i).

  DEP, Individual NPDES Permit Application Instructions (3800-PM-BCW0408a Rev. 7/2026), items 23-25 [12]
  Show the source text

  23. Chapter 105 Permit or Authorization. Check the box for Yes if the project requires a permit or other authorization under 25 Pa. Code Chapter 105 ... 25. If Yes to question #23, report any area, in acres, that is excluded from NPDES permit requirements under the authority of 25 Pa. Code 102.5(i), if applicable.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

The NPDES construction permit

DEP's Bureau of Clean Water administers the statewide Chapter 102 program. Persons disturbing 1 acre or more may, if eligible, apply for coverage under the PAG-01 (small construction) or PAG-02 (construction) general permit; if ineligible for both, they may apply for an individual NPDES permit. [26]

A person whose earth disturbance requires a Chapter 102 permit must submit to DEP or a conservation district a complete application or Notice of Intent (NOI), an E&S Plan, a post-construction stormwater (PCSM) Plan and proof of consultation with the Pennsylvania Natural Heritage Program about the presence of state or federal threatened or endangered species. If the application or NOI is found incomplete, the applicant has 60 days to complete it or it is considered withdrawn; a specific extension may be requested in writing. [27]

PAG-01 took effect March 1, 2022, expires February 28, 2027, covers disturbance of at least 1 acre and less than 5 acres, and may not be used for discharges to special-protection waters; complete NOI packages are due 30 or 60 days before construction, depending on factors in the NOI instructions. DEP's PAG-01 fact sheet (Rev. 4/2025) sets design limits relevant to ponds: sediment basins and sediment traps cannot be used (compost sock sediment traps are allowed), alternative E&S BMPs need DEP's written authorization, and post-construction impervious area is limited to 30,000 square feet within the disturbed area and 12% of the total site. [21][28]

DEP published notice of a draft reissued PAG-01 on August 22, 2026; it is a proposal, not a final permit. The draft would keep the $500 administrative filing fee and the $100 per disturbed acre fee, and would drop the two review-period options so that NOIs would be due at least 60 days before earth disturbance begins; DEP says existing PAG-01 permittees who want to continue coverage will need to submit an NOI by February 28, 2027. Comments closed September 21, 2026, and DEP estimates issuance in January 2027 and a March 1, 2027 effective date. [29][30]

PAG-02 was reissued effective December 8, 2024 and expires December 7, 2029. An administratively complete NOI is due at least 60 calendar days before the planned start of any new discharge, and a permittee may not begin a new discharge under PAG-02 until coverage is approved in writing and all other state and local permits and approvals arising from the earth disturbance reported in the NOI (which may include local building permits and Chapter 105 permits) are obtained. Except as specified in Part C II.B of the permit, the permittee must also have recorded with the Recorder of Deeds a legal instrument disclosing planned PCSM measures and received written DEP or district authorization to schedule the pre-construction meeting, and that meeting must be held unless DEP or the district waives it in writing. [18][19]

Under PAG-02, until the Notice of Termination is approved (unless DEP or the district approves otherwise in writing), routine visual site inspections are weekly and post-storm inspections are due within 24 hours after the end of each storm of 0.25 inch or more in 24 hours or snowmelt sufficient to cause a discharge. Effective December 8, 2025, inspections must be performed by qualified personnel, such as people who complete DEP's Qualified Site Inspector Training Program initially and every two years thereafter. [31]

• AgencyDEP's Bureau of Clean Water administers the statewide Chapter 102 program. Persons disturbing one or more acres may, if eligible, seek coverage under the PAG-01 (small construction) or PAG-02 (construction) general NPDES permits; if ineligible for both, they may apply for an individual NPDES permit. DEP lists RA-EPChapter102@pa.gov as the Bureau of Clean Water contact for the Chapter 102 program.

  DEP, Construction Stormwater (web page) [26]
  Show the source text

  DEP's Bureau of Clean Water administers the statewide Chapter 102 program for earth disturbance activities ... If eligible, persons disturbing one or more acres may apply for coverage under the PAG-01 NPDES General Permit for Discharges of Stormwater Associated with Small Construction Activities or PAG-02 NPDES General Permit ... If ineligible for PAG-01 or PAG-02 coverage, persons may apply for an individual NPDES permit ... contact DEP’s Bureau of Clean Water at RA-EPChapter102@pa.gov.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• ProcessA person whose earth disturbance requires a permit under § 102.5 must submit to DEP or a conservation district a complete application or Notice of Intent (NOI), an E&S Plan meeting § 102.4 and a PCSM Plan meeting § 102.8, plus proof of consultation with the Pennsylvania Natural Heritage Program (PNHP) regarding the presence of State or Federal threatened or endangered species. If DEP or the district finds the application/NOI incomplete, the applicant has 60 days to complete it or it is considered withdrawn; the applicant may request a specific extension in writing.

  25 Pa. Code § 102.6(a)(1)-(2), (c)(2) [27]
  Show the source text

  Submit to the Department or a conservation district a complete application or NOI, an E&S Plan meeting the requirements of § 102.4 ... a PCSM Plan meeting the requirements of § 102.8 ... Provide proof of consultation with the Pennsylvania Natural Heritage Program (PNHP) regarding the presence of a State or Federal threatened or endangered species ... have 60 days to provide the information necessary to complete the application or NOI, or ... will consider the application to be withdrawn by the applicant. Requests for a specific extension may be sought by the applicant in writing.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• StatusPAG-01 (small construction) general permit: effective March 1, 2022 and expiring February 28, 2027; it covers earth disturbance of at least 1 acre and less than 5 acres and may not be used for discharges to special protection waters. Complete NOI packages are due 30 or 60 days before construction depending on factors in the NOI instructions, and PAG-01 applicants are not required to prepare the § 102.8(g) stormwater analysis.

  51 Pa.B. 7128 (Nov. 13, 2021), Notice of availability of PAG-01 [21]
  Show the source text

  The PAG-01 General Permit will become effective on March 1, 2022, and will expire on February 28, 2027. ... involving earth disturbance greater than or equal to 1 acre and less than 5 acres ... may not be used for discharges to waters designated for special protection ... must submit a complete Notice of Intent (NOI) package 30 or 60 days prior to the planned date for commencing construction activities involving earth disturbance ... Applicants are not required to prepare a stormwater analysis under 25 Pa. Code § 102.8(g)

  Open Pennsylvania Bulletin / DEP (opens in a new tab)

• RequirementPAG-01 design limits relevant to ponds: under the PAG-01 small-construction general permit, E&S BMPs must follow DEP's E&S Manual except that sediment traps (compost sock sediment traps are allowed) and sediment basins cannot be used; alternative E&S BMPs are not allowed unless DEP authorizes them in writing; chemicals may not be introduced to stormwater during construction; and post-construction impervious area must be 30,000 square feet or less and 12% or less of the total project site.

  Applies when: Projects seeking PAG-01 coverage (1 to <5 acres) DEP, PAG-01 Fact Sheet (3800-PM-BCW0404e Rev. 4/2025), Eligibility Criteria B.1-B.2 [28]
  Show the source text

  with the exception of sediment traps (compost sock sediment traps are allowable) and sediment basins, which cannot be utilized under this General Permit. In addition, applicants are not authorized to use alternative E&S BMPs unless authorized to do so by DEP in writing ... The introduction of chemicals to stormwater during construction is prohibited. ... a. Less than or equal to thirty thousand square feet (≤ 30,000 sf) (within the area of disturbance), and ... b. Less than or equal to twelve percent (≤ 12%) of the total project site area.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• StatusDEP published notice of a DRAFT reissued PAG-01 general permit (the "2027 General Permit") in the Pennsylvania Bulletin on August 22, 2026 (56 Pa.B. 5629). PAG-01 is meant to provide NPDES coverage for stormwater discharges to surface waters from less than 5 acres of earth disturbance. This is a proposal, not a final permit.

  56 Pa.B. 5629 (Aug. 22, 2026), Doc. No. 26-1207 [29]
  Show the source text

  The Department of Environmental Protection (Department) is announcing the availability of a draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Small Construction Activities (PAG-01). ... PAG-01 is intended to provide NPDES permit coverage for storm- water discharges to surface waters to persons conducting less than 5 acres of earth disturbance.

  Open Pennsylvania Bulletin (DEP notice) (opens in a new tab)

• ProcessProposed PAG-01 process changes (draft): DEP would eliminate the two review-period options, so NOIs would be due at least 60 days before earth disturbance begins. The $500 administrative filing fee and the $100 per disturbed acre fee would not change. DEP expects existing PAG-01 permittees who want to continue coverage to submit an NOI by February 28, 2027. Written comments were accepted through September 21, 2026.

  56 Pa.B. 5629 (Aug. 22, 2026) [29]
  Show the source text

  The Department is also proposing to eliminate the two review period options ... NOIs would be due at least 60 days prior to the planned date of beginning earth disturbance. ... The proposed administrative filing fee ($500) and disturbed acreage fee ($100 per disturbed acre) have not changed ... permittees with existing PAG-01 coverage that are interested in continuing their coverage will need to submit an NOI ... by February 28, 2027. ... submit written comments regarding the Draft PAG-01 General Permit and associated documents through Monday, September 21, 2026.

  Open Pennsylvania Bulletin (DEP notice) (opens in a new tab)

• StatusPAG-02 current version: DEP reissued the PAG-02 General NPDES Permit for Discharges of Stormwater Associated with Construction Activities effective December 8, 2024, expiring December 7, 2029. PAG-02 may not be used for discharges to waters designated for special protection (HQ/EV) under Chapter 93 or for other discharges that do not meet its eligibility requirements.

  54 Pa.B. 5536 (Aug. 31, 2024), Notice of availability of PAG-02 [18]
  Show the source text

  The PAG-02 General Permit will become effective on December 8, 2024, and will expire on December 7, 2029. ... The PAG-02 General Permit may not be used for discharges to waters designated for special protection under 25 Pa. Code Chapter 93 (relating to water quality standards) or other discharges that do not meet eligibility requirements of the PAG-02 General Permit.

  Open Pennsylvania Bulletin / DEP (opens in a new tab)

• ProcessPAG-02 process: an administratively complete NOI must be submitted at least 60 calendar days before the planned start of any new discharge. Before starting, the permittee must have written approval of coverage; have all other state and local permits and approvals (which may include local building permits and Chapter 105 permits); except as specified in Part C II.B of the General Permit, have recorded with the Recorder of Deeds a legal instrument disclosing planned PCSM stormwater control measures and received written DEP/district authorization to schedule the pre-construction meeting; and hold a pre-construction meeting unless DEP or the district waives it in writing.

  DEP, PAG-02 Fact Sheet (3800-PM-BCW0405g Rev. 8/2024) [19]
  Show the source text

  received written approval of coverage ... all other state and local permits and approvals ... local building permits ... and Chapter 105 permits ... recorded a legal instrument disclosing planned post-construction stormwater ... with the Recorder of Deeds ... and has received written authorization from DEP/CCD to schedule a pre-construction meeting, except as specified in Part C II.B ... A pre-construction meeting has been held unless waived by DEP or CCD, in writing. ... administratively complete NOI at least 60 calendar days prior to the planned date for commencing any new discharge

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• RequirementPAG-02 inspection duties: throughout construction and until the Notice of Termination is approved (unless DEP/district approves otherwise in writing), routine visual site inspections are required weekly, and post-storm inspections within 24 hours after the end of each measurable storm (0.25 inch or more of precipitation over a 24-hour period) or snowmelt sufficient to cause a discharge. Effective December 8, 2025, inspections must be performed by qualified personnel, such as those who complete DEP's Qualified Site Inspector Training Program initially and every two years thereafter.

  Applies when: Projects with PAG-02 coverage PAG-02 General Permit (sample, 3800-PM-BCW0405d Rev. 1/2026), Part A III.C.1 and III.C.1.c [31]
  Show the source text

  until the NOT has been approved by DEP/CCD (unless otherwise approved in writing ... Routine Inspections must be conducted weekly. ... PostStorm Event Inspections must be conducted within 24 hours after the conclusion of each ... measurable storm event (i.e., precipitation in an amount of 0.25 inch or greater over a 24-hour period) or the occurrence of snowmelt sufficient to cause a discharge. ... Effective December 8, 2025, site inspections must be performed ... by qualified personnel ... Qualified Site Inspector Training Program ... initially and every two years thereafter

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

What E&S controls look like on a pond job

DEP's Erosion and Sediment Pollution Control Program Manual (effective March 31, 2012) says off-site surface water should be diverted away from areas to be disturbed wherever feasible, runoff from disturbed areas should be collected and conveyed to a sediment basin, sediment trap or other BMP, and both the extent of disturbance and the time until final stabilization should be minimized. It adds that existing vegetation, especially trees, should be preserved wherever possible, and that water pumped from excavations usually needs sediment removal treatment. [32]

Chapter 102 requires E&S BMPs to be designed, implemented and maintained to minimize the potential for accelerated erosion and sedimentation. DEP's E&S Manual lists BMPs and design standards; others may be used when the person demonstrates to DEP that they minimize accelerated erosion and sedimentation. Activities requiring an NPDES permit must also comply with the federal construction and development effluent guidelines at 40 CFR Part 450. DEP's examples of BMPs include minimizing earth disturbance, silt fence, mulch, channels, sediment traps, sediment basins and establishing permanent stabilization. [6][33]

The E&S Plan must be prepared by someone trained and experienced in E&S control for a project of that size and scope, and must include, among other items, the volume and rate of runoff from the site and its upstream watershed, the Chapter 93 classification of receiving waters, a maintenance program providing for weekly and post-storm BMP inspections with a written report for each, and potential thermal impacts to surface waters. The Manual says every project needing a written plan must have a BMP installation sequence, that controls should be installed and functioning before clearing and grubbing, and that for permitted sites the permit must be obtained before clearing and grubbing begins. [3][32]

For earthwork within lakes and ponds, the Manual says the appropriate Chapter 105 permits must be obtained from DEP wherever the structures described in that section (such as cofferdams) are installed, and that a cofferdam is usually sufficient to protect impounded water from construction turbidity because water within a lake or pond typically has no appreciable flow velocity. [32]

When an earth disturbance or any stage of it is finished, the site must immediately have topsoil restored, replaced or amended and be seeded, mulched or otherwise permanently stabilized; if work will stop for more than 4 days, the site must be immediately seeded, mulched or otherwise protected. Permanent stabilization can mean, among other options, a minimum uniform 70% perennial vegetative cover dense enough to resist accelerated erosion and sedimentation; once it is established, the temporary E&S BMPs must be removed. [34]

• What E&S control means in practice (DEP E&S Manual): divert off-site surface water away from areas to be disturbed where feasible; collect runoff from disturbed areas and convey it to a sediment basin, sediment trap or other BMP for sediment removal; minimize the extent of disturbance and the time between initial disturbance and final stabilization; preserve existing vegetation, especially trees; and treat water pumped from excavations for sediment.

  DEP, Erosion and Sediment Pollution Control Program Manual (386-2134-001, eff. Mar. 31, 2012), Chapter 1 [32]
  Show the source text

  All off-site surface water should be diverted away from areas to be disturbed (wherever feasible); all runoff from disturbed areas should be collected and conveyed to a sediment basin, sediment trap, or other BMP for sediment removal. The extent of the disturbance, as well as the time period between initial disturbance and final stabilization, should be minimized. Existing vegetation, especially existing trees, should be preserved wherever possible ... Sediment removal treatment for water pumped from excavations is usually needed.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• RequirementE&S BMPs must be designed, implemented and maintained to minimize accelerated erosion and sedimentation, using BMPs and design standards listed in DEP's Erosion and Sediment Pollution Control Program Manual; other BMPs or design standards may be used when the person demonstrates to DEP that they achieve the regulatory standard. Activities requiring an NPDES permit must also comply with the federal construction and development effluent guidelines at 40 CFR Part 450.

  25 Pa. Code § 102.11(a)(1), (b), (c) [33]
  Show the source text

  Design, implement and maintain E&S BMPs to minimize the potential for accelerated erosion and sedimentation ... Various E&S BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual ... BMPs and design standards other than those listed in the manuals or Buffer Guidance may be used when ... demonstrates to the Department that the alternate BMP or design standard minimizes accelerated erosion and sedimentation ... Activities requiring an NPDES permit under this chapter must also comply with 40 CFR Part 450

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• DEP's plain-English summary: the E&S Plan must show how land and water are protected against accelerated erosion and sedimentation using BMPs - for example minimizing earth disturbance, silt fence, mulch, channels, sediment traps, sediment basins, and establishing permanent stabilization - and must show the full extent of the site, BMP locations, and the timing and sequence of BMP installation. County conservation districts can provide guidance on plan development.

  DEP Erosion and Sediment Control FAQ (v1.8, rev. Aug. 12, 2026), FAQ #5 [6]
  Show the source text

  The E&S Plan must show how land and water resources are to be protected against accelerated erosion and sedimentation through the use of BMPs. Examples of BMPs include, but are not limited to: minimizing earth disturbance, silt fence, mulch, channels, sediment traps, sediment basins, and the establishment of permanent stabilization. The E&S Plan must show the full extent of the site, location of BMPs, the timing and sequence of BMP installation, and other information required by the regulations. CCDs can provide guidance for E&S Plan development.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water (opens in a new tab)

• RequirementThe E&S Plan must be prepared by a person trained and experienced in E&S control methods applicable to the size and scope of the project. Unless DEP or the conservation district (after consulting DEP) authorizes otherwise, earth disturbance must be planned and implemented, to the extent practicable, to minimize the extent and duration of disturbance, maximize protection of existing drainage features and vegetation, minimize soil compaction, and use other measures that prevent or minimize increased stormwater runoff.

  25 Pa. Code § 102.4(b)(3)-(4) [3]
  Show the source text

  (3) The E&S Plan shall be prepared by a person trained and experienced in E&S control methods and techniques applicable to the size and scope of the project being designed. ... (i) Minimize the extent and duration of the earth disturbance. ... (ii) Maximize protection of existing drainage features and vegetation. ... (iii) Minimize soil compaction. ... (iv) Utilize other measures or controls that prevent or minimize the generation of increased stormwater runoff.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• RequirementRequired E&S Plan contents include, among other listed items: the volume and rate of runoff from the project site and its upstream watershed; the location and Chapter 93 classification of all surface waters that may receive runoff; a maintenance program providing for BMP inspection weekly and after each stormwater event, with a written report documenting each inspection; and identification of potential thermal impacts to surface waters.

  25 Pa. Code § 102.4(b)(5)(iv), (v), (x), (xiii) [3]
  Show the source text

  (iv) The volume and rate of runoff from the project site and its upstream watershed area. ... (v) The location of all surface waters of this Commonwealth which may receive runoff within or from the project site and their classification under Chapter 93. ... the inspection of BMPs on a weekly basis and after each stormwater event ... The program must provide for completion of a written report documenting each inspection ... (xiii) Identification of potential thermal impacts to surface waters of this Commonwealth from the earth disturbance activity

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• ProcessDEP's E&S Manual on sequencing: every earthmoving project requiring a written E&S Plan needs a BMP installation sequence; controls should be installed and functioning before clearing and grubbing, with initial clearing limited to what is needed to install perimeter BMPs; and for permitted sites the NPDES (or other Chapter 102) permit must be obtained before clearing and grubbing begins.

  DEP, Erosion and Sediment Pollution Control Program Manual (386-2134-001), Chapter 2 - BMP Sequencing [32]
  Show the source text

  A BMP sequence must be provided for every earthmoving project requiring a written E&S plan. ... Appropriate controls should be installed and functioning prior to clearing and grubbing. ... Initial clearing should be limited to that which is necessary to ... install the proposed perimeter BMPs. ... For permitted sites, the NPDES permit, ESCP permit or ESCGP ... permit must be obtained prior to beginning clearing and grubbing operations.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• RequirementDEP's E&S Manual on earthwork within lakes and ponds: wherever the structures in that section are installed (for example, cofferdams for in-pond work), the appropriate Chapter 105 permits must be obtained and designs must follow them. The manual says a cofferdam is usually sufficient to protect impounded water from construction turbidity, because pond water typically has no appreciable flow velocity.

  DEP, Erosion and Sediment Pollution Control Program Manual (386-2134-001), Chapter 3, "Earthwork within Lakes and Ponds" [32]
  Show the source text

  EARTHWORK WITHIN LAKES AND PONDS ... NOTE: Wherever the structures described in this section are installed, the appropriate Chapter 105 permits must be obtained from the Department. Designs shall adhere to the conditions of those permits. ... Since the water within a lake or pond typically has no appreciable flow velocity, a cofferdam is usually sufficient to protect impounded water from the turbidity caused by construction activity.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• RequirementSite stabilization: upon final completion of an earth disturbance or any stage or phase of it, the site must immediately have topsoil restored, replaced or amended and be seeded, mulched or otherwise permanently stabilized; permanent stabilization means (among the options) a minimum uniform 70% perennial vegetative cover dense enough to resist accelerated erosion. Temporary E&S BMPs are removed once permanent stabilization is established. If work will stop for more than 4 days, the site must be immediately seeded, mulched or otherwise protected.

  25 Pa. Code § 102.22(a)-(b) [34]
  Show the source text

  Upon final completion of an earth disturbance activity or any stage or phase of an activity, the site shall immediately have topsoil restored, replaced, or amended, seeded, mulched or otherwise permanently stabilized ... Once permanent stabilization has been established, the temporary E&S BMPs shall be removed. ... A minimum uniform 70% perennial vegetative cover, with a density capable of resisting accelerated erosion and sedimentation. ... where a cessation of earth disturbance activities will exceed 4 days, the site shall be immediately seeded, mulched, or otherwise protected

  Open Pennsylvania Code & Bulletin (opens in a new tab)

Buffers, post-construction stormwater and special-protection waters

A person proposing a new earth disturbance that needs Chapter 102 permit coverage or another new DEP permit requiring compliance with Chapter 102 must ensure a written PCSM Plan is developed, implemented, operated and maintained; PCSM must be planned, to the extent practicable, to prevent an increase in the rate of runoff, minimize any increase in runoff volume and minimize impervious areas. A licensed professional or designee must be on site and responsible during critical stages of PCSM Plan implementation, and for any property containing a PCSM BMP the permittee must record an instrument with the recorder of deeds that discloses the BMP and gives notice that responsibility for its long-term operation and maintenance is a covenant that runs with the land. [35]

Where a project needs a Chapter 102 permit and any receiving surface water is classified HQ or EV, the permit application must evaluate and include nondischarge alternatives in the E&S Plan or demonstrate that none exist, in which case the E&S Plan must include antidegradation best available combination of technologies (ABACT), except as provided in § 93.4c(b)(1)(iii). DEP's PAG-02 fact sheet says DEP will deny coverage where, among other conditions, stormwater discharges directly to surface waters, including wetlands, with a designated or existing HQ or EV use, or the construction may adversely affect a Pennsylvania or federal threatened or endangered species or its critical habitat. [3][19]

As codified in its 2010 text, § 102.14 says that, except as provided in § 102.14(d), a project needing a Chapter 102 permit in an EV or HQ watershed attaining its designated use (as listed by DEP at the time of application) may not disturb earth within 150 feet of a perennial or intermittent river, stream or creek, or a lake, pond or reservoir, and must protect any existing riparian buffer. Around a pond, the buffer is measured horizontally and perpendicular to the bank from the normal pool elevation. [10]

The § 102.14(d) exceptions include, among others, project sites more than 150 feet from a river, stream, creek, lake, pond or reservoir, activities involving less than 1 acre of earth disturbance, and activities that do not need Chapter 102 permit coverage. Act 162 of 2014 amended the Clean Streams Law to let a person whose earth disturbance requires an NPDES stormwater permit under Chapter 102 use a riparian buffer or riparian forest buffer, or other BMPs, design standards and alternatives that are collectively substantially equivalent in effectiveness; the conflict note above covers how far that reaches. [7][10]

• RequirementPost-construction stormwater management (PCSM): anyone proposing a new earth disturbance activity that requires Chapter 102 permit coverage must ensure a written PCSM Plan is developed, implemented, operated and maintained. PCSM must be planned, to the extent practicable, to prevent an increase in the rate of stormwater runoff, minimize any increase in runoff volume, and minimize impervious areas.

  Applies when: Earth disturbance requiring a Chapter 102 permit 25 Pa. Code § 102.8(a)-(b) [35]
  Show the source text

  a person proposing a new earth disturbance activity that requires permit coverage under this chapter or other new Department permit that requires compliance with this chapter shall be responsible to ensure that a written PCSM Plan is developed, implemented, operated and maintained in accordance with this section. ... (2) Prevent an increase in the rate of stormwater runoff. ... (3) Minimize any increase in stormwater runoff volume. ... (4) Minimize impervious areas.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• RequirementPCSM applies beyond NPDES permits. After November 19, 2010, anyone proposing a new earth disturbance that requires Chapter 102 permit coverage, or "other new Department permit that requires compliance with this chapter", must ensure a written PCSM Plan is developed, implemented, operated and maintained under § 102.8.

  25 Pa. Code § 102.8(a) [35]
  Show the source text

  (a) PCSM applicability. After November 19, 2010, a person proposing a new earth disturbance activity that requires permit coverage under this chapter or other new Department permit that requires compliance with this chapter shall be responsible to ensure that a written PCSM Plan is developed, implemented, operated and maintained in accordance with this section.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• RequirementPCSM long-term obligations: a licensed professional (or designee) must be onsite and responsible during critical stages of PCSM Plan implementation; and for any property containing a PCSM BMP, the permittee must record an instrument with the recorder of deeds disclosing the BMP and giving notice that responsibility for its long-term operation and maintenance is a covenant that runs with the land, binding on and enforceable by later owners.

  25 Pa. Code § 102.8(k), (m)(2) [35]
  Show the source text

  (k) Licensed professional oversight of critical stages. A licensed professional or a designee shall be present onsite and be responsible during critical stages of implementation of the approved PCSM Plan. ... the permittee or co-permittee shall record an instrument with the recorder of deeds which will assure disclosure of the PCSM BMP ... provide notice that the responsibility for long-term operation and maintenance of the PCSM BMP is a covenant that runs with the land that is binding upon and enforceable by subsequent grantees

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• RequirementSpecial protection (High Quality / Exceptional Value) waters: for earth disturbance that requires a Chapter 102 permit where any receiving surface water is classified HQ or EV under Chapter 93, the applicant must, in the permit application, evaluate and include nondischarge alternatives in the E&S Plan unless it demonstrates none exist; if it demonstrates none exist, the E&S Plan must include ABACT (antidegradation best available combination of technologies), except as provided in 25 Pa. Code § 93.4c(b)(1)(iii).

  Applies when: Permitted earth disturbance with any HQ or EV receiving water 25 Pa. Code § 102.4(b)(6) [3]
  Show the source text

  for an earth disturbance activity that requires a permit under this chapter and for which any receiving surface waters of this Commonwealth is classified as High Quality or Exceptional Value under Chapter 93, the person proposing the activity shall, in the permit application, do the following: ... (i) Evaluate and include nondischarge alternatives in the E&S Plan, unless a person demonstrates that nondischarge alternatives do not exist for the project. ... nondischarge alternatives do not exist for the project, the E&S Plan must include ABACT, except as provided in § 93.4c(b)(1)(iii).

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• ExemptionPAG-02 ineligibility: DEP will deny PAG-02 coverage when, among other listed conditions, stormwater discharges go directly to surface waters, including wetlands, with a designated or existing use of HQ or EV; the construction may adversely affect a Pennsylvania or federal endangered or threatened species or its critical habitat; or discharges go to waters impaired for siltation, turbidity and similar causes unless managed with a non-discharge alternative or ABACT BMPs.

  DEP, PAG-02 Fact Sheet (Rev. 8/2024), Eligibility Criteria 9, 13, 14 [19]
  Show the source text

  DEP will deny coverage under the PAG-02 General Permit when one or more of the following conditions exist: ... Stormwater discharges directly to surface waters, including wetlands, with a designated or existing use of ... High-Quality Waters (HQ) or Exceptional Value Waters (EV) ... may adversely affect a Pennsylvania or federal endangered or threatened species or its critical habitat. ... Stormwater discharges to surface waters identified as waters impaired for siltation; turbidity; ... unless the discharges will be managed with a non-discharge alternative or Antidegradation Best Available

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• RequirementRiparian buffer rule in special protection watersheds (as codified in the 2010 text): except as provided in the § 102.14(d) exceptions, when earth disturbance requires a Chapter 102 permit and the project site is in an Exceptional Value or High Quality watershed attaining its designated use (as listed by DEP at the time of application), earth disturbance may not be conducted within 150 feet of a perennial or intermittent river, stream or creek, or a lake, pond or reservoir, and any existing riparian buffer must be protected. Newly established riparian forest buffers along special protection waters total 150 feet (50 feet in Zone 1 and 100 feet in Zone 2).

  Applies when: Permitted earth disturbance in HQ/EV watersheds within 150 ft of streams, lakes, ponds or reservoirs 25 Pa. Code § 102.14(a)(1), (b)(2)(ii) [10]
  Show the source text

  Except as in accordance with subsection (d) ... when the activity requires a permit under this chapter may not conduct earth disturbance activities within 150 feet of a perennial or intermittent river, stream, or creek, or lake, pond or reservoir when the project site is located in an exceptional value or high quality watershed attaining its designated use as listed by the Department at the time of application and shall protect any existing riparian buffer ... A total of 150 feet (45.7 meters), comprised of 50 feet (15.2 meters) in Zone 1 and 100 feet (30.5 meters) in Zone 2

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• RequirementRiparian buffer rules name ponds. Except as provided in § 102.14(d), persons whose earth disturbance requires a Chapter 102 permit, where the project site is in an exceptional value or high quality watershed attaining its designated use, may not conduct earth disturbance within 150 feet of a perennial or intermittent river, stream or creek, or a lake, pond or reservoir, and must protect any existing riparian buffer. Buffers must be measured horizontally and perpendicular to the bank from the normal pool elevation of a lake, pond or reservoir (and from top of streambank), with no more than a 10% variation below the minimum width.

  Applies when: Projects requiring a Chapter 102 permit in EV/HQ watersheds attaining their designated use, subject to the § 102.14(d) exceptions 25 Pa. Code § 102.14(a)(1), (c)(3) [10]
  Show the source text

  when the activity requires a permit under this chapter may not conduct earth disturbance activities within 150 feet of a perennial or intermittent river, stream, or creek, or lake, pond or reservoir when the project site is located in an exceptional value or high quality watershed attaining its designated use ... (3) Measurements. Riparian buffers must be measured horizontally and perpendicularly to the bank with no more than a 10% variation below the minimum width from the normal pool elevation for lake, pond or reservoir and from top of streambank.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• ExemptionThe mandatory riparian buffer requirement of § 102.14(a) does not apply to, among other listed exceptions: project sites more than 150 feet from a river, stream, creek, lake, pond or reservoir; activities involving less than 1 acre of earth disturbance; and activities for which Chapter 102 permit coverage is not required.

  25 Pa. Code § 102.14(d)(1)(i)-(iii) [10]
  Show the source text

  (i) A project site located greater than 150 feet (45.7 meters) from a river, stream, creek, lake, pond or reservoir. ... (ii) Activities involving less than 1 acre (0.4 hectare) of earth disturbance. ... (iii) Activities when permit coverage is not required under this chapter.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• RequirementAct 162 of 2014 amended the Clean Streams Law so that, for earth disturbance requiring an NPDES stormwater permit under Chapter 102, the person may use or install either a riparian buffer/riparian forest buffer or other BMPs, design standards and alternatives that collectively are substantially equivalent to a buffer in effectiveness.

  35 P.S. § 691.402(c)(1) (Clean Streams Law § 402(c)(1), added by Act 162 of 2014) [7]
  Show the source text

  For persons proposing or conducting earth disturbance activities when the activity requires a National Pollutant Discharge Elimination System permit for storm water discharge under 25 Pa. Code Ch. 102 (relating to erosion and sediment control), the person may use or install either: ... (i) a riparian buffer or riparian forest buffer; or ... (ii) another option or options among available best management practices, design standards and alternatives that collectively are substantially equivalent to a riparian buffer or riparian forest buffer in effectiveness

  Open Pennsylvania General Assembly (opens in a new tab)

Who reviews it, fees and timing

DEP says county conservation districts with trained staff are delegated to review E&S Plans, process permit applications, conduct training, inspect sites and, in certain circumstances, take enforcement actions; every county except Philadelphia has a district. DEP's individual NPDES permit instructions (Rev. 7/2026) say that in every county except Forest and Philadelphia, the district is the initial recipient of individual NPDES application packages, and projects in more than two counties within one DEP regional office's jurisdiction are submitted to that regional office. [6][12]

Chapter 102's codified fees are a $500 administrative filing fee for general permits and $1,500 for individual permits, plus $100 per disturbed acre for projects of 1 acre or more (rounded to the closest whole acre), and conservation districts may charge additional fees. Holders of an individual NPDES permit for construction stormwater also pay a $500 annual fee under Chapter 92a; for permits first issued after August 28, 2021, it is due on each anniversary of the permit's effective date until DEP terminates the permit. [27][36]

In its July 2026 Chapter 102 fee report to the Environmental Quality Board, DEP said it plans to evaluate increasing Chapter 102 permit fees and, depending on that evaluation, may draft a proposed rulemaking; the report itself does not change the fees. No Chapter 102 rulemaking, proposed or final, appears in the Pennsylvania Bulletin's 2026 list of Pa. Code chapters affected as printed in the Sept. 26, 2026 issue, and DEP's Regulatory Update dated Sept. 28, 2026, its status chart of Environmental Quality Board regulations, lists no rulemaking identified as amending Chapter 102 at any stage. [37][38][39]

A complete application package for a new individual NPDES permit is due at least 120 calendar days before the planned start of construction. Under Executive Order 2023-07, DEP has 81 business days to take final action on PAG-02 NOIs for new, renewed and amended coverage and 117 business days on new, renewal and amendment individual permit applications (22 business days for transfer applications). If DEP does not act within those periods, fees may be refunded under its "PAyback" policy (for individual permits, the disturbed acreage fees). PAyback applies only to DEP, not to conservation districts; for PAG-02 it applies only when DEP, not a district, received the NOI. [12][40][41]

Except for local stormwater approvals, a municipality or county may not issue a building or other permit or approval to someone whose earth disturbance requires a Chapter 102 permit until DEP or the conservation district has issued that permit or approved general-permit coverage. [42]

Upon permanent stabilization and installation of BMPs in accordance with an approved plan, the permittee must submit a Notice of Termination to DEP or the conservation district. Until it receives written approval of the notice, the permittee remains responsible for complying with the permit, including long-term operation and maintenance of all PCSM BMPs; DEP or the district will conduct a final inspection and approve or deny the notice within 30 days. [43]

• AgencyDEP describes the district role: county conservation districts with trained staff are delegated to review E&S Plans, process permit applications, conduct training, perform site inspections and, in certain circumstances, take enforcement actions. Every Pennsylvania county except Philadelphia has a conservation district office (the Philadelphia Water Department performs many of these functions).

  DEP Erosion and Sediment Control FAQ (v1.8), FAQ #4 [6]
  Show the source text

  CCDs with trained staff are delegated the responsibility to review E&S Plans, process permit applications, conduct training, perform site inspections, and in certain ... circumstances, conduct enforcement actions. Every county in Pennsylvania except Philadelphia ... County has a CCD office (although the Philadelphia Water Department performs many of these ... functions and collaborates closely with DEP).

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water (opens in a new tab)

• ProcessIndividual NPDES permit (construction stormwater): generally needed when a project will not qualify for a general NPDES permit. A complete application package for a new permit must be submitted at least 120 calendar days before the planned start of construction. In all counties except Forest and Philadelphia, the county conservation district is the initial recipient of application packages, but projects in more than two counties within the jurisdiction of one DEP regional office are submitted to that DEP regional office.

  DEP, Individual NPDES Permit Application Instructions (3800-PM-BCW0408a Rev. 7/2026) [12]
  Show the source text

  For all counties in Pennsylvania except for Forest and Philadelphia counties, the County Conservation District (CCD) is the initial recipient ... the submission of an Individual NPDES Permit Application package is necessary when an applicant’s project will not qualify for coverage under a General NPDES Permit. ... at least 120 calendar days prior to the planned date for commencing construction. ... more than two counties but within the jurisdiction of the same DEP regional office, submit the application package to the appropriate DEP regional office.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• FeeChapter 102 permit fees as codified in 25 Pa. Code § 102.6: $500 administrative filing fee for general permits and $1,500 for individual permits, plus $100 per disturbed acre for projects of 1 acre or more (fractional acreage rounded to the closest whole number). Conservation districts may charge additional fees under the Conservation District Law.

  25 Pa. Code § 102.6(b)(1), (3) [27]
  Show the source text

  a $500 administrative filing fee for general permits and a $1,500 administrative filing fee for individual permits. In addition, $100 for each disturbed acre is required to be added to the base administrative filing fee for projects of 1 acre or greater of disturbance. The fees will be calculated based upon the following formula: base fee plus $100 for each disturbed acre. For fractional acreage, the acreage shall be rounded to the closest whole number. ... (3) Conservation districts may charge additional fees in accordance with section 9(13) of the Conservation District Law

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• FeeHolders of an individual NPDES permit for stormwater associated with construction activities also pay a $500 annual fee under Chapter 92a; for permits first issued after August 28, 2021, it is due on each anniversary of the permit's effective date until DEP terminates the permit.

  Applies when: Individual (not general) NPDES construction stormwater permits 25 Pa. Code § 92a.62(a)-(b) [36]
  Show the source text

  The annual fee for permits issued for the first time after August 28, 2021, is due on each anniversary of the effective date of the initial permit until the Department terminates the permit. ... | Stormwater Associated with Construction Activities | $500

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• StatusFee status: in its three-year Chapter 102 fee report to the Environmental Quality Board (July 2026), DEP stated that it plans to evaluate increasing Chapter 102 permit fees and, depending on that evaluation, may draft a proposed rulemaking; the report itself does not change the fees.

  DEP, 3-Year Regulatory Fee and Program Cost Analysis Report to the EQB - Chapter 102 (July 2026) [37]
  Show the source text

  Based on the analysis in this report, DEP plans to evaluate the potential for increasing Chapter 102 permit fees. Depending on this evaluation, DEP may draft a proposed rulemaking to address the disparity between program costs and sustainable funding sources including fee revenues.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• TimelineReview time commitment (PAG-02): under Governor's Executive Order 2023-07, DEP has 81 business days to take final action on PAG-02 NOIs for new, renewed and amended coverage; failure may result in a fee refund ("PAyback") if DEP received the NOI, but PAyback does not apply to PAG-02 NOIs received by conservation districts.

  DEP SOP BCW-102-002, Review of PAG-02 NOIs (v1.6, rev. June 11, 2025) [40]
  Show the source text

  Under the Governor’s Executive Order 2023-07 (Building Efficiency in the Commonwealth’s Permitting, Licensing, and Certification Processes), DEP has 81 business days to take a final action on PAG-02 NOIs for new, renewed, and amended coverage. Failure to take action within this period of time may result in a refund in fees (“PAyback”) if DEP is the recipient of the NOI. PAyback does not apply to PAG-02 NOIs received by CCDs.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water (opens in a new tab)

• TimelineReview time commitment (individual NPDES construction stormwater permit): under Executive Order 2023-07, DEP has 117 business days to take final action on new, renewal and amendment applications and 22 business days for transfers; failure may result in a refund of disturbed acreage fees (PAyback), which applies to DEP only, not to conservation districts.

  DEP SOP BCW-102-003, Review of Individual NPDES Permit Applications (v1.9, rev. Feb. 2, 2026) [41]
  Show the source text

  DEP has 117 business days to take a final action on new, renewal, and amendment individual permit applications for stormwater discharges associated with earth disturbance activities and 22 business days for transfer applications. Failure to take action within this period of time may result in a refund in disturbed acreage fee(s) (“PAyback”). PAyback refund policies impact DEP only; CCDs are not subject to the PAyback refund policy.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water (opens in a new tab)

• ProcessMunicipal permit hold: except for local stormwater approvals, a municipality or county may not issue a building or other permit or approval to someone whose earth disturbance requires a DEP Chapter 102 permit until DEP or the conservation district has issued the E&S or individual NPDES permit or approved general NPDES permit coverage.

  25 Pa. Code § 102.43 [42]
  Show the source text

  With the exception of local stormwater approvals or authorizations, a municipality or county may not issue a building or other permit or approval to those proposing or conducting earth disturbance activities requiring a Department permit until the Department or a conservation district has issued the E&S or individual NPDES Permit, or approved coverage under the general NPDES Permit for Stormwater Discharges Associated With Construction Activities

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• ProcessPermit termination: upon permanent stabilization under § 102.22(a)(2) and installation of BMPs in accordance with an approved plan, the permittee or co-permittee submits a Notice of Termination (NOT) to DEP or the conservation district. The permittee remains responsible for compliance with the permit terms and conditions, including long-term operation and maintenance of all PCSM BMPs, until it receives written approval of the NOT; DEP or the district will conduct a final inspection and approve or deny the NOT within 30 days.

  25 Pa. Code § 102.7(a), (c) [43]
  Show the source text

  Upon permanent stabilization of the earth disturbance activity under § 102.22(a)(2) ... and installation of BMPs in accordance with an approved plan ... shall submit a notice of termination to the Department or conservation district. ... Until the permittee or co-permittee has received written approval of a notice of termination ... will remain responsible for compliance with the permit terms and conditions including long-term operation and maintenance of all PCSM BMPs ... will conduct a final inspection and approve or deny the notice of termination within 30 days.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

More detail

Open questions to ask the agency

Related guides