Township Rules, Stormwater Ordinances and PA One Call for Ponds
Whether and how a particular municipality regulates pond construction depends on its own zoning ordinance. Pennsylvania's Municipalities Planning Code (MPC) lets municipal zoning ordinances permit, prohibit, regulate, restrict and determine uses of land, watercourses and other bodies of water, subject to express limits described below, but that grant does not use the word "pond." [1]
If the pond needs a DEP permit, such as a Chapter 105 water obstruction and encroachment permit, DEP's joint permit application instructions say Section 1905-A of the Administrative Code, as amended by Act 14, requires the applicant to give written notice to each municipality and county where the permitted activity is located, and the notices must be received at least 30 days before DEP may issue or deny the permit. DEP's sample notice gives the municipality and county 30 days to send land use comments to the DEP regional office, and DEP says it will take local land use plans and ordinances into consideration when reviewing permit applications. [2]
The Storm Water Management Act (Act 167) requires any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics to implement measures, consistent with the applicable watershed stormwater plan, that are reasonably necessary to prevent injury to health, safety or other property. [3]
A landowner who digs their own pond with powered equipment and a contractor hired to dig it are both "excavators" under Pennsylvania's Underground Utility Line Protection Law, and each excavator must submit a locate request through the One Call System at least 3 and no more than 10 business days before starting work (at least 10 business days for a complex project). The only agriculture-specific exclusion in the law's definition of excavation work is tilling soil for agricultural purposes to a depth of less than 18 inches, which covers shallow tilling, not pond excavation. [4]
The One Call law says that, except as it otherwise provides, it does not amend or repeal any other law, Commonwealth regulation or local ordinance on the same subject; those remain in full force where not inconsistent with it. [4]
Key points
Official sources disagree
- Which digging needs a One Call notice, and how far ahead. The statute limits "excavation work" to the use of powered equipment or explosives, excludes, among other things, soft excavation technology and tilling soil for agricultural purposes to a depth of less than 18 inches, and requires notice at least 3 and no more than 10 business days before work begins. The Pennsylvania Public Utility Commission's (PUC's) "PA One Call - 811" page says homeowners and contractors must call 8-1-1 at least three business days before starting any digging or excavation project, and PA One Call's Homeowner FAQ says it does not matter how deep or where in Pennsylvania you dig, you must contact 811 any time you intend to dig. PA One Call's Excavator FAQ says depth does not matter when digging with powered equipment, recommends a notification any time the earth is disturbed, and repeats the statutory exclusions. For pond digging with powered equipment, the statute, the PUC page and PA One Call's FAQs all call for notice. [4][5][6][7]
- Who places the call. Section 5(23), added by Act 127 of 2024, gives the excavator (any person performing excavation or demolition work for itself or for another person) sole responsibility for each locate request and bars delegating it, but the statute still contains § 5(18), which lets an excavator working for a facility owner, a municipality or a municipal authority, if it chooses, delegate its § 5(2.1) and (2.2) notice duties to that project owner with the project owner's consent. PA One Call's Excavator FAQ says the person operating the powered equipment must call; its Homeowner FAQ says a homeowner working on their own residential property, or the excavator the homeowner hired, should notify, and advises homeowners not to call on behalf of a hired excavator. [4][6][7]
- Who must file an Alleged Violation Report (AVR). The PUC's reporting page says an AVR must be submitted when there is a suspected violation of the One Call Law, for example when excavation begins without first calling 811, and that filing requires a Pennsylvania One Call System web account. The statute gives excavators and project owners their own report duties: each must submit a report of alleged violation to the PUC through the One Call System within 30 days after striking or damaging a facility owner's line (for a project owner, including a strike by its contracted excavator), or when it believes a violation has been committed (for an excavator, one committed in connection with excavation or demolition work). [4][8]
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AgencyThe Pennsylvania Municipalities Planning Code (MPC) authorizes municipal zoning ordinances to "permit, prohibit, regulate, restrict and determine" uses of land, watercourses and other bodies of water, and the areas and dimensions of land and bodies of water to be occupied by uses and structures. The MPC does not use the word "pond" in this grant; whether and how a particular municipality regulates pond construction depends on its own zoning ordinance.
Applies when: Land in a municipality that has adopted a zoning ordinance 53 P.S. § 10603(b)(1), (3) (MPC § 603(b)(1), (3)) [1]Show the source text
may permit, prohibit, regulate, restrict and determine: (1) Uses of land, watercourses and other bodies of water. ... (3) Areas and dimensions of land and bodies of water to be occupied by uses and structures,
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RequirementUnder Section 1905-A of the Administrative Code as amended by Act 14, each applicant for a DEP permit (including a Chapter 105 water obstruction and encroachment permit) must give written notice to each municipality and county where the permitted activity is located; the notices must be received at least 30 days before DEP may issue or deny the permit, and DEP must receive copies of the Act 14 letters and proof that each municipality received them.
Applies when: Any DEP permit application, e.g., a Chapter 105 permit for a pond, dam or stream/wetland encroachment DEP Joint Permit Application Instructions, 3150-PM-BWEW0036 (Rev. 10/2025), Section F (Application Completeness Checklist) item c, and Appendix V (sample Act 14/67/68/127 letter); Administrative Code § 1905-A (Act 14) as described by DEP [2]Show the source text
DEP must receive a copy of the Act 14 notification letters to each affected municipality and proof that each municipality received the notification. ... Section 1905-A of the Commonwealth Administrative Code, as amended by Act 14, requires that each applicant for a DEP permit must give written notice to the municipality(ies) and the county(ies) in which the permitted activity is located. The written notices shall be received by the municipality(ies) and county(ies) at least 30 days before the Department may issue or deny the permit.
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ProcessDEP's sample Act 14 notice letter tells the municipality and county that comments for DEP to consider in a land use review of the project must be sent to the DEP regional office within 30 days; if no land use comments are received by the end of the comment period, DEP will assume there are no substantive land use conflicts and proceed with its normal review. DEP states it will take local land use plans and ordinances into consideration when reviewing permit applications.
DEP Joint Permit Application Instructions, 3150-PM-BWEW0036 (Rev. 10/2025), "Growing Smarter Legislation" and Appendix V; MPC §§ 619.2 and 1105 [2]Show the source text
the Department of Environmental Protection (DEP) will take into consideration local land use plans and ordinances when reviewing permit applications. ... If you wish to submit comments for DEP to consider in a land use review of this project, you must respond within 30 days to the DEP regional office listed below. If there are no land use comments received by the end of the comment period, DEP will assume that there are no substantive land use conflicts and proceed with the normal application review process.
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RequirementAny landowner and any person engaged in the alteration or development of land which may affect storm water runoff characteristics must implement measures, consistent with the applicable watershed storm water plan, that are reasonably necessary to prevent injury to health, safety or other property, including actions required (1) to assure that the maximum rate of storm water runoff is no greater after development than before, or (2) to manage the quantity, velocity and direction of resulting runoff in a manner that otherwise adequately protects health and property.
Applies when: Pond construction or other land alteration that may affect storm water runoff characteristics 32 P.S. § 680.13 (Act 167 § 13) [3]Show the source text
Any landowner and any person engaged in the alteration or development of land which may affect storm water runoff characteristics shall implement such measures consistent with the provisions of the applicable watershed storm water plan as are reasonably necessary to prevent injury to health, safety or other property. ... (1) to assure that the maximum rate of storm water runoff is no greater after development than prior to development ... (2) to manage the quantity, velocity and direction of resulting storm water runoff in a manner which otherwise adequately protects health and property
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DefinitionAn "excavator" is any person who or which performs excavation or demolition work for himself or for another person. A landowner who digs their own pond with powered equipment, and a contractor hired to dig it, both meet this definition.
Applies when: Anyone performing the excavation, whether on their own land or for someone else Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 1 (definition of "Excavator") [4]Show the source text
"Excavator" means any person who or which performs excavation or demolition work for himself or for another person.
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TimelineEach excavator must submit a locate request through the One Call System at least 3 and no more than 10 business days before beginning excavation or demolition work. Work may not begin before the lawful start date, which is on or after the third business day after notification. The day the One Call System receives the notice does not count, and a notice received on a Saturday, Sunday or holiday is processed on the following business day.
Applies when: Every excavator (landowner or contractor) before powered digging Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(2.1) [4]Show the source text
Notification shall be not less than three nor more than ten business days in advance of beginning excavation or demolition work. No work shall begin earlier than the lawful start date which shall be on or after the third business day after notification. The lawful start date shall exclude the date upon which notification was received by the One Call System and notification received on a Saturday, Sunday or holiday, which shall be processed on the following business day.
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ExemptionThe definition of excavation work excludes soft excavation technology (such as vacuum, high pressure air or water) and tilling of soil for agricultural purposes to a depth of less than 18 inches. This is the only agriculture-specific exclusion in the definition; it covers shallow tilling, not pond excavation.
Applies when: Agricultural tilling shallower than 18 inches; vacuum/air/water soft excavation Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 1 (definition of "Excavation work") [4]Show the source text
The term does not include soft excavation technology such as vacuum, high pressure air or water, tilling of soil for agricultural purposes to a depth of less than eighteen inches
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The Act does not amend or repeal any other law, Commonwealth regulation or local ordinance on the same subject; those remain in full force where not inconsistent with the Act.
Applies when: Local digging ordinances may also apply Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 6 [4]Show the source text
Except as otherwise provided in this act, this act shall not be deemed to amend or repeal any other law, Commonwealth regulation or any local ordinance enacted pursuant to law concerning the same subject matter, it being the legislative intent that any such other law or local ordinance shall have full force and effect where not inconsistent with this act.
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Township and county ordinances
Beyond the general zoning power, a zoning ordinance may create additional classifications within any district to regulate, restrict or prohibit uses and structures at, along or near natural or artificial bodies of water, boat docks and related facilities, places of relatively steep slope or grade, and flood plain areas, among other listed areas. Zoning ordinances may provide for special exceptions and variances administered by the zoning hearing board, and for conditional uses that the governing body allows or denies after a planning agency recommendation and a hearing, under express standards and criteria in the ordinance; in allowing a conditional use the governing body may attach reasonable conditions and safeguards other than ones related to off-site transportation or road improvements. [1]
Where the meaning of zoning ordinance language is in doubt, it must be interpreted in favor of the property owner and against any implied extension of the restriction. The MPC zoning grant has express limits: it does not reach regulation of mineral extraction that specified state mining and oil-and-gas laws have superseded and preempted, the subsidence impacts of coal extraction to the extent the Bituminous Mine Subsidence and Land Conservation Act regulates them, regulation of activities related to commercial agricultural production that would exceed the requirements of the Nutrient Management Act and the other agricultural statutes named in § 603(b), or regulation of other activities preempted by federal or state law. [1]
Zoning ordinances may not restrict agricultural operations, or changes to or expansions of them, in geographic areas where agriculture has traditionally been present unless the agricultural operation will have a direct adverse effect on public health and safety. The MPC defines an agricultural operation as an enterprise actively engaged in the commercial production and preparation for market of crops, livestock and livestock products, and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities; the term also includes an enterprise that changes its production practices and procedures or types of crops, livestock, livestock products or commodities consistent with practices normally engaged in by farmers or with technological development in the agricultural industry. [1]
A municipality may also regulate subdivisions and land development through a subdivision and land development ordinance (SALDO), which must require that subdivision and land development plats be submitted for approval to the governing body or a planning agency designated in the ordinance. The MPC defines "land development" in terms of buildings, the division or allocation of land or space among occupants, subdivision, and development under MPC § 503(1.1); the definition does not mention excavation or ponds. [1]
Appeals from a zoning officer's or municipal engineer's determination under a land use ordinance on erosion and sedimentation control and stormwater management go to the zoning hearing board when the development does not involve a subdivision, land development or planned residential development application, and otherwise to the governing body or, where designated, the planning agency. A person found liable in a municipal civil enforcement proceeding for violating a zoning ordinance must pay a judgment of not more than $500 plus all court costs, including the municipality's reasonable attorney fees. Each day a violation continues is a separate violation, unless the magisterial district judge finds a good-faith basis for believing there was no violation, in which case only one violation is counted until the fifth day after the judge's determination of a violation, and each day after that is again a separate violation. [1]
When a county has adopted a comprehensive plan under MPC §§ 301 and 302, and any of its municipalities have adopted comprehensive plans and zoning ordinances under MPC §§ 301, 303(d) and 603(j), Commonwealth agencies "shall consider and may rely upon" those plans and ordinances when reviewing applications for the funding or permitting of infrastructure or facilities. [1]
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Zoning ordinances may create additional classifications within any zoning district for the regulation, restriction or prohibition of uses and structures at, along or near natural or artificial bodies of water, boat docks and related facilities, places of relatively steep slope or grade, and flood plain areas.
53 P.S. § 10605(2)(ii), (iii), (vii) (MPC § 605(2)) [1]Show the source text
additional classifications may be made within any district: ... (2) For the regulation, restriction or prohibition of uses and structures at, along or near: ... (ii) natural or artificial bodies of water, boat docks and related facilities; (iii) places of relatively steep slope or grade, or other areas of hazardous geological or topographic features; ... (vii) flood plain areas, agricultural areas, sanitary landfills,
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ProcessZoning ordinances may provide for special exceptions and variances administered by the zoning hearing board, and for conditional uses allowed or denied by the governing body after recommendations by the planning agency and a hearing, under express standards and criteria in the ordinance; in allowing a conditional use the governing body may attach reasonable conditions and safeguards (other than those related to off-site transportation or road improvements).
Applies when: Where a local zoning ordinance lists pond construction as a special exception or conditional use 53 P.S. § 10603(c)(1)-(2) (MPC § 603(c)(1)-(2)) [1]Show the source text
(1) provisions for special exceptions and variances administered by the zoning hearing board, which provisions shall be in accordance with this act; (2) provisions for conditional uses to be allowed or denied by the governing body after recommendations by the planning agency and hearing, pursuant to express standards and criteria set forth in the zoning ordinance. ... In allowing a conditional use, the governing body may attach such reasonable conditions and safeguards, other than those related to off-site transportation or road improvements,
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When the language of a zoning ordinance is doubtful as to its intended meaning, it must be interpreted in favor of the property owner and against any implied extension of the restriction.
53 P.S. § 10603.1 (MPC § 603.1) [1]Show the source text
In interpreting the language of zoning ordinances to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the governing body, in favor of the property owner and against any implied extension of the restriction.
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ExemptionThe MPC zoning power in § 603(b) is expressly limited: it does not reach regulation of mineral extraction that has been superseded and preempted by specified state mining and oil-and-gas laws, the subsidence impacts of coal extraction to the extent regulated by the Bituminous Mine Subsidence and Land Conservation Act, regulation of activities related to commercial agricultural production that would exceed the requirements imposed under the Nutrient Management Act (and the other agricultural statutes named in § 603(b)), or regulation of other activities that are preempted by other federal or state laws.
53 P.S. § 10603(b) (MPC § 603(b)) [1]Show the source text
Zoning ordinances, except to the extent that those regulations of mineral extraction ... have heretofore been superseded and preempted by ... and to the extent that the subsidence impacts of coal extraction are regulated by ... "The Bituminous Mine Subsidence and Land Conservation Act," and that regulation of activities related to commercial agricultural production would exceed the requirements imposed under ... the "Nutrient Management Act," ... or that regulation of other activities are preempted by other Federal or State laws, may permit, prohibit, regulate, restrict and determine:
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ExemptionZoning ordinances must encourage the continuity, development and viability of agricultural operations and may not restrict agricultural operations, or changes to or expansions of agricultural operations, in geographic areas where agriculture has traditionally been present unless the agricultural operation will have a direct adverse effect on the public health and safety.
Applies when: Farm ponds that are part of an agricultural operation in an area where agriculture has traditionally been present 53 P.S. § 10603(h) (MPC § 603(h)) [1]Show the source text
Zoning ordinances shall encourage the continuity, development and viability of agricultural operations. Zoning ordinances may not restrict agricultural operations or changes to or expansions of agricultural operations in geographic areas where agriculture has traditionally been present unless the agricultural operation will have a direct adverse effect on the public health and safety.
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DefinitionThe MPC defines "agricultural operation" as an enterprise actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term also includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced, consistent with practices normally engaged in by farmers or with technological development in the agricultural industry.
53 P.S. § 10107(a) (MPC § 107, "Agricultural operation") [1]Show the source text
"Agricultural operation," an enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers
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ProcessA municipal governing body may regulate subdivisions and land development by enacting a subdivision and land development ordinance (SALDO); the ordinance must require that all subdivision and land development plats be submitted for approval to the governing body or to a planning agency designated in the ordinance.
53 P.S. § 10501 (MPC § 501) [1]Show the source text
The governing body of each municipality may regulate subdivisions and land development within the municipality by enacting a subdivision and land development ordinance. The ordinance shall require that all subdivision and land development plats of land situated within the municipality shall be submitted for approval to the governing body or, in lieu thereof, to a planning agency designated in the ordinance for this purpose,
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DefinitionThe MPC defines "land development" as (1) the improvement of one or more contiguous lots, tracts or parcels for any purpose involving a group of two or more residential or nonresidential buildings, or a single nonresidential building, or the division or allocation of land or space between or among two or more existing or prospective occupants; (2) a subdivision of land; or (3) development under § 503(1.1). The definition as quoted is framed around buildings, division/allocation of land or space, and subdivision; it does not mention excavation or ponds.
53 P.S. § 10107(a) (MPC § 107, "Land development") [1]Show the source text
"Land development," any of the following activities: (1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: (i) a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or (ii) the division or allocation of land or space, ... between or among two or more existing or prospective occupants ... (2) A subdivision of land. (3) Development in accordance with section 503(1.1).
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ProcessAppeals from a zoning officer or municipal engineer determination under a land use ordinance concerning sedimentation and erosion control and storm water management go to the zoning hearing board when the development does not involve an Article V (subdivision/land development) or Article VII (planned residential development) application; when they relate to such an application, they go to the governing body or, where designated, the planning agency. The zoning hearing board also hears appeals from a municipal engineer or zoning officer determination in administering any flood plain or flood hazard ordinance.
53 P.S. § 10909.1(a)(4), (a)(9), (b)(6) (MPC § 909.1) [1]Show the source text
The zoning hearing board shall have exclusive jurisdiction ... (4) Appeals from a determination by a municipal engineer or the zoning officer with reference to the administration of any flood plain or flood hazard ordinance ... (9) Appeals ... sedimentation and erosion control and storm water management insofar as the same relate to development not involving Article V or VII applications. ... The governing body or, except as to clauses (3), (4) and (5), the planning agency, if designated, shall have exclusive jurisdiction ... relate to application for land development under Articles V and VII.
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A person found liable in a municipal civil enforcement proceeding for violating a zoning ordinance must pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the municipality. Each day a violation continues is a separate violation; if the district justice (now magisterial district judge) finds the violator had a good-faith basis for believing there was no violation, only one violation is counted until the fifth day after the date of the determination, and each day after that is a separate violation.
53 P.S. § 10617.2(a) (MPC § 617.2(a)) [1]Show the source text
pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by a municipality ... Each day that a violation continues shall constitute a separate violation, unless the district justice ... further determines that there was a good faith basis ... in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.
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RequirementWhen a county has adopted a comprehensive plan and municipalities in it have adopted comprehensive plans and zoning ordinances under the specified MPC sections, Commonwealth agencies "shall consider and may rely upon" those comprehensive plans and zoning ordinances when reviewing applications for the funding or permitting of infrastructure or facilities.
53 P.S. § 10619.2(a) (MPC § 619.2(a)); see also MPC § 1105(a)(2) [1]Show the source text
When a county adopts a comprehensive plan in accordance with sections 301 and 302 and any municipalities therein have adopted comprehensive plans and zoning ordinances in accordance with sections 301, 303(d) and 603(j), Commonwealth agencies shall consider and may rely upon comprehensive plans and zoning ordinances when reviewing applications for the funding or permitting of infrastructure or facilities.
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Stormwater ordinances (Act 167)
Act 167 requires each county to prepare and adopt a watershed stormwater management plan for each DEP-designated watershed in the county, in consultation with the municipalities in each watershed, and to review and revise it at least every five years. Within six months after a plan is adopted and approved, each municipality must adopt or amend, and implement, the ordinances needed to regulate development consistently with it, including zoning, subdivision and development, building code, and erosion and sedimentation ordinances. Once a plan is adopted and approved, stormwater management systems, obstructions, flood control projects, subdivisions and major land developments, highways and transportation facilities, public utility facilities, and facilities owned or financed in whole or in part with Commonwealth funds in the watershed must be located, designed and built consistently with it. [3]
DEP's Act 167 FAQ (Sept. 16, 2024) reads the ordinance deadline as six months from plan adoption or DEP approval, whichever is later, and says DEP is required to take enforcement action against municipalities that do not enact ordinances consistent with approved plans. The same FAQ says Act 167 plans are not intended to regulate land use; municipalities control land use through zoning and subdivision and land development ordinances. [9]
The landowner duty in Act 167 includes actions to assure that the maximum rate of stormwater runoff is no greater after development than before, or to manage the quantity, velocity and direction of the resulting runoff in a way that otherwise adequately protects health and property. Activity that violates Act 167, or a plan, regulation or ordinance adopted under it, is a public nuisance; DEP, any affected county or municipality, or any aggrieved person may sue to restrain or abate violations (the compiled statute marks the subsection listing who may sue as repealed in part in 1980, without showing which words), and a person injured by a violation of the landowner duty may recover damages from the landowner or other responsible person. [3]
DEP's Act 167 page (undated; checked September 28, 2026) says a plan is current only if it was developed or updated in the last five years, lists two current DEP-approved plans, both in Monroe County (Tobyhanna Creek and Brodhead Creek), and tells people to contact their county planning commission to view other plans. For a project that needs a Chapter 102 post-construction stormwater management (PCSM) plan, DEP's FAQ says standards in an Act 167 plan, including ordinances consistent with it, may be used for the 25 Pa. Code § 102.8(g) stormwater analysis if the plan has been approved by DEP and is current (approved by DEP within the past five years); if the plan is not current, its standards may be proposed as an alternative design standard, and the applicant must demonstrate that they provide equal or better protection than the Chapter 102 regulatory standards. [9][10]
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RequirementThe Storm Water Management Act (Act 167) requires each county, within two years after DEP promulgates guidelines, to prepare and adopt a watershed storm water management plan for each watershed in the county designated by DEP, in consultation with the municipalities in each watershed, and to review and revise the plan at least every five years. DEP may, for good cause shown, grant a county an extension of time to prepare and adopt a plan.
32 P.S. § 680.5(a) (Act 167 § 5(a)) [3]Show the source text
Within two years following the promulgation of guidelines by the department pursuant to section 14, each county shall prepare and adopt a watershed storm water management plan for each watershed located in the county as designated by the department, in consultation with the municipalities located within each watershed, and shall periodically review and revise such plan at least every five years. The department may, for good cause shown, grant an extension of time to any county for the preparation and adoption of a watershed storm water management plan.
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TimelineWithin six months after a watershed storm water plan is adopted and approved, each municipality must adopt or amend, and implement, ordinances and regulations (including zoning, subdivision and development, building code, and erosion and sedimentation ordinances) as necessary to regulate development consistently with the plan and Act 167.
32 P.S. § 680.11(b) (Act 167 § 11(b)) [3]Show the source text
Within six months following adoption and approval of the watershed storm water plan, each municipality shall adopt or amend, and shall implement such ordinances and regulations, including zoning, subdivision and development, building code, and erosion and sedimentation ordinances, as are necessary to regulate development within the municipality in a manner consistent with the applicable watershed storm water plan and the provisions of this act.
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RequirementAfter a watershed storm water plan is adopted and approved, the location, design and construction within the watershed of storm water management systems, obstructions, flood control projects, subdivisions and major land developments, highways and transportation facilities, public-utility facilities, and state-funded facilities must be consistent with the plan.
32 P.S. § 680.11(a) (Act 167 § 11(a)) [3]Show the source text
After adoption and approval of a watershed storm water plan in accordance with this act, the location, design and construction within the watershed of storm water management systems, obstructions, flood control projects, subdivisions and major land developments, highways and transportation facilities, facilities for the provision of public utility services and facilities owned or financed in whole or in part by funds from the Commonwealth shall be conducted in a manner consistent with the watershed storm water plan.
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TimelineDEP's FAQ says counties should tell municipalities they must amend local ordinances to be consistent with an approved Act 167 plan within six months of plan adoption or DEP approval, whichever is later, and that DEP is required to take enforcement action against municipalities that do not; the ordinances to be adopted or amended include zoning, subdivision and land development, building code, and erosion and sedimentation control requirements.
DEP Act 167 FAQ (Sept. 16, 2024, v1.2), FAQ #11 [9]Show the source text
The county should also inform municipalities that they have a responsibility to amend their local ordinances to be consistent with the plan within six months of plan adoption or DEP approval (whichever is later). Under Act 167, DEP is required to take enforcement action against municipalities that do not enact ordinances consistent with approved Act 167 plans. ... Act 167 requires each municipality in the watershed to adopt or amend ordinances consistent with the plan, including zoning, subdivision and land development, building code, and erosion and sedimentation control requirements.
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DEP's Act 167 FAQ states that Act 167 plans are not intended to regulate land use; municipalities control land use through zoning and subdivision and land development ordinances, and Act 167 plans should be consistent with those ordinances.
DEP Act 167 FAQ (Sept. 16, 2024, v1.2), FAQ #20 [9]Show the source text
FAQ #20: Does Act 167 regulate land use? No, Act 167 Plans are not intended to regulate land use. Municipalities control land use through zoning and subdivision and land development ordinances. Act 167 Plans should be consistent with those ordinances.
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Any activity violating Act 167 or a watershed storm water plan, regulation or ordinance adopted under it is declared a public nuisance; suits to restrain or abate violations may be brought by DEP, any affected county or municipality, or any aggrieved person; and any person injured by conduct violating § 13 may recover damages from the landowner or other responsible person.
32 P.S. § 680.15(a)-(c) (Act 167 § 15) [3]Show the source text
Any activity conducted in violation of the provisions of this act or of any watershed storm water plan, regulations or ordinances adopted hereunder, is hereby declared a public nuisance. ... may be instituted in equity or at law by the department, any affected county or municipality, or any aggrieved person. ... Any person injured by conduct which violates the provisions of section 13 may, in addition to any other remedy provided under this act, recover damages caused by such violation from the landowner or other responsible person.
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StatusDEP's Act 167 page states that an Act 167 plan is considered current only if it was developed or updated in the last five years, and under "Current Act 167 Plans" it lists two plans as approved by DEP and current, both in Monroe County (Tobyhanna Creek and Brodhead Creek). Persons wishing to view other Act 167 plans are told to contact their local county planning commission.
DEP Act 167 program page, "Current Act 167 Plans" [10]Show the source text
In order for an Act 167 Plan to be considered current, the Plan must have been developed or updated in the last five years. The following plans have been approved by DEP and are current: Monroe County Tobyhanna Creek Act 167 SWMP Brodhead Creek Act 167 SWMP Persons interested in viewing other Act 167 Plans should contact their local county planning commission.
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RequirementDEP's Act 167 FAQ says standards in an Act 167 plan (including ordinances consistent with it) may be used for the stormwater analysis required by 25 Pa. Code § 102.8(g) for a post-construction stormwater management (PCSM) plan if the Act 167 plan has been approved by DEP and is current (approved by DEP within the past five years). If the plan is not current, its standards may be proposed as an alternative design standard, and the applicant must demonstrate that they provide equal or better protection than the Chapter 102 regulatory standards.
Applies when: Pond projects that require a Chapter 102 PCSM plan (e.g., NPDES construction permit coverage) DEP Act 167 FAQ (Sept. 16, 2024, v1.2), FAQ #23; 25 Pa. Code § 102.8(g) [9]Show the source text
Standards contained in an Act 167 Plan (including ordinances consistent with that plan) may be used for the stormwater analysis required by 25 Pa. Code § 102.8(g) for a post-construction stormwater management (PCSM) Plan if the Act 167 Plan has been approved by DEP and is current (i.e., the plan, either original or revised, has been approved by DEP within the past five years). If the Act 167 Plan is not current ... may be proposed as an alternative design standard, and the applicant will need to demonstrate that the Act 167 Plan standards provide equal or better protection
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Call before you dig: PA One Call
Under the Underground Utility Line Protection Law, "excavation work" means using powered equipment or explosives to move earth, rock or other material, and expressly includes, among others, backfilling, digging, ditching, dredging, grading, ripping, scraping and trenching, which describe excavating a pond basin or building an embankment with powered equipment. PA One Call says a homeowner who plans to disturb the earth with powered equipment on their own property must notify the utilities of the intent to dig; homeowners who work on their own residential property are exempt from PA One Call's annual service fee, not from that notice. [4][6][7]
Business days exclude Saturdays, Sundays and legal holidays prescribed by statute. Work may not begin before the lawful start date, which is on or after the third business day after notification, not counting the day the One Call System receives the notice, and a notice received on a Saturday, Sunday or holiday is processed on the next business day. A complex project (more work than one locate request can properly describe, or a project the excavator or facility owner designates as complex because of its complexity or potential to cause significant disruption to lines or facilities and the public) needs at least 10 business days' notice, and PA One Call says complex-project requests must be submitted through its Coordinate PA application. The 3-to-10 business day timing requirement does not apply to an excavator working in an emergency, which the law defines as a sudden or unforeseen occurrence involving a clear and immediate danger to life, property or the environment; even then, all facility owners must be notified as soon as possible before, during or after the work, depending on the circumstances, and misrepresenting an excavation as an emergency is subject to an administrative penalty. [4][11]
Under § 5(23), added by Act 127 of 2024, each excavator has sole responsibility for submitting its locate requests and may not delegate that duty to another person. The statute also still contains § 5(18), which lets an excavator working for a facility owner, a municipality or a municipal authority, if it chooses, delegate its § 5(2.1) and (2.2) notice duties to that project owner with the project owner's consent. PA One Call advises homeowners not to call 811 for their excavator, because that notice will not protect the excavator if something happens while digging, and to ask to see the contractor's eleven-digit PA One Call serial number before work begins. A landowner who hires a contractor to build the pond is a "project owner" who must respond promptly to the excavator's notices under § 5(15). The excavator must promptly notify the project owner, orally or in writing, if the facility owner's line information cannot be provided or it is reasonably necessary to ascertain the precise location of a line; after giving that notice, the excavator is entitled to compensation from the project owner as provided in the latest edition of the PennDOT Form 408 specifications, and contract provisions that attempt to limit these excavator rights are not valid. The project owner must also file a report of alleged violation with the Pennsylvania Public Utility Commission (PUC) through the One Call System within 30 days after its contracted excavator strikes or damages a facility owner's line. [4][6]
After a timely locate request, and no later than the business day before the lawful start date, each facility owner must mark, stake, locate or otherwise provide the position of its lines at the work site within 18 inches horizontally from the outside wall of the line, to the extent its records or standard locating techniques other than excavation allow. The excavator must use due care and take all reasonable steps to avoid injuring the marked lines, and within the tolerance zone (18 inches horizontally from the outside wall or edge of a line) it must use prudent techniques, which may include hand-dug test holes, vacuum excavation or similar devices, to find the lines' precise position. PA One Call does not mark lines itself, and it says privately owned lines, such as service lines from the meter to the home, electric or gas lines to a pool or outdoor grill, invisible fences, septic systems, sprinkler systems or drainage pipes, and propane tanks and lines, may not be marked by the utilities; it advises having known private lines marked by a private line-locating company before excavation. [4][12][13]
Once excavation starts, the excavator must protect the marks for as long as they are needed or ask the One Call System to re-mark them if they are compromised or eliminated. An excavator that removes its equipment and vacates the site for more than two business days must notify the One Call System again unless it has made other arrangements directly with the facility owners involved. If the excavator changes the location, scope or duration of a proposed excavation after receiving information from the One Call System or a facility owner, its obligations apply to the new location. The excavator must immediately report to the facility owner any break, leak, dent, gouge, groove or other damage to a line, its coating or its cathodic protection made or discovered during the work, and if the damage releases a flammable, toxic or corrosive gas or liquid, the excavator must immediately notify 911 and the facility owner, take reasonable protective measures and stay on site to brief responders. The excavator must also file a report of alleged violation with the PUC through the One Call System within 30 days after striking or damaging a facility owner's line. [4]
The PUC oversees compliance: its Bureau of Investigation and Enforcement investigates alleged violations and presents cases to the Damage Prevention Committee, and the PUC may levy an administrative penalty of up to $2,500 per violation, or up to $50,000 if the violation results in injury, death or property damage of $25,000 or more. Act 127 of 2024, approved October 29, 2024, extended the law's expiration date from December 31, 2024 to December 31, 2031. As of September 28, 2026, HB 1525 and SB 1129, each of which would amend the law's definitions, are pending bills, not law: HB 1525 passed the House on January 28, 2026 (183-16), and its last recorded action is a January 30, 2026 referral to the Senate Consumer Protection & Professional Licensure Committee; SB 1129's last recorded action is a January 12, 2026 referral to Consumer Protection & Professional Licensure. [4][14][15][16][17]
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DefinitionUnder Pennsylvania's Underground Utility Line Protection Law, "excavation work" means the use of powered equipment or explosives in the movement of earth, rock or other material, and expressly includes (among others) backfilling, digging, ditching, dredging, grading, ripping, scraping and trenching. These listed activities describe the work of excavating a pond basin or building an embankment with powered equipment.
Applies when: Any movement of earth, rock or other material with powered equipment or explosives Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 1 (definition of "Excavation work"), as amended by Act 127 of 2024 [4]Show the source text
"Excavation work" means the use of powered equipment or explosives in the movement of earth, rock or other material, and includes, but is not limited to, anchoring, augering, backfilling, blasting, boring, digging, ditching, dredging, drilling, driving-in, grading, plowing-in, pulling-in, ripping, scraping, trenching and tunneling.
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RequirementPA One Call states that a homeowner digging on their own property must call: if you plan to disturb the earth with powered equipment, Act 287 obligates you to notify the utility companies of your intent to dig. Either the homeowner working on their own residential property or the excavator the homeowner hired should notify the One Call System.
Applies when: Landowner digging on their own property with powered equipment PA One Call System, Homeowner FAQs [6]Show the source text
Do I have to call if I am digging on my own property? Yes. If you plan to disturb the earth with powered equipment, PA Act 287, as amended, obligates you to notify the utility companies of your intent to dig. Who should notify the One Call System? A homeowner working on their own residential property. Or, an excavator hired by the homeowner to work on their residental property.
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FeePA One Call says excavators, designers and non-member facility owners must pay the annual service fee, which is generated by the first call of the calendar year. Homeowners who work on their own residential property, and charitable organizations with 501(c)(3) status, are exempt from the fee.
Applies when: Homeowner on own residential property (exempt) vs. contractor (fee applies) PA One Call System, Excavator FAQs [7]Show the source text
Excavators, designers and other non-member facility owners are obligated by law to pay the annual service fee which is generated with the first call placed during the calendar year. ... Homeowners who work on their own residential property or charitable organizations with 501(c)3 designation are exempt from the fee.
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TimelineFor a complex project, notification must be given at least 10 business days before excavation or demolition work begins.
Applies when: Complex projects Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(2.1) [4]Show the source text
In the case of a complex project, notification shall not be less than ten business days in advance of the beginning of excavation or demolition work.
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RequirementThe excavator must make a locate request to the One Call System before excavation or demolition work and pay the applicable fee for the request. Under § 5(23), added by Act 127 of 2024, the excavator may not delegate its duty to submit a locate request to another person and has sole responsibility for submitting each locate request. The text still contains § 5(18), which lets an excavator that is working for a facility owner, a municipality or a municipal authority, if it chooses, delegate the § 5(2.1) and (2.2) notice duties to its project owner with the project owner's consent; § 5(18) is limited to those three kinds of project owner.
Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(18), § 5(21) and § 5(23) [4]Show the source text
To, if it chooses to do so and if working for a facility owner, a municipality or a municipal authority, delegate the power to discharge the duties set forth in clauses (2.1) and (2.2) to its project owner, with the project owner's consent. ... To make a locate request to the One Call System prior to excavation or demolition work and to pay the applicable fee for the request. ... To not delegate the excavator's duty to submit a locate request to the One Call System to another person. The excavator shall have the sole responsibility to submit each locate request to the One Call System.
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ProcessPA One Call advises that a homeowner should not call 811 for their excavator, because the notice will not protect the excavator if something happens while digging. It recommends asking the contractor to show its PA One Call serial number, an eleven-digit number proving the excavator called 811, before work begins.
Applies when: Landowner hires a contractor to dig the pond PA One Call System, Homeowner FAQs [6]Show the source text
Should a homeowner contact 811 on behalf of their excavator? No. The excavator will not be protected, should something happen while digging, by the notification if the homeowner notifies on their behalf. If you are hiring a contractor to do the work for you, ask to see their PA One Call "Serial Number" before the work begins. This eleven digit number is proof that the excavator has dialed 8-1-1 in advance of starting to work for you.
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RequirementIf the line information required from the facility owner cannot be provided, or it is reasonably necessary for the excavator to ascertain the precise location of any line, the excavator must promptly notify the project owner, orally or in writing. After giving that notice, the excavator is entitled to compensation from the project owner as provided in the latest edition of the Pennsylvania Department of Transportation (PennDOT) Form 408 specifications. Contract provisions that attempt to limit these excavator rights are not valid.
Applies when: Landowner (project owner) hires a contractor and lines must be exposed by hand or vacuum Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(15) [4]Show the source text
information required from the facility owner ... cannot be provided or ... it is reasonably necessary for the excavator to ascertain the precise location of any line ... the excavator shall promptly notify the project owner ... either orally or in writing. ... After giving such notice, the excavator shall be entitled to compensation from the project owner ... as provided in the latest edition of the Pennsylvania Department of Transportation Form 408 specifications ... Provisions in any contract ... which attempt to limit the rights of excavators under this section shall not be valid
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ProcessAfter receipt of a timely request from an excavator or operator identifying the work site, and not later than the business day before the lawful start date, each facility owner must mark, stake, locate or otherwise provide the position of its underground lines at the work site within 18 inches horizontally from the outside wall of the line, to the extent the information is available in the facility owner's records or by use of standard locating techniques other than excavation.
Applies when: After a timely locate request Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 2(5)(i) [4]Show the source text
After receipt of a timely request from an excavator or operator who identifies the work site of excavation or demolition work he intends to perform and not later than the business day prior to the lawful start date of excavation: (i) To mark, stake, locate or otherwise provide the position of the facility owner's underground lines at the work site within eighteen inches horizontally from the outside wall of such line ... This shall be done to the extent such information is available in the facility owner's records or by use of standard locating techniques other than excavation.
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RequirementThe excavator must use due care and take all reasonable steps to avoid injuring the lines whose positions were marked. Within the tolerance zone (18 inches horizontally from the outside wall or edge of a line), the excavator must use prudent techniques, which may include hand-dug test holes, vacuum excavation or similar devices, to find the precise position of the lines.
Applies when: Digging near marked lines Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(4); § 1 (definition of "Tolerance zone") [4]Show the source text
"Tolerance zone" means the horizontal space within eighteen inches of the outside wall or edge of a line or facility. ... To exercise due care and to take all reasonable steps necessary to avoid injury to or otherwise interfere with all lines where positions have been provided to the excavator by the facility owners pursuant to section 2(5). Within the tolerance zone the excavator shall employ prudent techniques, which may include hand-dug test holes, vacuum excavation or similar devices to ascertain the precise position of such facilities.
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PA One Call says not all underground lines are maintained by utility companies, and such lines may not be marked when a one call notification is placed. Examples of private lines include service lines from the meter to the home, electric or gas lines to a pool or grill, invisible fences, septic systems, sprinkler systems or drainage pipes, and propane tanks and lines. It advises having known private lines marked by a private line-locating company before any excavation.
Applies when: Farm or residential sites with privately owned buried lines, septic systems or drainage pipes PA One Call System, Privately Owned Underground Lines page [13]Show the source text
Not all underground lines are maintained by the utility companies and in these cases, the underground lines may not be marked by the utility companies when you place a one call notification. Examples of private lines could include: Utility service lines from the meter to the home Electric or gas lines to a pool or outdoor grill Invisible fences Septic systems Sprinkler systems or drainage pipes Propane tanks and lines If you are aware of any privately owned underground lines on the property, please contact a private line locating company to have the lines marked prior to any excavation work.
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RequirementIf an excavator removes its equipment and leaves a work site for more than two business days, it must notify the One Call System again, unless it has made other arrangements directly with the facility owners involved.
Applies when: Multi-phase pond work with gaps in equipment presence Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(14) [4]Show the source text
If an excavator removes its equipment and vacates a work site for more than two business days, to renotify the One Call System unless other arrangements have been made directly with the facility owners involved in his work site.
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RequirementThe excavator must immediately report to the facility owner any break, leak, dent, gouge, groove or other damage to a line or its coating or cathodic protection. If the damage releases any flammable, toxic or corrosive gas or liquid, the excavator must immediately notify 911 and the facility owner, take reasonable protective measures, and stay on site to brief responders.
Applies when: Line struck or damaged during pond excavation Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(7) and § 5(8) [4]Show the source text
To report immediately to the facility owner any break or leak on its lines, or any dent, gouge, groove or other damage to such lines or to their coating or cathodic protection, made or discovered in the course of the excavation or demolition work. ... To immediately notify 911 and the facility owner if the damage results in the escape of any flammable, toxic or corrosive gas or liquid. The excavator shall take reasonable measures ... and shall remain on the work site to convey any pertinent information to responders
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RequirementAn excavator must file a report of alleged violation with the PUC through the One Call System within 30 days after striking or damaging a facility owner's line, or when it believes a violation of the Act has been committed in connection with excavation or demolition work.
Applies when: Excavator strikes a line Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(16) [4]Show the source text
To submit a report of an alleged violation to the commission through the One Call System not more than thirty days after striking or damaging a facility owner's line during excavation or demolition or if the excavator believes a violation of this act has been committed in association with excavation or demolition work.
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Size cutoffThe PUC may issue a warning and compliance order and may levy an administrative penalty of up to $2,500 per violation. If the violation results in injury, death or property damage of $25,000 or more, the maximum is $50,000. A party aggrieved by an order or penalty may appeal it as provided under 2 Pa.C.S.
Applies when: Any violation of the Act Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 7.10(a), (b)(1) [4]Show the source text
The commission may issue a warning and order requiring compliance with this act and may levy an administrative penalty for a violation of this act. ... may appeal the order or penalty as provided under 2 Pa.C.S. ... (i) an administrative penalty of not more than two thousand five hundred dollars ($2,500) per violation; or (ii) if the violation results in injury, death or property damage of twenty-five thousand dollars ($25,000) or more, an administrative penalty of not more than fifty thousand dollars ($50,000).
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StatusThe Underground Utility Line Protection Law is set to expire on December 31, 2031, as amended by Act 127 of 2024.
Applies when: Sunset date; recheck before relying on the Act after 2031 Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 39 [4]Show the source text
Section 39. This act shall expire on December 31, 2031. (39 amended Oct. 29, 2024, P.L.1106, No.127)
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More detail
More detail: 52 more verified statements on local ordinances, PA One Call and permit routing
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DefinitionThe MPC defines "structure" as any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
53 P.S. § 10107(a) (MPC § 107, "Structure") [1]Show the source text
"Structure," any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
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RequirementA subdivision and land development ordinance may include provisions insuring that land subject to flooding, subsidence or underground fires is either made safe for its proposed use or set aside for uses that will not endanger life or property or further aggravate or increase the existing menace.
Applies when: Pond projects that are part of a subdivision or land development 53 P.S. § 10503(2)(v) (MPC § 503(2)(v)) [1]Show the source text
(v) land which is subject to flooding, subsidence or underground fires either shall be made safe for the purpose for which such land is proposed to be used, or that such land shall be set aside for uses which shall not endanger life or property or further aggravate or increase the existing menace.
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ExemptionThe definition of excavation work also excludes (a) minor routine maintenance up to a depth of less than 18 inches, measured from the top of the edge of the cartway or the top of the outer edge of an improved shoulder, within the right-of-way of public roads; (b) work up to a depth of 24 inches beneath the existing surface within the right-of-way of a State highway; (c) work by persons whose activities must comply with the requirements of, and regulations under, the Surface Mining Conservation and Reclamation Act, The Bituminous Mine Subsidence and Land Conservation Act, or the Coal Refuse Disposal Control Act that relate to the protection of utility facilities; and (d) direct operations on a well pad following construction of the well pad that are necessary or incidental to the extraction of oil or natural gas.
Applies when: Road right-of-way maintenance, State highway right-of-way work, regulated mining operations, well pad operations Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 1 (definition of "Excavation work") [4]Show the source text
minor routine maintenance up to a depth of less than eighteen inches measured from the top of the edge of the cartway or the top of the outer edge of an improved shoulder ... within the right-of-way of public roads or work up to a depth of twenty-four inches beneath the existing surface within the right-of-way of a State highway ... persons whose activities must comply with ... that relate to the protection of utility facilities or the direct operations on a well pad following construction of the well pad and that are necessary or operations incidental to the extraction of oil or natural gas
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Definition"Demolition work" means the partial or complete destruction of a structure, by any means, served by or adjacent to a line or lines. The advance-notice requirement in § 5(2.1) applies to both excavation and demolition work.
Applies when: Removing a structure (for example an old outbuilding or dam structure) that is served by or adjacent to a buried line Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 1 (definition of "Demolition work"); § 5(2.1) [4]Show the source text
"Demolition work" means the partial or complete destruction of a structure, by any means, served by or adjacent to a line or lines. ... Notification shall be not less than three nor more than ten business days in advance of beginning excavation or demolition work.
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DefinitionA protected "line" or "facility" is an underground conductor, pipe or structure used in providing electric or communication service, or an underground pipe used in carrying, gathering, transporting or providing gas, petroleum, propane, oil, sewage, water or other service to one or more transportation carriers, consumers or customers of such service, regardless of whether it is located on land owned by a person or public agency. The term includes unexposed storm drainage and traffic loops that are not clearly visible.
Applies when: Buried utility lines anywhere on the site, including on private farmland Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 1 (definition of "Line" or "facility") [4]Show the source text
"Line" or "facility" means an underground conductor or underground pipe or structure used in providing electric or communication service, or an underground pipe used in carrying, gathering, transporting or providing natural or artificial gas, petroleum, propane, oil ... sewage, water or other service to one or more transportation carriers, consumers or customers of such service ... regardless of whether such line or structure is located on land owned by a person or public agency ... The term shall include unexposed storm drainage and traffic loops that are not clearly visible.
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DefinitionA "facility owner" (the party that must join the One Call System and mark its lines) does not include a person serving the person's own property through the person's own line, if the person does not serve any other customer, or a person using a line it does not own or operate if that use serves no more than a single property. So a landowner who serves only their own property through their own line is not a facility owner with One Call marking duties for that line.
Applies when: Privately owned lines on the pond owner's property (for example a water line to a barn) Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 1 (definition of "Facility owner") [4]Show the source text
The term does not include any of the following: (1) A person serving the person's own property through the person's own line, if the person does not provide service to any other customer. (2) A person using a line which the person does not own or operate, if the use of the line does not serve more than a single property.
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PA One Call's Homeowner FAQ says that how deep you dig, and where in Pennsylvania you dig, do not matter: you must contact 811 any time you intend to dig.
Applies when: Deciding whether a small or shallow job needs a call PA One Call System, Homeowner FAQs ('How deep must you dig before you are required to contact 811?') [6]Show the source text
It does not matter how deep you are digging or where you are digging within the Commonwealth of Pennsylvania, you are required to contact 811 anytime you intend to dig.
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RequirementPA One Call's Excavator FAQ says that, for placing a notification, it does not matter how deep you are digging: if you are digging with powered equipment, the person operating the equipment must call. It recommends a notification any time you are excavating or disturbing the earth, or demolishing a structure, and says a notification is required when powered equipment or explosives are used to move earth, rock or other material. The same FAQ then repeats the statutory exclusions, including soft excavation technology and tilling of soil for agricultural purposes to a depth of less than 18 inches.
PA One Call System, Excavator FAQs [7]Show the source text
it does not matter how deep you are digging, if you are digging with powered equipment the person operating the equipment must call. ... The Pennsylvania One Call System recommends that you placed a notification anytime you are excavating or disturbing the earth, or demolishing a structure. You are required to place a notification for excavation for when using powered equipment or explosives in the movement of earth, rock or other material. This does not include soft excavation technology ... tilling of soil for agricultural purposes to a depth of less than eighteen inches
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AgencyThe PUC tells homeowners and contractors that the law requires them to call 8-1-1 (or submit a request online) at least three business days before starting any digging or excavation project. PA One Call then alerts facility owners so they can mark their buried lines.
Applies when: Homeowners and contractors PUC, PA One Call - 811 web page [5]Show the source text
Homeowners and contractors must call 8-1-1 at least three business days before starting any digging or excavation project, as required by law. ... At least three business days before starting any excavation project, you must contact PA One Call by calling 811 or submitting a request online. PA One Call then alerts facility owners of the intent to dig so they can mark their buried lines.
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DefinitionA "business day" is any day except a Saturday, Sunday or legal holiday prescribed by statute. A business day begins at 12:00:00 a.m. and ends at 11:59:59 p.m.
Applies when: Counting the advance-notice period Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 1 (definition of "Business day") [4]Show the source text
"Business day" means any day except a Saturday, Sunday or legal holiday prescribed by statute. A business day begins at 12:00:00 a.m. and ends at 11:59:59 p.m.
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DefinitionA "complex project" is an excavation that involves more work than can properly be described in a single locate request, or any project the excavator or facility owner designates as complex because of its complexity or potential to cause significant disruption to lines or facilities and the public, including excavations that require locates to be scheduled over an extended time frame.
Applies when: Large or long-duration projects Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 1 (definition of "Complex project") [4]Show the source text
"Complex project" means an excavation that involves more work than properly can be described in a single locate request or any project designated as such by the excavator or facility owner as a consequence of its complexity or its potential to cause significant disruption to lines or facilities and the public, including excavations that require scheduling locates over an extended time frame.
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Size cutoffPA One Call says a single locate request is 1,000 feet or intersection to intersection, whichever is greater, along the same street, within the same political subdivision. Complex project requests must be submitted through the Coordinate PA application and require 10 business days' notice.
Applies when: Deciding whether a large pond/dam project needs one ticket or a complex-project request PA One Call System, Excavators page [11]Show the source text
A single locate request is 1,000 feet or intersection to intersection, whichever is greater, along the same street, in the same politicial subdivision border. ... You must submit your locate request through the Coordinate PA (CPA) application. You can create a complex project from within the CPA project, and indicate a preconstruction meeting is requested. All complex project tickets requires a 10 business day notice.
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DefinitionThe "work site" named in a locate request should be denoted as a clearly defined, bounded area with identifiable points of reference, such as the specific address with a description of the portion of the property (front, back, left side, right side, and compass direction). Where possible, the points should also reference the size and radius or circumference of the excavation, landmarks, and latitude and longitude.
Applies when: Describing the pond site in the locate request Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 1 (definition of "Work site") [4]Show the source text
A work site should be denoted as a clearly defined, bounded area, including relevant identifiable points of reference such as the specific address with a specific description as to the portion of the property, including descriptions such as front, back, left side, right side and direction such as N, S, E, W or variants. Where possible, the points should also reference, without limitation, the size and radius or circumference of the excavation ... landmarks, including trees, fountains, fences, railroads, highway and pipeline markers, and latitude and longitude.
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RequirementThe excavator must give the One Call System exact information identifying the work site. An excavator has met the notice obligation if it calls the One Call System, provides the work site and other required information, and receives a serial number.
Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(2.2) [4]Show the source text
To provide the One Call System with exact information to identify the work site so that facility owners might provide indications of their lines. An excavator shall be deemed to have met the obligations of clause (2.1) if he calls the One Call System, provides the work site and other required information and receives a serial number.
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RequirementThe excavator must mark a proposed excavation work site in white when exact work site information cannot be provided.
Applies when: When exact site information cannot be given Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(11) [4]Show the source text
To use the color white to mark a proposed excavation work site when exact work site information cannot be provided.
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ProcessBefore contacting 811, PA One Call advises marking the proposed work site with white paint, flags or chalk and having ready: contact information; county, municipality (and ward for Allentown, Erie, Pittsburgh or Philadelphia); street number and name; nearest intersection and a second intersection or nearest road; location details such as subdivision or latitude/longitude if available; the type of work, its extent and the excavation method; and the proposed excavation date and time.
Applies when: Preparing a locate request PA One Call System, Homeowners page (Step 1: Preparation) [12]Show the source text
The best way to communicate with them is to mark your proposed work site with white paint, flags or chalk, and to prepare before contacting 811: Contact information including contact name, telephone number, and email address County, municipality and ward number for Allentown, Erie, Pittsburgh or Philadelphia Street number and street name Nearest intersection to your property and a second intersection or nearest road Location information, i.e. subdivision, latitude or longitude coordinates (if available) Type of work being done, extent and method of excavation Proposed excavation date and time
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DefinitionA "project owner" is any person who or which engages an excavator for construction or any other project that requires excavation or demolition work. A landowner who hires a contractor to build a pond is a project owner and has separate duties under § 6.1.
Applies when: Landowner hires a contractor to do the digging Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 1 (definition of "Project owner"); § 6.1 (introductory clause) [4]Show the source text
"Project owner" means any person who or which engages an excavator for construction or any other project which requires excavation or demolition work. ... It shall be the duty of each project owner who engages in excavation or demolition work to be done within this Commonwealth:
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RequirementA project owner must respond promptly to excavator notices under § 5(15). It must also file a report of alleged violation with the PUC through the One Call System within 30 days after it, or its contracted excavator, strikes or damages a facility owner's line, or when it believes a violation has occurred. It must answer PUC information requests within 30 days of receiving a written request.
Applies when: Landowner who hires an excavator Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 6.1(2), § 6.1(7), § 6.1(8) [4]Show the source text
To timely respond to notifications received from excavators pursuant to section 5(15). ... To submit a report of alleged violation to the commission through the One Call System not more than thirty days after striking or damaging a facility owner's line during excavation or demolition work activities, after a project owner's contracted excavator strikes or damages a facility owner's line ... To comply with all requests for information by the commission relating to the commission's enforcement authority under this act within thirty days of receipt of the written request.
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RequirementThe excavator must inform each operator it employs at the work site of the information obtained through the locate process, and the excavator and operator must plan the work to avoid damage to or minimize interference with facility owners' facilities, coordinate with the affected facility owner any work that requires temporary or permanent interruption of service, and, after consulting the facility owner, provide support and mechanical protection for known lines during the work, including during backfilling, as may be reasonably necessary.
Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(6) [4]Show the source text
To inform each operator employed by the excavator ... of the information obtained ... the excavator and operator shall: ... Plan the excavation or demolition work to avoid damage to or minimize interference with a facility owner's facilities ... work which requires temporary or permanent interruption of a facility owner's service shall be coordinated with the affected facility owner ... After consulting with a facility owner, provide such support and mechanical protection for known facility owner's lines ... including during backfilling operations, as may be reasonably necessary
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ProcessIf a facility owner fails to respond to a timely request, or notifies the excavator that the line cannot be marked within the time frame and a mutually agreeable date for marking cannot be arrived at, the excavator may proceed with excavation as scheduled, but not earlier than the lawful dig date, provided it exercises due care, subject to the limitations in § 5(5) and § 5(2.1) through (4) and (20).
Applies when: Facility owner non-response Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(5) [4]Show the source text
If the facility owner fails to respond to the excavator's timely request as provided under section 2(5) or the facility owner notifies the excavator that the line cannot be marked within the time frame and a mutually agreeable date for marking cannot be arrived at, the excavator may proceed with excavation as scheduled, but not earlier than the lawful dig date, provided he exercises due care in his endeavors, subject to the limitations contained in this clause and clauses (2.1) through (4) and (20).
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ProcessIf, on first arriving at the site after a proper locate request, the excavator sees an unmarked or incorrectly marked facility, the excavator must notify the One Call System again and may not excavate in the affected area until it has enough information from the facility owner to dig safely. If the facility owner does not provide that information within three hours after the renotification, the excavator may proceed subject to the due-care limits of § 5(5).
Applies when: Unmarked or mis-marked line found on arrival Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(20) [4]Show the source text
To renotify the One Call System of an unmarked or incorrectly marked facility, if an original, proper locate request has been made ... upon initial arrival at the proposed work site ... An excavator may not begin excavating in the affected area of the work site until after receiving sufficient information from the facility owner to safely excavate. If the facility owner fails to provide sufficient information to the excavator within three hours after the excavator has notified the One Call System ... the excavator may proceed with excavation subject to the limitations under clause (5).
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ProcessUnder PA One Call's Direct Contact Rule: if, on first arriving at the site with no excavation yet begun, the excavator finds an unmarked or incorrectly marked facility on a routine ticket, the facility owners are renotified and must make direct contact within 2 hours. If they do not, the excavator may begin after three hours, using due care and prudent techniques, and must file an Alleged Violation Report.
Applies when: Unmarked lines on arrival PA One Call System, Excavators page (The Direct Contact Rule) [11]Show the source text
Is this your initial arrival to the site? [Yes] ... Is the site unmarked or incorrectly marked? [Yes] The original ticket was a routine ticket Has the excavation started? [No] ... If these conditions are met, the facility owner or owners will be notified and will make direct contact with you within 2 hours of the notification ... If a facility owner does not make direct contact within 2 hours, you can begin to work AFTER three hours. You must exercise due care and use prudent techniques in your work. You are required to file an Alleged Violation Report to the Commission.
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PA One Call (Pennsylvania 811) does not locate or mark underground lines itself; it relays dig information to the utility companies in the municipality. Utility companies may not mark customer-owned lines such as service lines, lighting, pool connections, barbecue areas or invisible fences.
PA One Call System, Homeowners page [12]Show the source text
Pennsylvania 811 does not locate or mark the underground utility lines. We are a communications network that relays your dig information to the utility companies within your municipality. ... Please be aware that the utility companies may not mark customer owned lines, such as service lines, lighting, pool connections, barbecue areas, or invisible fences.
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PA One Call says a facility owner cannot charge the excavator for locating its underground lines, because the law requires owners to mark lines they own or operate. Facility owners mark only lines they actually own, which may not include service lines owned by the property owner.
PA One Call System, Excavator FAQs [7]Show the source text
Remember, facility owners will only mark the lines they actually own, which may not include the service lines because they are owned by the property owner. ... Can a Facility Owner charge me for locating their underground facilities/lines? No, they are required by law to mark the location of the underground lines they own and/or operate.
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RequirementOnce excavation starts, the excavator is responsible for protecting and preserving the stakes and marks for as long as they are needed, or must contact the One Call System to have facilities re-marked if the marks have been compromised or eliminated. No person may intentionally remove or tamper with a marking.
Applies when: After lines are marked Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(3) and § 10 [4]Show the source text
After commencement of excavation or demolition work, the excavator shall be responsible for protecting and preserving the staking, marking or other designation until no longer required for proper and safe excavation or demolition work at or near the underground facility or by contacting the One Call System to request that the facilities be marked again in the event that the previous markings have been compromised or eliminated. ... No person shall intentionally remove or tamper with a marking provided for under this act.
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RequirementIf the excavator changes the location, scope or duration of a proposed excavation after receiving information from the One Call System or a facility owner, the excavator's obligations apply to the new location.
Applies when: Pond footprint or spoil area moved after the locate request Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(13) [4]Show the source text
If, after receiving information from the One Call System or directly from a facility owner, the excavator decides to change the location, scope or duration of a proposed excavation, the obligations imposed by this section shall apply to the new location.
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ProcessPA One Call says a ticket does not have to be updated every 10 business days on an active site if the marks are preserved and equipment has not been off the site for more than 2 business days. Re-marking may be requested if marks were compromised or eliminated, or if work did not begin within the original lawful start dates; each such request needs three business days' notice.
Applies when: Long pond-construction jobs PA One Call System, Excavators page (Ticket Updates) [11]Show the source text
It is not required to update your ticket every 10 business days on an active work site when: The markings have been preserved The equipment has not been moved off of the work site for more than 2 business days What are the two valid reasons to update a ticket? ... if the previous markings have been compromised or eliminated on an active work site; a three business day notice is required ... if the work did not begin within the original lawful start date; a three business day notice is required
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ExemptionThe 3-to-10 business day timing requirement of § 5(2.1) does not apply to a facility owner or excavator performing excavation or demolition work in an emergency, defined as a sudden or unforeseen occurrence involving a clear and immediate danger to life, property or the environment. Even then, all facility owners must be notified as soon as possible before, during or after the work, depending upon the circumstances. Misrepresenting an excavation as an emergency is subject to an administrative penalty.
Applies when: Only work meeting the § 1 definition of "Emergency" Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(9), § 5(22); § 1 (definition of "Emergency") [4]Show the source text
"Emergency" means a sudden or unforeseen occurrence involving a clear and immediate danger to life, property or the environment ... The time requirements of clause (2.1) shall not apply to a ... excavator performing excavation or demolition work in an emergency ... nonetheless, all facility owners shall be notified as soon as possible before, during or after excavation or demolition work, depending upon the circumstances. ... To not provide a misrepresentation of an emergency excavation, subject to an administrative penalty
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An excavator who has complied with the Act and was not otherwise negligent is not liable to facility owners, operators, project owners or others injured as a result of the excavation damaging a facility owner's lines.
Applies when: Excavator complied with the Act and used due care Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 5(12)(i) [4]Show the source text
The excavator who has complied with the terms of this act and who was not otherwise negligent shall not be subject to liability or incur any obligation to facility owners, operators, project owners or other persons who sustain injury to person or property as a result of the excavator's excavation or demolition work damaging a facility owner's lines.
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FeeAn excavator, designer or operator who proposes to excavate and requests information from the One Call System must pay the One Call System an annual fee set by the One Call System board of directors. Failure to pay the fee is a violation of the Act, subject to PUC enforcement.
Applies when: Excavators using the One Call System (see separate claim on the homeowner exemption) Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 3.1(f.1) [4]Show the source text
An excavator, designer or operator who proposes to commence excavation or demolition work and requests information from the One Call System shall pay to the One Call System an annual fee for the service provided by the One Call System under section 3. The fee shall be set by the One Call System board of directors ... Failure to pay the fee shall constitute a violation of this act and shall subject the excavator, designer or operator to the enforcement authority of the commission for the nonpayment.
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AgencyThe Pennsylvania Public Utility Commission (PUC) oversees compliance with the One Call Law. The PUC's Bureau of Investigation and Enforcement investigates alleged violations and presents cases to the Damage Prevention Committee (DPC), which decides whether violations occurred and whether to issue warning letters, administrative penalties or mandatory training.
PUC, Damage Prevention Enforcement web page [14]Show the source text
The Pennsylvania Public Utility Commission (PUC) oversees compliance with the Underground Utility Line Protection Law (One Call Law), which protects underground utility infrastructure by preventing damage during excavation activities. The PUC’s Bureau of Investigation and Enforcement investigate alleged violations of the law and presents cases to the Damage Prevention Committee (DPC). The DPC reviews cases during regular meetings and determines whether violations occurred and whether enforcement actions such as warning letters, administrative penalties or mandatory training are warranted.
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ProcessIn setting a penalty, the PUC and committee consider the party's compliance history, the amount of injury or property damage, the threat to public safety and inconvenience, the party's proposed changes to its practices, its degree of culpability, and other appropriate factors.
Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 7.10(b)(2) [4]Show the source text
(i) The history of the party's compliance with the act prior to the date of the violation. (ii) The amount of injury or property damage caused by the party's noncompliance. (iii) The degree of threat to the public safety and inconvenience caused by the party's noncompliance. (iv) The party's proposed modification to internal practices and procedures ... (v) The degree of the party's culpability. (vi) Other factors as may be appropriate
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TimelineA penalty must be paid within 60 days after the committee's informal determination, unless the person rejects the determination within 30 days. An unpaid penalty adds $100 per day, up to $5,000. Required damage-prevention education must be completed within 60 days, with the same $100 per day (up to $5,000) additional penalty for non-completion.
Applies when: After a Damage Prevention Committee informal determination Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 7.10(c)(2)-(4) [4]Show the source text
must pay an administrative penalty to the commission within sixty days of issuance of the informal determination, unless the person or entity subject to the informal determination rejects the informal determination within thirty days ... (3) The commission shall assess an additional administrative penalty of one hundred dollars ($100) per day, not to exceed a total of five thousand dollars ($5,000), for an administrative penalty not paid within the period specified under paragraph (2). ... shall successfully complete the program within sixty days of issuance of the informal determination.
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ProcessA person subject to a committee informal determination may accept or reject it. Rejection must be in writing within 30 days, and the matter is then referred to PUC prosecutor staff for an action resulting in a formal complaint before the Commission, which reviews the alleged violation de novo.
Applies when: Disputing an enforcement finding Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 7.8(c)(2)-(3) [4]Show the source text
If a person who is subject to an informal determination opts to reject the informal determination, the person shall reject the informal determination in writing within thirty days of the date when the informal determination is made by the committee and the matter shall be referred to the commission prosecutor staff for an action resulting in a formal complaint before the commission. ... the commission shall conduct a de novo review of the alleged violation.
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A facility owner may petition a court to stop excavation done in violation of the Act. Local law enforcement or emergency management personnel may, in the interest of public safety, order an excavator on a work site to stop excavating if the work violates the Act.
Applies when: Excavation proceeding without a valid One Call notice Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 7.10(g) [4]Show the source text
A facility owner may petition a court of competent jurisdiction to enjoin excavation or demolition work conducted in violation of this act. Local law enforcement or emergency management personnel may, in the interest of public safety, order an excavator on a work site to stop further excavation if the excavation is being conducted in violation of this act.
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TimelineUnless the Act provides otherwise, an action to recover a penalty or forfeiture, or a prosecution, under the Act must be brought within three years from the date the liability arose.
Underground Utility Line Protection Law (Act 287 of 1974, as amended), § 7.11 [4]Show the source text
Except as otherwise provided in this act, an action for the recovery of any penalty or forfeiture incurred under the provisions of this act or a prosecution on account of any matter or thing mentioned in this act may not be maintained unless brought within three years from the date at which the liability arose.
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ProcessThe PUC says an Alleged Violation Report (AVR) must be submitted when a violation of the One Call Law is suspected, for example when excavation begins without first calling 811. Filing an AVR requires a Pennsylvania One Call System web account.
PUC, Reporting Alleged Violations web page [8]Show the source text
An Alleged Violation Report (AVR) must be submitted when there is a suspected violation of the One Call Law. For example, an AVR must be filed when: Excavation begins without first calling 811; There is a failure to respect the tolerance zone around marked facilities; or There is a failure to report damage to underground facilities. You must have a Pennsylvania One Call System web account to submit an AVR.
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ProcessUnder the PUC's AVR process, a stakeholder notified of investigation findings has twenty days to accept them (the case then goes to a DPC meeting as an omnibus case) or dispute them and present its case at a future DPC meeting. Required education ends with a test that needs a passing score of 80% or higher, completed within 60 days.
Applies when: After an investigation PUC, Reporting Alleged Violations web page (AVR flowchart steps 3 and 6) [8]Show the source text
Stakeholder has twenty days to (1) accept findings and the case proceeds to a DPC meeting as an omnibus case or (2) dispute findings and present their case at a future DPC meeting. ... Stakeholders must take the required education within 60 days and complete a test with a passing score of 80% or higher.
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ProcessPA One Call says that if you see excavation and believe no one call notification was placed, you can call PA One Call at 1-800-242-1776 to place a 'No One Call' notification. It will search its records for a valid notification and, if none is found, notify the utilities in the area. The FAQ names the PUC as the agency charged with enforcing Act 287.
PA One Call System, Excavator FAQs [7]Show the source text
The Pennsylvania Public Utility Commission (PUC) is charged with enforcing PA Act 287, as amended. If you observe excavation work and have reason to believe that a one call notification was not placed, you may contact the Pennsylvania One Call System at 1-800-242-1776 to place a No One Call notification. Pennsylvania One Call System will search its records for the worksite you describe to determine if a valid notification was placed. If none is found we will notify the utilities in the area of the excavation work.
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StatusAct 127 of 2024 (SB 1237), approved October 29, 2024, made omnibus amendments to the Underground Utility Line Protection Law and took effect immediately. Among other changes, it extended the Act's expiration date from December 31, 2024 to December 31, 2031.
Act of Oct. 29, 2024, P.L. 1106, No. 127, §§ 7-8 [15]Show the source text
Section 39. This act shall expire on December 31, [2024] 2031. ... Section 8. This act shall take effect immediately. APPROVED--The 29th day of October, A.D. 2024.
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StatusAct 50 of 2017, approved October 30, 2017, made omnibus amendments to the Act. The new § 7.9 and the expiration-date amendment took effect immediately; the rest took effect in 180 days.
Act of Oct. 30, 2017, P.L. 806, No. 50, § 8 [18]Show the source text
Section 8. This act shall take effect as follows: (1) The following provisions shall take effect immediately: (i) The addition of section 7.9 of the act. (ii) The amendment of section 39 of the act. (iii) This section. (2) The remainder of this act shall take effect in 180 days. APPROVED--The 30th day of October, A.D. 2017.
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StatusHouse Bill 1525 (2025-2026 session) is a PENDING bill, not law, that would amend the Act's definitions. It passed the House on third consideration and final passage on Jan. 28, 2026 (183-16). In the Senate it was referred to the Consumer Protection & Professional Licensure committee on Jan. 30, 2026, which is its last recorded action on the bill page generated Sept. 29, 2026.
Applies when: Pending legislation; recheck before publication HB 1525, 2025-2026 Regular Session (Pa. General Assembly bill information page) [16]Show the source text
An Act amending the act of December 10, 1974 (P.L.852, No.287), referred to as the Underground Utility Line Protection Law, further providing for definitions. ... Last Action: Referred to Consumer Protection & Professional Licensure, Jan. 30, 2026 ... Third consideration and final passage, Jan. 28, 2026 (183-16) ... In the Senate ... Referred to Consumer Protection & Professional Licensure, Jan. 30, 2026 ... Generated 09/29/2026 02:33 AM
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StatusSenate Bill 1129 (2025-2026 session) is a PENDING bill, not law, that would amend the Act's definitions. Its last recorded action is referral to Consumer Protection & Professional Licensure on Jan. 12, 2026.
Applies when: Pending legislation; recheck before publication SB 1129, 2025-2026 Regular Session (Pa. General Assembly bill information page) [17]Show the source text
An Act amending the act of December 10, 1974 (P.L.852, No.287), referred to as the Underground Utility Line Protection Law, further providing for definitions. ... Last Action: Referred to Consumer Protection & Professional Licensure, Jan. 12, 2026
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ProcessDEP pre-application conferences for Chapter 105 permits are not required but are available to anyone who requests one; DEP recommends them for all first-time applicants and for complex and technically difficult projects, and DEP staff will inform the applicant of any fees, reports or license agreements that may be required. DEP's Permit Application Consulting Tool results, when submitted, may serve as the foundation for a pre-application meeting.
DEP Joint Permit Application Instructions, 3150-PM-BWEW0036 (Rev. 10/2025), "Pre-Application Conferences" [2]Show the source text
When submitted to DEP, the tool may serve as the foundation for a Pre-Application Conference/Meeting ... Pre-application conferences are not required, but are available for anyone requesting a meeting. DEP does recommend the pre-application meeting for all first-time applicants and for complex and technically difficult projects. ... They will also inform the applicant of any fees, reports or license agreements which may be required.
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AgencyAmong the Chapter 105 office responsibilities DEP lists: delegated county conservation districts review Chapter 105 General Permits 1-9 (only in delegated counties) and are not delegated to review General Permits 10, 11 or 15; DEP regional offices handle Chapter 105 and 106 permits and 401 water quality certifications not delegated to other offices; and DEP's Division of Dam Safety handles Chapter 105 regulated dams. DEP posts a map of which conservation districts are delegated. (The page also assigns certain projects to the Regional Permit Coordination Office, DEP Oil and Gas, and the mining programs.)
DEP Water Obstruction & Encroachment Contacts page, "Office Responsibilities" [19]Show the source text
Delegated County Conservation Districts – CH 105 General Permits 1-9 (Only delegated counties) DEP Regional Offices – Chapter 105 & 106 Permits and 401 Water Quality Certifications not delegated to other offices ... Division of Dam Safety – Chapter 105 regulated dams ... Note: county conservation districts are not delegated to review General Permits 10, 11, or 15. The attached map shows which county conservation districts are delegated.
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ProcessDEP's dam permit instructions direct applicants to submit three complete application packages (three completed application forms and three complete sets of attachments) with the required application fee to DEP, Bureau of Waterways Engineering and Wetlands, Division of Dam Safety, P.O. Box 8460, Harrisburg, PA 17105-8460. DEP also determines whether the project is eligible for federal authorization under the current PASPGP and, if required, forwards a copy of the application to the appropriate Corps District Office.
Applies when: Dams that require a DEP dam permit (see the PA dam-safety topic for the size thresholds) DEP Instructions for Completing Dam Permit Application, 3140-PM-BWEW0001 (Rev. 6/2018), General Information [20]Show the source text
submitting (3) complete application packages, three (3) ... completed application forms and three (3) complete sets ... of attachments and the required application fee to: ... Division of Dam Safety ... P.O. Box 8460 ... Harrisburg, PA 17105-8460 ... eligible for Federal authorization under the terms of the ... Permit (PASPGP). If required, the Department will ... forward a copy of the permit application to the ... appropriate U.S. Army Corps of Engineer’s District
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AgencyThe State Conservation Commission was created by the Conservation District Law (Act 217 of 1945) and provides administrative and policy oversight and administrative, financial, educational, information and other assistance to conservation districts; under an MOU among DEP, the Pennsylvania Department of Agriculture and the Commission, DEP's Conservation District Support Section supports Pennsylvania's conservation districts.
DEP State Conservation Commission page [21]Show the source text
The Commission was created by the Legislature of the Commonwealth of Pennsylvania by the Conservation District Law, Act 217 of 1945, and is charged with providing administrative and policy oversight, and administrative, financial, educational, information and other assistance to Conservation Districts ... Through a Memorandum of Understanding (MOU) between Pennsylvania Department of Environmental Protection (DEP), Pennsylvania Department of Agriculture (PDA) and the State Conservation Commission (SCC), the Conservation District Support Section provides wide variety of support
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AgencyFor Pennsylvania joint permit applications, DEP instructs that the Baltimore District of the U.S. Army Corps of Engineers covers the Susquehanna River Basin, the Philadelphia District covers the Delaware River Basin, and the Pittsburgh District covers the Ohio River basin and the portions of the Lake Erie and Genesee River basins located in Pennsylvania.
DEP Joint Permit Application Instructions, 3150-PM-BWEW0036 (Rev. 10/2025), Section C [2]Show the source text
Baltimore District covers the Susquehanna River Basin; Philadelphia District covers the Delaware River Basin; Pittsburgh District covers the Ohio River basin, and portions of the Lake Erie and the Genesee River Basins located in Pennsylvania.
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ProcessThe Baltimore District tells applicants that for work in Pennsylvania they submit the appropriate Pennsylvania DEP application, and lists DEP's Bureau of Waterways, Engineering, and Wetlands (Rachel Carson State Office Building, 400 Market Street, 2nd Floor, Harrisburg, PA 17101, (717) 787-8568) as the office to write or call for an application. The page also states that most Nationwide Permits have been suspended in the Baltimore and Philadelphia Districts' areas of responsibility within Pennsylvania because PASPGP-6 provides comparable Department of the Army authorization; that sentence still refers to PASPGP-6, which the same page says expired June 30, 2026 (PASPGP-7 has been active since July 1, 2026).
USACE Baltimore District, "Pennsylvania Permits" page [22]Show the source text
For work in Pennsylvania, submit the appropriate document from the Pennsylvania Department of Environmental Protection office. You may also write or call the office below for an application. ... Bureau of Waterways, Engineering, and Wetlands Rachel Carson State Office Building 400 Market Street, 2nd Floor Harrisburg, Pennsylvania 17101 (717) 787-8568 ... Most NWPs have been suspended in the Baltimore and Philadelphia District’s area of responsibility within Pennsylvania since the PASPGP-6 provides comparable Department of the Army authorization.
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ProcessThe Pittsburgh District says its Pennsylvania permits are filed jointly with PADEP: applications are submitted directly to the state, which forwards them to the Corps if a USACE review is required; if not, federal authorization is issued with the state authorization. Regulatory boundaries are drawn by a combination of state, county and watershed, so applicants should pinpoint the project on the USACE Regulatory Boundary Map to confirm the servicing district.
USACE Pittsburgh District, "Regulatory Program - Pennsylvania" (LRD website) [23]Show the source text
Permits are filed jointly with the Pennsylvania Department of Environmental Protection (PADEP). ... Regulatory boundaries are drawn by a combination of state, county, and watershed. Pinpoint your project's location with the USACE Regulatory Boundary Map to confirm the correct servicing district. ... In Pennsylvania, applications are submitted directly to the state. The state forwards the application to us if a USACE review is required. If a USACE review is not required, federal authorization is issued along with the state’s authorization.
Open U.S. Army Corps of Engineers, Great Lakes and Ohio River Division / Pittsburgh District (opens in a new tab) -
StatusPASPGP-7 became effective July 1, 2026 and will expire June 30, 2031; it authorizes work in waters of the United States within portions of Pennsylvania with no more than minimal adverse environmental effects, operating in conjunction with PADEP's state regulatory program.
USACE Philadelphia District, State Programmatic General Permits page (PASPGP-7) [24]Show the source text
PASPGP-7: authorizes work in waters of the United States within portions of the state of Pennsylvania for activities that would cause no more than minimal adverse environmental effects, individually and cumulatively, subject to the permit's specific terms and conditions. This programmatic general permit operates in conjunction with Pennsylvania's Department of the Environment's (PADEP) state regulatory program ... PASPGP-7 became effective July 1, 2026, and will expire June 30, 2031.
Open U.S. Army Corps of Engineers, Philadelphia District (opens in a new tab) -
AgencyDRBC's project review thresholds include average water withdrawals (ground or surface water, or diversions into or out of the Basin) of more than 100,000 gallons per day during any consecutive 30-day period, except that in the Southeastern Pennsylvania Ground Water Protected Area new or expanded well withdrawals averaging more than 10,000 gallons per day require a DRBC Protected Area Permit; and discharges over 50,000 gallons per day during any consecutive 30-day period, except that in Special Protection Waters (the entire non-tidal Delaware River and its drainage) approval is needed for discharges over 10,000 gallons per day. DRBC states that other projects in the Basin that may also be subject to Commission review include water impoundments, bridges, pipelines and transmission lines; the full list of reviewable project classes is in Section 401.35 of DRBC's Rules of Practice and Procedure.
Applies when: Projects in the Delaware River Basin portion of Pennsylvania DRBC "Project Review/Permitting Background" page; 18 CFR 401.35 [25]Show the source text
is more than 100,000 gallons per day (gpd) during any consecutive 30-day period. ... average withdrawal of more than 10,000 gpd during any consecutive 30-day period ... Discharges over 50,000 gpd during any consecutive 30-day period require the DRBC's approval ... In these waters, Commission approval is needed for discharges over 10,000 gpd during any consecutive 30-day period. ... Other projects in the Basin that may also be subject to Commission review include bridges, water impoundments ... Section 401.35 of the Commission's Rules of Practice and Procedure
Open Delaware River Basin Commission (opens in a new tab)
Open questions to ask the agency
Not confirmed from a primary source
We could not confirm the following from an official source. Ask the agency listed before relying on any of it.
- Whether any Pennsylvania statute, regulation or state agency guidance speaks specifically to township zoning or SALDO treatment of farm or recreation ponds, for example whether digging a pond is "land development" or an accessory use. No official source reviewed mentions ponds specifically, and local ordinances vary. — ask: The municipal zoning officer or code enforcement officer where the pond will be built; the county planning commission; DCED Governor's Center for Local Government Services (for MPC questions)
- Whether municipal grading or excavation permits, or municipal stormwater ordinances (Act 167-based or MS4 ordinances), exempt small agricultural or recreational ponds, and at what disturbance size. No statewide pond exemption was found. — ask: The municipality's engineer or zoning officer; the county planning commission; the DEP regional office Act 167 contact
- The names of DEP's current Act 167 contacts in each regional office. DEP's contact list could not be read. — ask: DEP Bureau of Clean Water, RA-EPAct167@pa.gov
- The dollar amount of PA One Call's annual service fee for excavators and contractors. — ask: Pennsylvania One Call System (Pennsylvania 811), 1-800-242-1776
- Whether a farmer or other landowner digging a pond on agricultural (non-residential) land gets the fee exemption PA One Call describes for homeowners working on their own residential property. The duty to notify before digging with powered equipment applies either way; only the fee treatment is unconfirmed. — ask: Pennsylvania One Call System (Pennsylvania 811), 1-800-242-1776
- Whether digging by hand only (no powered equipment), for example a test pit, legally requires a One Call notice. The statute covers powered equipment or explosives, while PA One Call's Homeowner FAQ says to contact 811 any time you intend to dig. — ask: PA PUC Damage Prevention staff; PUC 1-800-692-7380
- Whether any utility will mark landowner-owned farm drainage tile or private irrigation or livestock water lines. PA One Call lists drainage pipes among private lines that may not be marked. — ask: Pennsylvania One Call System; a private line-locating company listed on pa1call.org
- Whether the PUC has adopted regulations implementing the One Call law. — ask: PA PUC Bureau of Investigation and Enforcement, Damage Prevention Section, 400 North Street, Harrisburg, PA 17120; PUC 1-800-692-7380
Sources
Every statement above links to one of these official sources. Expand “Show the source text” under any statement to read the exact passage it rests on.
- Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247 (53 P.S. § 10101 et seq.), consolidated text (opens in a new tab) — Pennsylvania General Assembly (palegis.us), document date Reenacted and amended Dec. 21, 1988 (Act 170); text includes amendments through July 8, 2024 (P.L.522, No.44), retrieved September 28, 2026
- Joint Permit Application Instructions for a Pennsylvania Water Obstruction and Encroachment Permit (3150-PM-BWEW0036) (opens in a new tab) — Pennsylvania Department of Environmental Protection, document date Rev. 10/2025, retrieved September 28, 2026
- Storm Water Management Act, Act of Oct. 4, 1978, P.L. 864, No. 167 (32 P.S. § 680.1 et seq.) (opens in a new tab) — Pennsylvania General Assembly (palegis.us), document date Latest amendment shown: Apr. 18, 2018, P.L.91, No.15, retrieved September 28, 2026
- Underground Utility Line Protection Law, Act of Dec. 10, 1974, P.L. 852, No. 287, as amended (consolidated official text) (opens in a new tab) — Pennsylvania General Assembly (palegis.us), document date Text as amended through Act of Oct. 29, 2024, P.L.1106, No.127, retrieved September 28, 2026
- PA One Call - 811 (opens in a new tab) — Pennsylvania Public Utility Commission, retrieved September 28, 2026
- Homeowners - Frequently Asked Questions (opens in a new tab) — Pennsylvania One Call System, Inc. (dba Pennsylvania 811), retrieved September 28, 2026
- Excavators - Frequently Asked Questions (opens in a new tab) — Pennsylvania One Call System, Inc. (dba Pennsylvania 811), retrieved September 28, 2026
- Reporting Alleged Violations (opens in a new tab) — Pennsylvania Public Utility Commission, retrieved September 28, 2026
- Act 167 Stormwater Management Plans Frequently Asked Questions (FAQ), Version 1.2 (opens in a new tab) — Pennsylvania DEP, Bureau of Clean Water, document date September 16, 2024, retrieved September 28, 2026
- Act 167 (Stormwater Management) program page (opens in a new tab) — Pennsylvania DEP, Bureau of Clean Water, retrieved September 28, 2026
- Excavators - Excavator Responsibilities (opens in a new tab) — Pennsylvania One Call System, Inc. (dba Pennsylvania 811), retrieved September 28, 2026
- Homeowners - Five Steps to Safer Digging (opens in a new tab) — Pennsylvania One Call System, Inc. (dba Pennsylvania 811), retrieved September 28, 2026
- Privately Owned Underground Lines (opens in a new tab) — Pennsylvania One Call System, Inc. (dba Pennsylvania 811), retrieved September 28, 2026
- Damage Prevention Enforcement (opens in a new tab) — Pennsylvania Public Utility Commission, retrieved September 28, 2026
- Act of Oct. 29, 2024, P.L. 1106, No. 127 - Underground Utility Line Protection Law - Omnibus Amendments (SB 1237) (opens in a new tab) — Pennsylvania General Assembly (palegis.us), document date 2024-10-29, retrieved September 28, 2026
- House Bill 1525, 2025-2026 Regular Session - Bill Information (opens in a new tab) — Pennsylvania General Assembly (palegis.us), retrieved September 29, 2026
- Senate Bill 1129, 2025-2026 Regular Session - Bill Information (opens in a new tab) — Pennsylvania General Assembly (palegis.us), retrieved September 28, 2026
- Act of Oct. 30, 2017, P.L. 806, No. 50 - Underground Utility Line Protection Law - Omnibus Amendments (opens in a new tab) — Pennsylvania General Assembly (palegis.us), document date 2017-10-30, retrieved September 28, 2026
- Stream and Wetland Regulatory Program - Water Obstruction & Encroachment Contacts (opens in a new tab) — Pennsylvania DEP, Bureau of Waterways Engineering and Wetlands, retrieved September 28, 2026
- Instructions for Completing Dam Permit Application, 3140-PM-BWEW0001 Rev. 6/2018 (opens in a new tab) — Pennsylvania DEP, Bureau of Waterways Engineering and Wetlands, document date Rev. 6/2018, retrieved September 28, 2026
- State Conservation Commission (Conservation District Support) (opens in a new tab) — Pennsylvania DEP, retrieved September 28, 2026
- USACE Baltimore District, Pennsylvania Permits web page (2026 NWPs; Special Public Notice 26-08) (opens in a new tab) — U.S. Army Corps of Engineers, Baltimore District, document date retrieved 2026-09-28, retrieved September 28, 2026
- Regulatory Program - Pennsylvania (Pittsburgh District) (opens in a new tab) — U.S. Army Corps of Engineers, Great Lakes and Ohio River Division / Pittsburgh District, document date Published Jan. 17, 2024; updated July 6, 2026, retrieved September 28, 2026
- State Programmatic General Permits (SPGP) page (opens in a new tab) — U.S. Army Corps of Engineers, Philadelphia District, retrieved September 28, 2026
- DRBC Project Review/Permitting Background (opens in a new tab) — Delaware River Basin Commission, document date Last modified 07/01/2026, retrieved September 28, 2026
This is not legal advice. It is a plain-English summary of official sources, checked September 28, 2026. Laws, permits and agency practice change, and how they apply depends on your exact site. Confirm with the agencies named here, and with a licensed professional engineer for any dam, before you build.
Planning a pond?
Talk it through with a Natural Waterscapes pond expert before you break ground. We can help you size the project so it fits the permits you can realistically get.