Fish, Wildlife and PNDI Review for Ponds in Pennsylvania

Key points

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

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

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

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

  25 Pa. Code § 102.5(a) [2]
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  Other than agricultural plowing or tilling activities, animal heavy use areas, timber harvesting activities or road maintenance activities, a person proposing an earth disturbance activity that involves equal to or greater than 1 acre (0.4 hectare) of earth disturbance, or an earth disturbance on any portion, part, or during any stage of, a larger common plan of development or sale that involves equal to or greater than 1 acre ... shall obtain an individual NPDES Permit or coverage under a general NPDES permit ... prior to commencing the earth disturbance activity.

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

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

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

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

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

  Applies when: Chapter 105 Water Obstruction and Encroachment permit applications and general permit registrations. DEP, Joint Permit Application Instructions (3150-PM-BWEW0036, Rev. 10/2025), checklist item e [4]
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  Coordination with the Pennsylvania Natural Heritage Program (PNHP) regarding the presence of Federal Threatened and Endangered (T&E) species and State T&E species or species of special concern on the project site is a regulatory requirement for this permit application/registration. ... a PNDI Receipt, valid for a period of two years from the date the search was conducted ... the receipt may direct further coordination with the U.S. Fish and Wildlife Service (USFWS) ... IPaC submissions and results must also be provided with the permit application.

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

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

  PA Conservation Explorer, "Environmental Review" page [6]
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  PNDI Receipts: Users who require a PNDI receipt will pay $40 per project using a credit card. If you are a federal, state,or local government employee who must create PNDI receipts as part of your job, you may qualify for exemption. ... Users can opt to submit their project for review offline free of charge. Applicants must coordinate with all four jurisdictional agencies regardless of potential impacts on species.

  Open Pennsylvania Department of Conservation and Natural Resources (PNHP) (opens in a new tab)

• ProcessWith a "Potential Impact" result, the applicant must consult the agencies listed on the receipt. Where a Potential Impact to threatened or endangered species is identified before applying, the application should not be submitted until the impact is resolved, while a Potential Impact to special concern species can be submitted with the receipt, a completed PNDI form and a USGS 7.5-minute quadrangle map.

  PA Conservation Explorer, "Receipt Explanation" (Potential Impact; DEP instructions) [8]
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  The applicant must consult with the jurisdictional agency/agencies listed with Potential Impacts on the receipt ... For cases where a "Potential Impact" to threatened and endangered species has been identified before the application has been submitted to DEP, the application should not be submitted until the impact has been resolved. ... “Potential Impact” to special concern species and resources has been identified before the application has been submitted, the application should be submitted to DEP along with the PNDI receipt, a completed PNDI form and a U.S.G.S. 7.5 minute quadrangle map

  Open Pennsylvania Department of Conservation and Natural Resources (PNHP) (opens in a new tab)

• RequirementUnder the Fish and Boat Code, no person may draw off dam waters inhabited by fish without first applying for written permission from the Fish and Boat Commission, and no person may obstruct the flow of water through such a dam without allowing a minimum flow, set by the Commission, sufficient at all times to flow in the natural stream to enable fish to live. A violation is a summary offense of the first degree.

  Applies when: Drawing off (draining or lowering) dam or impoundment waters inhabited by fish; the minimum-flow rule applies to such dams on a natural stream. 30 Pa.C.S. § 3506(a) [12]
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  No person shall draw off dam waters inhabited by fish without first applying for written permission from the commission, nor shall any person obstruct the flow of water through any such dam without allowing a minimum flow of water determined by the commission to be sufficient at all times to flow in the natural stream on which the dam is located to enable the fish to live. Any person violating the provisions of this subsection commits a summary offense of the first degree.

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• ExemptionA general permit (no individual application) covers drawdowns where the water area drawn down is 1 acre or less AND the drawdown is of a type that does not require other State permits, such as erosion and sedimentation control permits or Dams and Waterways Management permits.

  58 Pa. Code § 51.89(a) [13]
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  this section constitutes a general permit for persons to draw down impounded waters without applying for an individual permit when the following circumstances exist: (1) The water area to be drawn down is 1 acre or less. (2) The draw down operations are of a type that do not require other State permits, such as erosion and sedimentation control permits and Dams and Waterways Management permits.

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

• RequirementSince January 1, 2024, no person may introduce any species of fish into waters of the Commonwealth (except fish baited on a hook for angling) without first submitting a Notice of Stocking to the Fish and Boat Commission. Waters inside the property of a propagation or dealer facility licensed under the Aquaculture Development Law are not "waters of this Commonwealth" for this rule. An electronic or paper copy of the Notice must be present at the location during stocking.

  Applies when: Stocking fish into a new or existing pond. 58 Pa. Code § 71a.5(a)(1), (d) [14]
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  No person may introduce any species of fish into waters of this Commonwealth (except baited on a hook for angling purposes) without prior submission of a Notice of Stocking to the Commission. For the purposes of this subsection, ‘‘waters of this Commonwealth’’ does not include waters contained within a property or premise of a propagation or dealer facility licensed ... An electronic or hard copy of the Notice of Stocking shall be present at the location during the time fish are stocked. ... Beginning on January 1, 2024, the provisions of § 71a.5(a)—(c) shall be effective.

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

• RequirementA pond owner, landowner or other person must obtain a PFBC triploid grass carp possession/introduction permit (fee $85) before placing triploid grass carp in a pond or waters on property they own, lease or otherwise control; anyone importing triploid grass carp into Pennsylvania needs a separate importation/transportation permit (fee $85).

  58 Pa. Code § 71a.10(c)(1) [14]
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  A pond owner, landowner or other person who wishes to possess triploid grass carp and introduce them into a pond or waters located on property owned, leased or otherwise controlled by the person shall, before placing triploid grass carp in the waters, obtain from the Commission a triploid grass carp possession/introduction permit, for a fee of $85. A person who wishes to import triploid grass carp into this Commonwealth shall, before doing so, obtain from the Commission a triploid grass carp importation/transportation permit, for a fee of $85.

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

• RequirementThe Fish and Boat Code makes it a misdemeanor of the third degree to alter or disturb any stream, stream bed, fish habitat, water or watershed in any manner that might cause damage to, or loss of, fish without the necessary permits.

  Applies when: Pond construction or earthwork affecting streams or watersheds without required permits. 30 Pa.C.S. § 2502 [16]
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  No person shall alter or disturb any stream, stream bed, fish habitat, water or watershed in any manner that might cause damage to, or loss of, fish without the necessary permits. (b) Penalty.--Any person violating the provisions of this section commits a misdemeanor of the third degree.

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• AgencyOn its pond management page, PFBC advises landowners planning a pond to first determine what permits may be required (a Water Obstruction and Encroachment permit may be needed), with the County Conservation District as the first contact and the DEP regional office as the second. PFBC also notes that chemical control of algae requires a Permit for Use of an Algicide, Herbicide or Fish Control Chemical in Waters of the Commonwealth, which PFBC and DEP review.

  PFBC, "Pond Management" (FAQ) [17]
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  Chemical control of algae requires a Permit For Use of an Algicide, Herbicide or Fish Control Chemical in Waters of the Commonwealth. ... This permit is reviewed by the Fish and Boat Commission and Department of Environmental Protection. ... You may be able to build a pond on your property if you first determine what permits may be required. It is possible that a Waterways Obstruction and Encroachment Permit may be needed. Contact your County Conservation District as the first stop. ... A second contact is the regional office for your area of the Department of Environmental Protection

  Open Pennsylvania Fish and Boat Commission (pa.gov) (opens in a new tab)

When PNDI review applies

Under Chapter 102, if DEP or the conservation district determines, based on Pennsylvania Natural Heritage Program data or other sources, that the earth disturbance may adversely impact a State or Federal threatened or endangered species on the project site or its critical habitat, the person proposing the work must consult with DEP or the conservation district to avoid or prevent the impact. If the impact cannot be avoided or prevented, that person must demonstrate how it will be minimized in accordance with State and Federal laws protecting threatened or endangered species and their habitat. [1]

DEP's PNDI Policy (effective May 25, 2013), which is guidance rather than a regulation, makes PNDI the primary source of information DEP uses in permit review to protect threatened and endangered species, and special concern species where applicable; it applies to applicable DEP permits and to conservation district staff doing delegated work for DEP. Under the policy, protecting special concern species is a legal requirement only in certain DEP permitting programs, including Chapter 105. In those programs the jurisdictional agency may ask the applicant to survey for special concern species, and DEP has sole discretion over whether a survey is conducted and its scope. [18]

The policy exempts from the PNDI search requirement permit renewals with no significant changes, applications to modify the operation and management of existing facilities that involve no new activities with potential species impacts, emergency undertakings and emergency response actions, although follow-up permits after an emergency may not be exempt. [18]

For projects not located in wetlands, DEP will not approve a Chapter 105 project in an area that serves as habitat of a threatened or endangered species protected by the federal Endangered Species Act or designated under state law, including the Fish and Boat Code and the Game and Wildlife Code, unless the applicant demonstrates, and DEP finds, that it will not have an adverse impact on public natural resources. A wetland that serves as habitat for a species listed as threatened or endangered under the federal Endangered Species Act, the Wild Resource Conservation Act, the Fish and Boat Code or the Game and Wildlife Code is an "exceptional value" wetland, as are wetlands hydrologically connected to it or within 1/2 mile of it that maintain that species' habitat. [23][24]

• RequirementIf the impact on a threatened or endangered species cannot be avoided or prevented, the person proposing the earth disturbance must demonstrate how the impacts will be minimized in accordance with State and Federal laws protecting threatened or endangered flora and fauna and their habitat.

  Applies when: Chapter 102 permit applicants whose PNHP consultation shows a possible adverse impact. 25 Pa. Code § 102.6(a)(2) [1]
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  If the impact cannot be avoided or prevented, the person proposing the activity shall demonstrate how the impacts will be minimized in accordance with State and Federal laws pertaining to the protection of threatened or endangered flora and fauna and their habitat.

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

• RequirementDEP's dam permit application checklist (item 6) calls for the completed and approved PNDI results to be provided, along with comment forms from resource agencies if applicable. The instructions add that in applicable counties a bog turtle screening form is not required; the applicant can use PNDI.

  Applies when: Applications for a Chapter 105 dam permit (jurisdictional dams). DEP, Instructions for Completing Dam Permit Application (3140-PM-BWEW0001, Rev. 6/2018), checklist item 6 [5]
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  Completed and approved PNDI: Results of the ... completed PNDI (Pennsylvania Natural Diversity ... Inventory) Project Planning Environmental Review form, ... along with comment forms from resource agencies if ... applicable, should be provided. ... In applicable counties, a bog turtle screening form is not ... required. The applicant can use PNDI.

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

• AgencyDEP's PNDI Policy (DEP 021-0200-001, effective May 25, 2013) makes the Pennsylvania Natural Diversity Inventory the primary source of information DEP uses during permit review to protect threatened and endangered species (and special concern species where applicable). It applies to applicable DEP permits and authorizations and to county conservation district staff performing delegated duties for DEP. The policy is guidance, not a regulation.

  DEP, PNDI Policy 021-0200-001 (eff. May 25, 2013), cover page [18]
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  PNDI is the primary source of information utilized by DEP during the permit review process for the protection of threatened and endangered species, and special concern species where applicable. ... This policy applies to applicable DEP permits and authorizations. It also applies to County Health Departments and County Conservation District permit review staff when conducting delegated duties on behalf of DEP. ... The policies and procedures herein are not an adjudication or a regulation.

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

• RequirementProtection of "special concern species" (species not listed as threatened or endangered but flagged as at risk on a PNDI receipt) is a legal requirement only in certain DEP programs, including Chapter 105 (dams, obstructions and encroachments); in those programs the jurisdictional agency may ask the applicant to survey for special concern species, and DEP has sole discretion over whether a survey is conducted and its scope.

  DEP, PNDI Policy 021-0200-001, § 1 (definition of "Special Concern Species") and § 3.G [18]
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  Special Concern Species: Plant and animal species that are not listed as threatened or endangered by a jurisdictional agency, but are identified on a PNDI Receipt as an at risk species. ... is a legal requirement only under certain permitting programs: 1. Chapter 105: Dams, Obstructions and Encroachments. ... the jurisdictional agency may request the applicant to perform a survey for special concern species ... DEP retains the sole discretion on whether a survey should be conducted as a part of the permit technical review and scope of any such survey.

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

• ExemptionThe PNDI Policy exempts from the PNDI search requirement: applications to modify operation and management of existing facilities that do not involve new activities with potential species impacts; permit renewals with no significant changes; emergency undertakings; and emergency response actions, including emergency permits (follow-up permits after an emergency may not be exempt).

  DEP, PNDI Policy 021-0200-001, § 3.I [18]
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  Applications for modifications to the operation and management of existing facilities that do not involve new activities having potential impacts to T&E Species, or Special Concern Species where applicable, ... Applications for permit renewals with no significant changes to previously authorized activities, ... Emergency undertakings, and ... Emergency response actions, including the issuance of emergency permits. ... Some emergencies may require follow-up permits, which may not be exempt from PNDI coordination.

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

• RequirementOutside wetlands, DEP will not approve a Chapter 105 permit for a project located within an area that serves as habitat of a threatened or endangered species (protected by the federal Endangered Species Act or designated under state law, including the Fish and Boat Code and the Game and Wildlife Code) unless the applicant demonstrates, and DEP finds, that the project will not have an adverse impact on the public natural resources.

  Applies when: Dams, water obstructions and encroachments not located in wetlands (§ 105.16(e) sends wetland projects to §§ 105.17-105.20). 25 Pa. Code § 105.16(c)(3), (e) [23]
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  will not be approved by the Department in the following areas unless the applicant demonstrates and the Department finds that the project will not have an adverse impact upon the public natural resources: ... A project located within an area which serves as a habitat of a threatened or endangered species protected by the Endangered Species Act of 1973 ... 30 Pa.C.S. (relating to the Fish and Boat Code) or 34 Pa.C.S. (relating to the Game and Wildlife Code). ... This section does not apply to dams, water obstructions or encroachments located in, along, across or projecting into wetlands.

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

• DefinitionA wetland that serves as habitat for fauna or flora listed as threatened or endangered under the federal Endangered Species Act, the Wild Resource Conservation Act, the Fish and Boat Code or the Game and Wildlife Code is an "exceptional value" wetland, as are wetlands hydrologically connected to, or within 1/2 mile of, such a wetland that maintain the habitat of the species in it.

  25 Pa. Code § 105.17(1)(i)-(ii) [24]
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  (i) Wetlands which serve as habitat for fauna or flora listed as ‘‘threatened’’ or ‘‘endangered’’ under the Endangered Species Act of 1973 ... the Wild Resource Conservation Act (32 P. S. § § 5301—5314), 30 Pa.C.S. (relating to the Fish and Boat Code) or 34 Pa.C.S. (relating to the Game and Wildlife Code). ... (ii) Wetlands that are hydrologically connected to or located within 1/2-mile of wetlands identified under subparagraph (i) and that maintain the habitat of the threatened or endangered species within the wetland identified under subparagraph (i).

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

Getting a PNDI receipt

DCNR released the PA Conservation Explorer on March 21, 2016, replacing the PNDI Environmental Review tool, and DEP announced it would no longer run PNDI searches on behalf of applicants. The Pennsylvania Natural Heritage Program, a partnership of DCNR, the Fish and Boat Commission, the Game Commission and the Western Pennsylvania Conservancy in cooperation with the U.S. Fish and Wildlife Service, points users to the Conservation Explorer for PNDI environmental review. [7][25]

Conservation planning information can be viewed without an account, but viewing threatened, endangered and special concern species habitats or obtaining a PNDI receipt requires registration and login, and a Conservation Planning report does not substitute for a PNDI receipt or the agency consultation needed for an environmental permit. The $40 charge is per project, not per receipt: the footprint can be modified without another charge, but changing the project type requires a new project review and another $40. [26]

DEP's PNDI Policy defines the project area for a PNDI search as the entire site, not just the regulated feature, including any new access roads and utility lines built as part of the project. Projects should be drawn as polygons whenever possible, with a point used only when the disturbance will be less than five acres. [18]

Under the PNDI Policy, DCNR is responsible for native wild plants (and manages the PNDI database), the Fish and Boat Commission for fish, reptiles, amphibians and aquatic organisms, the Game Commission for wild birds and mammals, and the U.S. Fish and Wildlife Service for federally listed, proposed and candidate species, a responsibility it shares with the appropriate state agency. The Conservation Explorer's receipt explanation says a "No Known Impact" result means no further coordination with that agency is required within two years of the receipt date unless project plans change. [8][18]

PNDI contains only known occurrences, so the absence of a record does not mean threatened, endangered or special concern species are absent, and recent field observations not yet in the database may trigger the regulatory requirements even when the screening shows no Potential Impact. For the free manual route, DEP's instructions say the PNDI review is not complete unless receipts from all four jurisdictional agencies are included with the application. [4][18]

• StatusOn March 21, 2016, DCNR released the PA Conservation Explorer, which replaced the PNDI Environmental Review tool. Because of the new convenience charge, DEP announced it would no longer run PNDI searches on behalf of applicants; references in DEP's PNDI Policy to the "PNDI tool" or "ER Tool" are to be read as the PA Conservation Explorer, and the Large Project Form was replaced by the "manual project submission" process.

  46 Pa.B. 1953 (Apr. 16, 2016), DEP notice "Changes to Permit Review Process of PNDI Receipts" [7]
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  On March 21, 2016, DCNR released PA Conservation Explorer, which replaced the Pennsylvania Natural Diversity Inventory (PNDI) Environmental Review tool. ... the Department will no longer be able to perform the PNDI online search on behalf of applicants and this section of the policy is no longer applicable. ... These references should now be read to refer to the ''PA Conservation Explorer'' tool. Additionally, through the PA Conservation Explorer tool, the Large Program Form/PNDI Form (Appendix B) of the Department's policy is no longer in use.

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

• AgencyThe Pennsylvania Natural Heritage Program (PNHP) is a partnership of DCNR, the Fish and Boat Commission, the Game Commission and the Western Pennsylvania Conservancy, in cooperation with the U.S. Fish and Wildlife Service. Its Conservation Explorer is used for conservation planning and for PNDI environmental review.

  PNHP home page (naturalheritage.dcnr.pa.gov) [25]
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  The Pennsylvania Natural Heritage Program (PNHP) is a partnership between the Pennsylvania Department of Conservation and Natural Resources (DCNR), the Pennsylvania Fish and Boat Commission (PFBC), the Pennsylvania Game Commission (PGC), and the Western Pennsylvania Conservancy (WPC) in cooperation with the U.S. Fish and Wildlife Service. ... Visit the Conservation Explorer for conservation planning purposes and Pennsylvania Natural Diversity Inventory (PNDI) environmental review.

  Open Pennsylvania Department of Conservation and Natural Resources (opens in a new tab)

• AgencyThe PNDI Policy's agency contact list divides responsibility by species group: DCNR manages the Commonwealth's native wild plants and the PNDI database and maintains location information on terrestrial invertebrates, significant natural communities and geologic features; the Fish and Boat Commission manages fish, reptiles, amphibians and aquatic organisms; the Game Commission manages wild birds and mammals; and the U.S. Fish and Wildlife Service is responsible for federally listed, proposed and candidate species, a responsibility shared with the appropriate state agency.

  DEP, PNDI Policy 021-0200-001, Appendix D [18]
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  DCNR has responsibility for managing the Commonwealth’s native wild plants, as well as overall management of PNDI database/operations. DCNR also maintains locational information of terrestrial invertebrates, significant natural communities and geologic features. ... The PFBC is responsible for the management of fish, reptiles, amphibians and aquatic organisms. ... The PGC has the responsibility for managing the state’s wild birds and mammals. ... The USFWS is responsible for federally listed, proposed and candidate species ... this responsibility is shared with the appropriate state agency.

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

• ProcessViewing Conservation Planning information in the PA Conservation Explorer does not require an account, but registration and login are required to view endangered, threatened and special concern species habitats or to obtain a PNDI Receipt. A Conservation Planning report does not substitute for a PNDI Environmental Review receipt or agency consultation needed for an environmental permit.

  PA Conservation Explorer FAQ ("General Q's") [26]
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  Account registration and login with the Explorer is not required to view Conservation Planning information. However, if you would like to view endangered, threatened and special concern species habitats and/or obtain a PNDI Receipt, registration and login is required. ... A Conservation Planning report does not substitute the need for a PNDI Environmental Review receipt and/or consultation with agencies needed for an environmental permit

  Open Pennsylvania Department of Conservation and Natural Resources (PNHP) (opens in a new tab)

• DefinitionA PNDI Project Environmental Review Receipt reports results for four jurisdictional agencies (DCNR, the Game Commission, the Fish and Boat Commission and the U.S. Fish and Wildlife Service), each of which can be "No Known Impact," "Potential Impact," "Avoidance Measure" or "Conservation Measures." With "No Known Impact," no further coordination with that agency is required within two years of the receipt date unless project plans change. The receipt is printed and sent to DEP for permit applications.

  PA Conservation Explorer, "Receipt Explanation" [8]
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  The PNDI Project Environmental Review Receipt lists the search results for the four jurisdictional agencies: PA Department of Conservation and Natural Resources, PA Game Commission, PA Fish and Boat Commission, and the U.S. Fish and Wildlife Service. There are four possible results for each agency: No Known Impact, Potential Impact, Avoidance Measure or Conservation Measures. ... No further coordination is required with PNDI jurisdictional agency within two years of the Receipt date unless project plans change. ... Print the receipt and send it to DEP for permit applications

  Open Pennsylvania Department of Conservation and Natural Resources (PNHP) (opens in a new tab)

• FeeThe $40 Conservation Explorer charge is per project, not per receipt: the project footprint can be modified without another charge, but changing the project type requires a new project review and another $40. Receipts are valid for 2 years unless the project footprint or project type changes, and PNDI species data are updated quarterly.

  PA Conservation Explorer FAQ ("Environmental Review Q's") [26]
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  A user is able to modify the footprint of the project without being charged an additional $40. The convenience charge is per project, not per receipt. ... If a project type needs to be changed, the user will need to perform another project review, and an additional $40 charge will be applied. ... Receipts are valid for 2 years unless the project footprint or the project type changes. ... Data is updated quarterly.

  Open Pennsylvania Department of Conservation and Natural Resources (PNHP) (opens in a new tab)

• ProcessDEP's instructions state that PNDI reviews can still be obtained free of charge, for users without access to a computer, by requesting a project review directly from each of the four jurisdictional agencies (DCNR, the Pennsylvania Game Commission, the Pennsylvania Fish and Boat Commission, and the U.S. Fish and Wildlife Service) instead of using the PA Conservation Explorer; in that case the PNDI review is not complete unless receipts from all four agencies are included with the application.

  DEP, Joint Permit Application Instructions (3150-PM-BWEW0036, Rev. 10/2025), checklist item e [4]
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  PNDI reviews can still be obtained free-of-charge for users without access to a computer using the standard process of requesting a project review directly from each jurisdictional agency—PA Department of Conservation and Natural Resources (DCNR), PA Game Commission (PGC), PA Fish and Boat Commission (PFBC) and the U.S. Fish and Wildlife Service (US FWS) ... The PNDI review is not complete or satisfied unless PNDI Receipts are included from all four jurisdictional

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

• ProcessFor a PNDI search the "project area" is the entire site, not just the regulated feature (for example, a whole 200-acre subdivision even if the permit is only for a stream crossing), including any new access roads and utility lines. Projects should be drawn as polygons whenever possible; points should be used only when the disturbance will be less than five acres.

  DEP, PNDI Policy 021-0200-001, Appendix A [18]
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  For purposes of PNDI searches, the Project Area is the entire site in question. If there is a 200-acre subdivision, but the permit application is for a stream crossing only—the entire 200-acre subdivision is the Project Area. ... If new access roads, utility lines, etc., will be constructed as part of the project they must be included in the total project disturbance area. ... Points: Should only use when the area of disturbance will be less than five acres ... Polygons: Use polygons whenever possible.

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

• RequirementPNDI contains only known occurrences, so the absence of a record does not mean no threatened, endangered or special concern species are present; recent field observations not yet in the database can trigger the legal protections even when the PNDI screening shows no Potential Impact.

  DEP, PNDI Policy 021-0200-001, §§ 2 and 3.E [18]
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  The PNDI system contains only those known occurrences of T&E Species, special concern species and rare and significant ecological features. Therefore, the absence of a record in the PNDI system does not mean that there are not threatened or endangered, or special concern species ... Such evidence of the presence of T&E Species may trigger the regulatory requirements under the statutes and regulations identified in Appendix E, even in the absence of a Potential Impact identified by the PNDI screening.

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

Resolving PNDI results, and timing with your permit

If a receipt lists Avoidance Measures, the PNDI review is not complete until the applicant signs that they can and will fulfill them, which commits the applicant to carrying them out; if the applicant cannot or chooses not to meet them, the project is treated as a Potential Impact and a clearance or recommendation letter from the agency is required for DEP permit applications. Conservation Measures are recommended but not required, although in programs such as Chapter 105 DEP may make them permit conditions. [8][18]

Under DEP's PNDI Policy, when a Potential Impact is resolved, the agency issues a clearance letter, which may contain avoidance, minimization or mitigation measures and must be submitted to DEP. If the information provided does not show there will be no impact, an agency may recommend a field review or survey; DEP, after consulting the applicant and the agency, makes the final decision on whether one is needed and its scope, and DEP alone decides whether to require avoidance, minimization or mitigation and whether to approve or deny the permit. [18]

Fish and Boat Commission regulations require surveys for endangered or threatened species or their habitat done in connection with an application for a proposed development activity to be performed by a surveyor the Commission has qualified. [19]

DEP's Joint Permit Application instructions describe two review paths for Chapter 105 applicants. Under sequential review the applicant completes all agency coordination before applying; an application filed before that coordination is complete is handled under concurrent review. Under concurrent review DEP's technical review proceeds while the applicant consults the agencies, but the project may need to be redesigned as a result of the PNDI consultation, and any substantive project or design change requires a new application and fee. [4]

For construction stormwater, DEP's PAG-01 instructions require a PNDI receipt with the Notice of Intent that is not a draft, is up to date and is not scheduled to expire before construction is expected to start; they say concurrent review is not applicable to PAG-01 and that clearance applies to threatened and endangered species only, not species of special concern. An individual NPDES permit may be reviewed concurrently, but DEP or the conservation district will not issue it until required clearance letters are submitted. [10][11]

Under the PNDI Policy a receipt is valid for two years from the screening or two years from a clearance letter or other resolution of a Potential Impact, whichever is later, and only for the specific project and location screened; if the permit application is submitted or DEP's decision comes more than two years after the later date, a new screening is required. DEP's Joint Permit Application and Environmental Assessment Form instructions describe the receipt as valid for two years from the date the search was conducted. DEP's individual NPDES instructions say an applicant may be required to submit a new receipt if a state or federal agency lists a new threatened or endangered species during review. [3][4][11][18]

• ProcessIf a receipt lists Avoidance Measures, the PNDI review is not complete until the applicant signs that they can and will fulfill them; if they cannot or choose not to, the project is treated as a Potential Impact and a clearance or recommendation letter from the agency is required for DEP applications. Conservation Measures are strongly recommended by the agencies but are not required.

  PA Conservation Explorer, "Receipt Explanation" (Avoidance Measure; Conservation Measure) [8]
  Show the source text

  If the Receipt lists Avoidance Measures, the PNDI review is not complete or satisfied until the applicant has signed indicating they can and will fulfill the Avoidance Measures ... If an Avoidance Measure cannot be met or if the applicant chooses not to fulfill it, the project is treated as a “Potential Impact” ... a clearance or recommendation letter will be required from the jurisdictional agency/agencies indicated, along with the PNDI Receipt, for submission with DEP permit applications. ... Conservation Measures are strongly recommended by the Jurisdictional Agencies but are not required.

  Open Pennsylvania Department of Conservation and Natural Resources (PNHP) (opens in a new tab)

• ProcessOnce Potential Impacts are resolved, the jurisdictional agency issues a Clearance Letter, which may include measures to avoid, minimize or mitigate impacts and must be submitted to DEP. By initialing Avoidance Measures on the receipt, the applicant agrees to implement them. Conservation Measures are encouraged but discretionary, except that DEP may make them permit conditions in programs such as Chapter 105.

  DEP, PNDI Policy 021-0200-001, § 3.J [18]
  Show the source text

  the agency(ies) will issue a “Clearance Letter.” ... Clearance Letters may contain measures to avoid, minimize or mitigate impacts ... The Clearance Letter must be submitted to DEP as part of the permit review process. ... By initialing the measures, the applicant agrees to implement them ... Conservation Measures are encouraged to be followed in their entirety and may be pursued at the discretion of the project applicant. In addition, for the permits under the programs in Section 3.G, DEP retains the discretion to include the conservation measures as a condition in the permit.

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

• ProcessUnder DEP's sequential review option the applicant runs the PNDI search and completes all agency coordination before applying: a "No Known Impact" receipt is submitted as a signed copy; a receipt with "Avoidance Measures" is not complete unless the applicant signs it where required (an applicant who cannot or will not meet the measures follows the Potential Impact process); and a "Potential Impact" receipt must be submitted with the additional information the receipt requests and proof of delivery to the jurisdictional agencies. If that coordination is not complete when the application is filed, the application is handled under concurrent review.

  DEP, Joint Permit Application Instructions (3150-PM-BWEW0036, Rev. 10/2025), checklist item e (Sequential Review) [4]
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  The applicant runs the PNDI search and completes all coordination with the appropriate jurisdictional agencies prior to submitting the permit application/registration. ... “No Known Impact”, please provide a copy of the signed PNDI Receipt. ... not complete or satisfied unless the applicant has signed ... must follow the same process for PNDI Receipts showing “Potential Impact” ... AND the additional information outlined in the PNDI Receipt along with proof of delivery to the appropriate jurisdictional agency(ies) ... will be subject to the concurrent review process

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

• ProcessUnder DEP's concurrent review option DEP's technical review proceeds while the applicant consults the jurisdictional agencies, but the permit may not be issued or acknowledged until each potential impact is resolved, the project may need to be redesigned as a result of the PNDI consultation, and any substantive project or design change requires a new application and fee.

  DEP, Joint Permit Application Instructions (3150-PM-BWEW0036, Rev. 10/2025), checklist item e (Concurrent Review) [4]
  Show the source text

  DEP will allow technical review of the permit to occur concurrently with the T&E species or species of special concern consultation with the jurisdictional agency(ies). ... The permit may not be issued/acknowledged until each potential impact is resolved. ... The proposed activity subject to the permit application/registration may need to be redesigned as a result of the PNDI consultation (PNDI Policy pages 7-8). Note: Any substantive project or design changes to the application will require a new application and fee to be submitted.

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

• ProcessFor PAG-01, DEP or the county conservation district will notify an applicant that has not submitted the PNDI receipt (and, where applicable, acknowledged avoidance measures or provided clearance letters) that the NOI is incomplete; concurrent review is not available under PAG-01. DEP notes that clearance applies to threatened and endangered species only, not species of special concern.

  DEP, PAG-01 NOI Instructions (3800-PM-BCW0404a, Rev. 3/2025), "PNDI Receipt" [10]
  Show the source text

  DEP or CCD will notify any applicant that has not submitted the PNDI receipt and, where applicable, has not acknowledged avoidance measures or provided clearance letters, that the NOI is incomplete (concurrent review is not applicable to PAG-01). It is noted that clearance applies to threatened and endangered species only (i.e., not species of special concern).

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

• ProcessFor an individual NPDES construction stormwater permit, DEP recommends finishing the PNDI process before applying but allows concurrent review: the applicant may submit the PNDI receipt with the application and obtain any clearance letters during the review period, but DEP or the conservation district will not issue the permit until required clearance letters are submitted. A final (not draft) receipt is required.

  DEP, Individual NPDES Permit (Construction Stormwater) Application Instructions (3800-PM-BCW0408a, Rev. 7/2026), "PNDI Receipt" [11]
  Show the source text

  to generate a final PNDI receipt (draft receipts are not acceptable). ... However, DEP allows for a concurrent review. Under the concurrent review process, the applicant may submit the PNDI receipt with the application and then, if necessary, work on obtaining clearance letters from jurisdictional agencies identified in the PNDI receipt during the review period. DEP/CCD will not, however, issue an individual permit until the clearance letter(s), if applicable, are submitted

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

• TimelineA PNDI receipt is valid for two years from the screening, or two years from a clearance letter or other resolution of a Potential Impact, whichever is later; if the permit application is submitted or DEP's permit decision comes more than two years after the later of those dates, a new screening is required. The screening is valid only for the specific location and project for which it was run. The policy says it is important that the receipt details closely match the project type, size and location in the permit application, and if the receipt information is inconsistent with other project information the online screening must be re-run.

  DEP, PNDI Policy 021-0200-001, § 3.E [18]
  Show the source text

  It is important that the details on the PNDI Receipt closely match the project type, size, and location ... If the PNDI Receipt information is inconsistent ... the online PNDI screening must be re-run ... PNDI Receipts are valid for two years from the date of the screening or two years from the issuance of a clearance letter ... (whichever is later). If a permit application is submitted or a DEP permit decision is rendered more than two years after the later ... then a new PNDI screening is required. ... valid only for the specific location and project

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

• ProcessA jurisdictional agency may recommend a field review or survey when the information provided does not show there will be no impact; an applicant who objects should first try to resolve it with the agency and then contact DEP, which decides the need for and scope of any survey. DEP has sole final authority to require avoidance, minimization or mitigation and to approve or deny the permit.

  DEP, PNDI Policy 021-0200-001, § 3.F [18]
  Show the source text

  If the jurisdictional agency determines that the information provided is not sufficient to show that there will be no impact on the species, a field review/survey may be recommended to determine any potential impacts. ... DEP, after consultation with the applicant and the jurisdictional agency, will make the final decision on the need for and scope of a field review/survey. ... and/or (3) approve or deny any permit application rests solely with DEP.

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

Drawing down or breaching a pond that holds fish

Fish and Boat Commission regulations require a Commission permit for drawing down impounded waters inhabited by fish and for destroying, removing, breaching or disturbing a dam, deflector, retard or similar device in waters inhabited by fish, and DEP's Chapter 105 rules say impounded waters inhabited by fish may not be drawn down except with the Commission's written approval. [13][27]

The Fish and Boat Code itself bars drawing off dam waters inhabited by fish without first applying for the Commission's written permission. It also bars destroying, removing, breaching or disturbing a dam or similar device that was placed in such waters with the adjacent landowner's permission, except with the Commission's written permission first obtained. The Code defines "fish" to include amphibians, reptiles and aquatic organisms. [12][21]

Commission regulations provide a general permit, with no individual application, for drawdowns where the water area drawn down is 1 acre or less and the drawdown needs no other State permit, such as an erosion and sedimentation control permit or a Dams and Waterways Management permit. The Commission's drawdown permit page says the permit is required for water bodies with a surface area greater than one acre and for water bodies of any size that need another state permit; it has no fee, the application is due at least 30 days before the drawdown, and DEP's Division of Dam Safety and the Commission review it jointly. [13][22]

A drawdown permit does not waive other State, local or Federal permits. The permittee is solely responsible for the consequences, must allow a Commission-set minimum flow in the natural stream, and, unless the purpose is to remove or eliminate the impoundment, must refill it when the permit expires or the work is completed, whichever comes first. [13]

The drawdown application's DEP Supplement (Section E) must be completed when the drawdown's purpose includes dam, spillway or outfall structure repair or modification, dredging, pond elimination and backfill, bulkheads, retaining walls or other shoreline structures, beach renovation, or dock construction or maintenance, and the form notes that many drawdown-related activities require separate DEP and/or U.S. Army Corps of Engineers approvals before they begin. [28]

For maintenance dredging of an artificial pond behind a non-jurisdictional dam, DEP says the 25 Pa. Code § 105.12(a)(14) waiver of the Water Obstruction and Encroachment Permit applies only if the work stays within the impoundment's original storage capacity and removes only accumulated sediment, and only where the contributory drainage area is 100 acres or less, the greatest water depth at maximum storage elevation is 15 feet or less and the impounding capacity at maximum storage elevation is 50 acre-feet or less. DEP notes that the Commission may require a drawdown permit and advises running a PNDI search before any work to see whether impacts to species of special concern are anticipated. [29]

The Commission cautions that if a pond is drawn down after turtles, frogs and salamanders have begun hibernating in the mud and that mud is exposed, the hibernating animals will likely be killed. [22]

• RequirementA Fish and Boat Commission permit is required for (1) drawing down impounded waters inhabited by fish and (2) destroying, removing, breaching or disturbing a dam, deflector, retard or similar device in waters inhabited by fish. The completed application must be submitted no later than 30 days before drawdown begins, and it is reviewed by both the PFBC Division of Environmental Services and DEP.

  58 Pa. Code §§ 51.81, 51.82(b), 51.84 [13]
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  A permit from the Commission is required under section 3506 of the code ... for the following activities: (1) Drawing down impounded waters inhabited by fish. (2) Destruction, removal, breach or disturbance of a dam, deflector, retard or similar device in waters inhabited by fish. ... no later than 30 days prior to proposed commencement of draw down operations. ... A permit application will be reviewed by the Commission’s Division of Environmental Services and by the Department of Environmental Protection

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

• RequirementDams, deflectors, retards or similar devices placed across or in waters inhabited by fish (with the adjacent landowner's permission) may not be destroyed, removed, breached or disturbed without written permission first obtained from the Fish and Boat Commission; violation is a summary offense of the first degree.

  Applies when: Removing, breaching or modifying an existing pond dam in waters inhabited by fish. 30 Pa.C.S. § 3506(b) [12]
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  Dams, deflectors, retards or similar devices placed across or in any waters inhabited by fish, with permission of the owner or owners of the land adjacent thereto or through which those waters flow, shall not be destroyed, removed, breached or disturbed, except by written permission first obtained from the commission.

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• RequirementDEP's dam regulations repeat the rule: impounded waters inhabited by fish may not be drawn down except with the written approval of the Fish and Boat Commission under 30 Pa.C.S. § 3506.

  25 Pa. Code § 105.122 [27]
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  Impounded waters which are inhabited by fish may not be drawn down except with the written approval of the Fish and Boat Commission under 30 Pa.C.S. § 3506 (relating to drawing off or interference with dams or devices).

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

• ProcessPFBC describes the Permit to Draw Off Water From Impoundments as jointly reviewed by DEP's Division of Dam Safety (structural and safety issues) and PFBC (environmental and recreational impacts in the impoundment and downstream). It has no fee, and it is required for water bodies larger than one acre in surface area and for water bodies of any size that need another state permit. The application is due at least 30 days before the drawdown.

  PFBC, "Apply to Draw Off Water from Impoundments" (pa.gov service page) [22]
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  It is a permit jointly reviewed by the Department of Environmental Protection - Division of Dam Safety, which looks at structural and safety issues, and the Fish and Boat Commission, which reviews environmental and recreational impacts in the impoundment and downstream. The permit has no fee associated with it. Draw down permits are required for: Water bodies with a surface area that is greater than one acre; and Water bodies of any size that require another state permit ... A draw down permit application is to be submitted at least 30 days before a draw down event is to occur.

  Open Pennsylvania Fish and Boat Commission (pa.gov) (opens in a new tab)

• RequirementA drawdown permit does not waive other State, local or Federal permits. The permittee is solely responsible for the consequences of the drawdown, must maintain a Commission-determined minimum flow in the natural stream to protect fish downstream, and (unless the purpose is to eliminate the impoundment) must refill the impoundment when the permit expires or the work is done, whichever is first.

  58 Pa. Code §§ 51.83, 51.86, 51.87 [13]
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  does not constitute a waiver of the requirement for applicants to obtain other State, local or Federal permits for the proposed activity. ... A permittee is solely responsible for the consequences of drawing down the impounded waters. ... A permittee is responsible to allow a minimum flow of water determined by the Commission to be sufficient at all times to flow in a natural stream ... Except when the purpose of the permitted draw down is to remove or eliminate the impoundment, the permittee shall refill the impoundment when the permit expires or the work is completed, whichever occurs first.

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

• ProcessA DEP Supplement (Section E) must be completed with the drawdown application when the purpose includes any of items 1-7: dam or spillway repairs; dam, spillway or outfall structure repair/modification; dredging; pond elimination and backfill; bulkheads, retaining walls or other shoreline structures; beach renovation; or dock construction or maintenance. The form explains that many drawdown-related activities require separate DEP and/or U.S. Army Corps of Engineers approvals before they begin.

  PFBC, Application to Draw Off Water from Impoundments (Updated March 2026), Sections D-E [28]
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  Complete Section E. DEP Supplement if project purpose includes any of items 1 through 7. ... 1. Dam or spillway repairs ... 5. Construction or maintenance of bulkhead, retaining wall, or other ... 2. Dam, spillway, or outfall structure repair/modification ... 3. Dredging ... 6. Beach renovation ... 4. Pond elimination and backfill ... 7. Dock construction or maintenance ... Many activities related to reservoir draw downs require separate DEP and/or U.S. Army Corps of Engineers approval(s) ... prior to beginning the activity(s).

  Open Pennsylvania Fish and Boat Commission (opens in a new tab)

• ProcessFor an artificial pond with a non-jurisdictional dam, DEP says 25 Pa. Code § 105.12(a)(14) waives the Water Obstruction and Encroachment Permit for maintenance dredging only if the work is limited to the impoundment's original storage capacity and only accumulated sediment is removed, and only when the contributory drainage area is 100 acres or less, the greatest depth of water at maximum storage elevation is 15 feet or less, and the impounding capacity at maximum storage elevation is 50 acre-feet or less. DEP notes that the Fish and Boat Commission may require a drawdown permit and advises running a PNDI search before any work to determine whether impacts to species of special concern are anticipated.

  Applies when: Sediment removal from existing ponds impounded by non-jurisdictional dams that meet the § 105.12(a)(14) size limits. DEP, "Introduction to Ponds and Chapter 105" (Common Pond Maintenance Activities - Artificial Ponds with Non-Jurisdictional Dams; FAQ) [29]
  Show the source text

  105.12(a)(14) ... provides for waiver of Water Obstruction and Encroachment Permit requirements ... if this maintenance is limited to the impoundment’s original storage capacity and only accumulated sediment is removed. This waiver only applies when: The contributory drainage area is less than or equal to 100 acres. ... greatest depth of water ... is less than or equal to 15 feet. ... impounding capacity ... is less than or equal to 50- acre feet. ... Fish and Boat Commission may require a Drawdown Permit. ... run a PNDI search to determine if any impacts to species of special concern

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

Fish passage, trout streams and stream habitat

Under the Fish and Boat Code, anyone erecting or maintaining a dam in Commonwealth waters must, immediately on the Commission's written order, install chutes, slopes, fishways, gates or other devices the Commission deems necessary for fish to ascend and descend at all seasons; where the Commission does not deem such devices practicable or advisable, it may instead agree with the dam owner, lessee or operator on periodic payments. The Code also prohibits placing any device or object in Commonwealth waters in a manner that obstructs fish migration or passage, or obstructs a fishway, but the Commission may authorize such devices, with conditions, for a fee of $10 or as otherwise set by the Commission. [12]

Chapter 105's permit waiver for a dam no more than 3 feet high in a stream no more than 50 feet wide does not apply in wild trout streams designated by the Fish and Boat Commission, and if DEP, on complaint or investigation, finds that a structure eligible for a waiver has a significant effect on safety or the protection of life, health, property or the environment, it may require the owner to apply for and obtain a permit. Tributaries to wild trout streams are also classified as wild trout streams, and Commission staff will evaluate or re-evaluate a stream's classification at DEP's request in connection with permitting decisions. [30][31][32]

General Permit GP-4 (Rev. 6/2013), which covers intake and outfall structures, does not authorize them in stocked trout streams from March 1 through June 15, in wild trout streams from October 1 through December 31, or in Lake Erie tributaries from September 1 through December 1, unless approval is obtained from the Commission's Division of Environmental Services. [33]

DEP warns that water leaving a pond in summer can be as much as 8-10 degrees warmer than the stream water entering it, and a pond proponent may be required to demonstrate that this thermal influence will not adversely impact the aquatic community. Chapter 105 applications other than small projects must include a detailed analysis of potential impacts, to the extent applicable, on water quality, stream flow, fish and wildlife and aquatic habitat, among other things, and DEP's factors for determining a project's impact include its effect on those resources and its compliance with laws administered by DEP, the Fish and Boat Commission and interstate river basin commissions. [29][34][35]

Under the Fish and Boat Code, allowing any substance deleterious, destructive or poisonous to fish to run, flow, wash or be emptied into Commonwealth waters is a third-degree misdemeanor regardless of intent, and in a prosecution for pollution known to be injurious to fish the Commonwealth need not prove that any particular fish died or was harmed. [16]

• RequirementAny person erecting or maintaining a dam in waters of the Commonwealth must, immediately on written order of the Fish and Boat Commission, install chutes, slopes, fishways, gates or other devices the Commission deems necessary for fish to ascend and descend at all seasons. Where the Commission does not deem such devices practicable or advisable, it may instead agree with the dam owner, lessee or operator for periodic payments of not less than 2 1/2% per year on the estimated cost of erecting the devices, plus the estimated cost of reasonable depreciation and maintenance; where that sum would equal or exceed $25,000 per year, the annual payment is $25,000. Failing to comply with the order within three calendar months of the notice carries a civil penalty of $100 for every day of noncompliance.

  Applies when: Only upon a written order from the Fish and Boat Commission. 30 Pa.C.S. §§ 3501(a)-(b), 3504 [12]
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  Any person now or hereafter erecting or maintaining a dam in the waters of this Commonwealth shall, immediately on a written order from the commission, erect therein such chutes, slopes, fishways, gates or other devices ... to enable the fish to ascend and descend the waters at all seasons of the year. ... not less than 2 1/2% per year upon the estimated cost ... plus the estimated cost of reasonable depreciation and maintenance ... the annual payment shall be $25,000 per year. ... within three calendar months of the date of notice ... a civil penalty of $100 for every day he fails to comply.

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• RequirementNo person may place any device or object in Commonwealth waters in a manner that obstructs the migration or passage of fish or obstructs a fishway; the Fish and Boat Commission may authorize such devices, with conditions, for a fee of $10 or as otherwise set by the Commission under 30 Pa.C.S. § 322.1. Violation is a summary offense of the first degree.

  30 Pa.C.S. § 3509(a), (c) [12]
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  No person shall place any device or object in waters within this Commonwealth in a manner that obstructs the migration or passage of fish therein or obstructs any fishway but the commission may, as it deems necessary in the interest of fish management, authorize the erection of such devices and prescribe such conditions for the operation and maintenance of such devices as may be necessary for a fee of $10 or as otherwise established by the commission in accordance with section 322.1

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• ExemptionChapter 105 waives the permit requirement for a dam not exceeding 3 feet in height in a stream not exceeding 50 feet in width, but the waiver does not apply in wild trout streams designated by the Fish and Boat Commission. If DEP, upon complaint or investigation, finds that a waived structure has a significant effect upon safety or the protection of life, health, property or the environment, it may require the owner to apply for and obtain a permit.

  25 Pa. Code § 105.12(a)(1) [30]
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  If the Department upon complaint or investigation finds that a structure or activity which is eligible for a waiver, has a significant effect upon safety or the protection of life, health, property or the environment, the Department may require the owner of the structure to apply for and obtain a permit under this chapter. ... (1) A dam not exceeding 3 feet in height in a stream not exceeding 50 feet in width, except wild trout streams designated by the Fish and Boat Commission.

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

• ProcessThe Fish and Boat Commission maintains the wild trout stream list; tributaries to wild trout streams are also classified as wild trout streams. Commission staff will evaluate or re-evaluate a stream's classification at DEP's request in connection with permitting decisions; requests from others are considered as staff and resources allow.

  58 Pa. Code § 57.11(a), (b)(4), (d) [32]
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  The Fisheries Management Division will maintain the list of wild trout streams. ... Tributaries to wild trout streams are classified as wild trout streams ... The Commission staff will evaluate or re-evaluate the classification of streams as wild trout streams at the request of the Department of Environmental Protection (DEP) in connection with permitting decisions. Requests for evaluation or re-evaluation from persons or parties other than DEP will be considered for review consistent with available staff and resources

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

• RequirementGeneral Permit GP-4 (intake and outfall structures) is not authorized in stocked trout streams from March 1 through June 15, in wild trout streams from October 1 through December 31, or in Lake Erie tributaries from September 1 through December 1, unless approval is obtained from the Fish and Boat Commission's Division of Environmental Services.

  Applies when: Pond intake or outfall pipes built under GP-4 in or along trout streams or Lake Erie tributaries. DEP General Permit BWEW-GP-4 (3150-PM-BWEW0504, Rev. 6/2013), ¶ 6(g) [33]
  Show the source text

  Stocked trout streams from March 1 through June 15, wild trout streams from October 1 through December 31 and Lake Erie tributaries from September 1 through December 1 unless approval is obtained from the Fish and Boat Commission's Division of Environmental Services.

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

• RequirementDEP warns that pond discharges can have dramatic thermal impacts on receiving streams: water leaving a pond in summer can be as much as 8-10 degrees warmer than the stream water entering it, and a pond proponent may be required to demonstrate that the thermal influence will not adversely impact the aquatic community.

  Applies when: On-stream ponds or ponds that discharge to a stream. DEP, "Introduction to Ponds and Chapter 105" (Impacts to Water Resources) [29]
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  Thermal impacts to streams receiving discharges from ponds can be dramatic. The temperature of water exiting a pond in the summer can be as much as 8-10 degrees warmer than the stream water entering the pond. A proponent for building a pond may be required to demonstrate that a thermal influence will not adversely impact the aquatic community.

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

• RequirementIn reviewing a Chapter 105 permit application, DEP will use as factors in determining impact the effect of the dam, water obstruction or encroachment on the regimen and ecology of the watercourse or other body of water, water quality, stream flow, fish and wildlife and aquatic habitat, and its compliance with laws administered by DEP, the Fish and Boat Commission and river basin commissions created by interstate compact.

  25 Pa. Code § 105.14(b), (b)(4), (b)(6) [35]
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  the Department will use the following factors to make a determination of impact: ... (4) The effect of the dam, water obstruction or encroachment on regimen and ecology of the watercourse or other body of water, water quality, stream flow, fish and wildlife, aquatic habitat ... (6) Compliance by the dam, water obstruction or encroachment with applicable laws administered by the Department, the Fish and Boat Commission and river basin commissions created by interstate compact.

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

• RequirementNo person, regardless of intent, may allow any substance deleterious, destructive or poisonous to fish to run, flow, wash or be emptied into Commonwealth waters. In a prosecution for pollution known to be injurious to fish, the Commonwealth need not prove that any particular fish died or was harmed. Violation is a misdemeanor of the third degree.

  30 Pa.C.S. § 2504(a)(2), (b)-(d) [16]
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  No person, regardless of intent, shall: ... (2) Allow any substance, deleterious, destructive or poisonous to fish, to be turned into or allowed to run, flow, wash or be emptied into any waters within or bordering on this Commonwealth. (b) Evidence.--In criminal prosecutions under this section for water pollution known to be injurious to fish, it is not necessary to prove that the violation has actually caused the death of, or damage to, any particular fish. ... (d) Penalty.--Any person violating the provisions of this section commits a misdemeanor of the third degree.

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

Stocking fish and grass carp

The Fish and Boat Commission says a Notice of Stocking is needed to stock lakes, ponds (including farm ponds) and reservoirs on public and private property. The notice is free. One form is filed for each waterbody before stocking and can cover multiple stockings of that waterbody within a calendar year; a commercial fish producer, hatchery or dealer may file it on the pond owner's behalf; and an electronic or paper copy must be at the site while fish are stocked. [14][15][36]

No notice is needed for fish not on a Commission prohibited species list that are raised and sold for indoor aquaria, fee fishing operations on the same property as a propagation facility licensed under the Aquaculture Development Law, or outdoor ornamental ponds that do not discharge into Commonwealth waters; any other exception requires prior written approval from the Commission's Executive Director or designee. A pond built to provide fishing opportunity is not an "ornamental pond" under the rule, and failing to file can lead to a warning or a $150.00 citation from a Waterways Conservation Officer. [14][15]

Releasing fish brought in from another state, province or country into a Pennsylvania watershed, or moving a species into another Pennsylvania drainage where it is not always present, requires prior written Commission permission, and species from pet stores or tropical and ornamental fish dealers may not be released into Commonwealth waters. Since January 1, 2026, fish introduced into Commonwealth waters must come from sources that comply with the Commission's fish health inspection protocol. [14]

A Notice of Stocking does not authorize stocking waters that are prohibited from stocking under the Class A wild trout stream rules (58 Pa. Code § 57.8a) or § 71a.8, which bars stocking waters the Commission has designated as catch and release, wilderness trout or wild trout management waters without the express written consent of the Executive Director or designee. Stocking for a fishing derby or tournament also requires a Commission Special Activities Permit. [14][15]

Grass carp may not be propagated in Pennsylvania, and introducing them is prohibited except for triploid grass carp certified by the U.S. Fish and Wildlife Service and bought from a producer in its certification program. A pond owner or other person must obtain an $85 Commission possession/introduction permit before placing triploid grass carp in a pond or waters on property they own, lease or otherwise control, and anyone importing them into Pennsylvania needs a separate $85 importation/transportation permit. The Commission will not approve stocking triploid grass carp in waters known to be inhabited by a species listed as endangered, threatened, candidate or other special concern by a state or federal agency without that agency's prior written approval, and for waters over 5 acres in surface area it first requires an environmental inspection report from a biologist, fisheries scientist or environmental scientist acceptable to it, a report it may also require for waters of 5 acres or less. [14]

• RequirementPFBC states that a Notice of Stocking is needed for stocking lakes, ponds (including farm ponds) and reservoirs on public and private property. The notice is free, one form is filed for each waterbody before stocking (multiple stockings of one waterbody in a calendar year can go on one form), and failing to file can lead to a warning or a $150.00 citation from a Waterways Conservation Officer.

  PFBC, "Notice of Stocking" (pa.gov) [15]
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  A NOS is needed for: ... Stocking non-flowing water such as lakes, ponds (including farm ponds), or reservoirs on public and private property. ... An NOS form must be submitted for each waterbody prior to stocking. Multiple stocking events of a waterbody within a single calendar year may be documented on a single form. The Notice of Stocking form submission is free ... If you don't submit a NOS, a Waterways Conservation Officer may provide education of the requirement, request you submit a NOS to comply with the regulation, issue a warning or issue a $150.00 citation.

  Open Pennsylvania Fish and Boat Commission (pa.gov) (opens in a new tab)

• ExemptionNo Notice of Stocking is required for (A) fish not on a Commission prohibited species list that are raised and sold for indoor aquaria, (B) fee fishing operations on the same property as a propagation facility licensed under the Aquaculture Development Law, and (C) outdoor ornamental ponds not discharging into a water of the Commonwealth. Any other exception from filing requires prior written approval from the Executive Director or designee.

  58 Pa. Code § 71a.5(a)(3)(i), (c) [14]
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  (A) Fish not on a Commission prohibited species list and raised and sold for the intended uses of indoor aquaria. (B) Fee fishing operations located on the same property as a propagation facility licensed under 3 Pa.C.S. § § 4201—4223. (C) Outdoor ornamental ponds not discharging into a water of this Commonwealth. ... Exceptions from a Notice of Stocking submission will require prior written approval from the Executive Director or their designee.

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

• DefinitionFor the stocking rules, an "ornamental pond" is an outdoor pond built as an aesthetic landscape feature with a closed water circulation system and no risk of contacting surface waters of the Commonwealth; the term does not include aquaculture facilities, ponds constructed to provide fishing opportunity, or ponds used to hold or produce baitfish. A farm or recreation pond built for fishing therefore is not an "ornamental pond."

  58 Pa. Code § 71a.1(b) (definition of "ornamental pond") [14]
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  Ornamental pond—An outdoor pond constructed as an aesthetic landscape feature that has a closed system of water circulation with no risk of contacting the surface waters of this Commonwealth; this does not include aquaculture facilities, ponds constructed to provide fishing opportunity, or ponds used for the confinement or production of baitfish.

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

• RequirementSeparately from the Notice of Stocking, fish may not be brought into Pennsylvania from another state, province or country and released in a Pennsylvania watershed, or moved to another Pennsylvania drainage where the species is not always present, without prior written permission from the Commission. Species from pet stores or tropical and ornamental fish dealers may not be released into Commonwealth waters.

  58 Pa. Code § 71a.5(a)(2), (a)(3)(ii) [14]
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  species of fish may not be transported into this Commonwealth from another state, province or country and liberated in a watershed of this Commonwealth without previous written permission from the Commission, nor may a species of fish be transferred from waters in this Commonwealth into another drainage of this Commonwealth where this particular species is not always present without prior written consent from the Commission. ... Species obtained through or originating from pet stores or tropical and ornamental fish dealers may not be released into waters of this Commonwealth.

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

• RequirementFish introduced into Commonwealth waters must come from sources that comply with the Commission's Fish Health Inspection Protocol; when applicable, the person who filed the Notice of Stocking (or their agent) must have the fish health certification report and the Notice available for an officer. These fish health provisions and the protocol took effect January 1, 2026.

  58 Pa. Code § 71a.6(e)(1), (e)(3), (f) [14]
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  must originate from sources that comply with the fish health inspection process described in the Commission’s protocol. ... When applicable, persons who have filed a Notice of Stocking with the Commission or their agent shall have in their possession, and present upon the request of an officer authorized to enforce the code: ... a copy of the fish health certification report for all applicable fish being stocked as indicated in the protocol and the Notice of Stocking ... Beginning on January 1, 2026, the provisions of this section and the protocol shall be effective.

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

• RequirementA Notice of Stocking does not authorize stocking waters that are prohibited from stocking under 58 Pa. Code § 57.8a (Class A wild trout streams) and § 71a.8. Under § 71a.8 it is unlawful to introduce, place or stock fish in waters the Commission has designated as catch and release, wilderness trout or wild trout management waters except with the express written consent of the Executive Director or designee.

  58 Pa. Code §§ 71a.5(a)(4), 71a.8 [14]
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  Submission of a Notice of Stocking does not authorize individuals or organizations to stock waters that are prohibited from stocking as defined in § § 57.8a (relating to Class A wild trout streams) and 71a.8 (relating to stocking of designated waters). ... It is unlawful to introduce, place or stock fish in waters that have been designated by the Commission as catch and release, wilderness trout or wild trout management waters except with the express written consent of the Executive Director or their designee.

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

• RequirementGrass carp (diploid or triploid) may not be propagated in Pennsylvania, and introducing or importing grass carp into the Commonwealth or its waters is prohibited, except that triploid grass carp may be introduced as provided in § 71a.10. PFBC policy allows only triploid grass carp certified by the U.S. Fish and Wildlife Service and bought from a producer in the USFWS certification program.

  58 Pa. Code §§ 71a.3(b), 71a.10(a) [14]
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  It is unlawful to propagate grass carp, diploid or triploid, in this Commonwealth. (2) The introduction or importation of grass carp into this Commonwealth or waters of this Commonwealth is prohibited, except that triploid grass carp may be introduced as provided in § 71a.10 ... to permit triploid grass carp, certified by the United States Fish and Wildlife Service (USFWS) and procured from a producer participating in the USFWS certification program

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

• RequirementPFBC will not approve stocking triploid grass carp in a water body known to be inhabited by an animal or plant listed as endangered, threatened, candidate or other special concern status by a state or federal agency without prior written approval from the agency that listed the species, and will not approve stocking in wetlands under federal or state jurisdiction except in compliance with applicable federal or state regulations.

  58 Pa. Code § 71a.10(e)(1)-(2) [14]
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  The Commission will not approve the stocking or release of triploid grass carp into a water body wholly or partially in this Commonwealth that is currently known to be inhabited by a species of animal or plant currently listed as status endangered, threatened, candidate or other special concern status, by a state or Federal agency with jurisdiction for the species, without prior written approval ... The Commission will not approve stocking or release of triploid grass carp into wetlands under Federal or state jurisdiction except in compliance with applicable Federal or state regulations

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

• Size cutoffFor a triploid grass carp permit on a body of water more than 5 acres in surface area, the applicant must first submit an environmental inspection report by a biologist, fisheries scientist or environmental scientist acceptable to PFBC, certifying the preparer personally inspected the water and that stocking will have no adverse environmental impacts, and describing measures taken to prevent escape. PFBC may also require the report for waters of 5 acres or less.

  58 Pa. Code § 71a.10(e)(3)-(4) [14]
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  The Commission will not approve stocking or release of triploid grass carp into a body of water more than 5 acres in surface area until the applicant submits an environmental inspection report ... personally inspected the pond or body of water and that the stocking of triploid grass carp will have no adverse environmental impacts ... measures taken by the applicant to prevent the escape ... The Commission may require an applicant for a permit to stock triploid grass carp in a pond or body of water of 5 or less acres in surface area to submit an environmental inspection report

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

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