Recent and Upcoming Changes to Pennsylvania Pond Rules

Sources checked September 28, 2026

A FINAL Environmental Quality Board (EQB) rule amending 25 Pa. Code Chapter 93 was published in the Pennsylvania Bulletin on July 11, 2026 (56 Pa.B. 4034) and took effect on publication. It redesignates streams as High Quality (HQ) based on their Fish and Boat Commission classification as Class A wild trout streams. [1][2]

For a new earth disturbance activity that needs a Chapter 102 permit and discharges to a stream with an HQ protected use, the EQB says the person proposing it must obtain an individual permit and comply with the antidegradation provisions, as applicable. The online Pennsylvania Code, which reflects changes only through the July 4, 2026 Bulletin, does not yet show the new designations. [1][3]

The Pennsylvania Bulletin's official 2026 list of Pa. Code chapters affected, through the Sept. 26, 2026 issue, shows no proposed or final rulemaking for 25 Pa. Code Chapters 102 (erosion and sediment control), 105 (dam safety and waterway management), 106 (floodplain management) or 110 (water resources planning). [4]

DEP published notice on Aug. 22, 2026 of a DRAFT reissued PAG-01 general permit, intended to provide NPDES coverage for stormwater discharges to surface waters for persons conducting less than 5 acres of earth disturbance; it is a draft only, and written comments were accepted through Sept. 21, 2026. Separately, the Governor's Regulatory Agenda (information current as of July 1, 2026), which says it represents the Administration's present intentions regarding future regulations, lists a planned Chapter 105 rulemaking for EQB consideration as a proposed rule in Quarter 1, 2027; it has not yet been proposed. DEP's own status chart of EQB regulations, its Regulatory Update dated Sept. 28, 2026, does not list that Chapter 105 rulemaking at any stage and does not say why. [5][6][7]

The Fish and Boat Commission's trout lists also changed. In notices published Aug. 8, 2026, the Commission announced it had approved adding 12 stream sections to its Class A wild trout list and 56 new waters to its wild trout list. In a notice published Aug. 15, 2026, it said it intends to consider adding more Class A stream sections at its Oct. 26, 2026 meeting. Under 25 Pa. Code § 105.17(1)(iii), wetlands located in or along the floodplain of the reach of a wild trout stream and the floodplain of streams tributary to it are exceptional value (EV) wetlands, which Chapter 105 gives special protection. [8][9][10][11]

This check covered Pennsylvania Bulletin Vol. 56, Nos. 28 through 39 (July 11 to Sept. 26, 2026), the issues published after the online Code's currency point. [12][13]

Key points

Official sources disagree

  • DEP's conditional State Water Quality Certification (SWQC) under Section 401 for PASPGP-7 (56 Pa.B. 284, Jan. 10, 2026) appears to say two different things about when a project-specific SWQC is needed. The notice says this SWQC is available only for projects that need no Federal authorization other than U.S. Army Corps of Engineers (Corps) authorization under Clean Water Act (CWA) section 404 or Rivers and Harbors Act section 10, and that applicants for activities not eligible for PASPGP-7, or needing another Federal authorization, must request a project-specific SWQC from DEP. Condition 4 of the same certification says applicants and projects eligible for PASPGP-7 must obtain all State permits or approvals, including a project-specific SWQC. [14]
  • StatusFINAL rule in the window: the Environmental Quality Board amended 25 Pa. Code Chapter 93 by modifying the drainage lists in §§ 93.9c, 93.9d, 93.9f, 93.9h, 93.9i, 93.9k, 93.9l, 93.9m, 93.9n, 93.9o, 93.9p, 93.9q, 93.9r, 93.9s, 93.9x and 93.9z (Class A stream redesignations). It was published July 11, 2026 at 56 Pa.B. 4034 and took effect upon that publication, so the online Pa. Code (current through July 4, 2026) does not yet show these designations.

    Applies when: Pond sites draining to any stream segment redesignated in Annex A of 56 Pa.B. 4034 25 Pa. Code Ch. 93; EQB final-form rulemaking, 56 Pa.B. 4034 (July 11, 2026) [1]
    Show the source text
    The Environmental Quality Board (Board) amends Chapter 93 (relating to water quality standards). The amendments modify the drainage lists in §§ 93.9c, 93.9d, 93.9f, 93.9h, 93.9i, 93.9k, 93.9l, 93.9m, 93.9n, 93.9o, 93.9p, 93.9q, 93.9r, 93.9s, 93.9x and 93.9z to read as set forth in Annex A. ... These amendments will be effective upon final-form publication in the Pennsylvania Bulletin.
    Open Pennsylvania Bulletin (opens in a new tab)
  • RequirementThe EQB's preamble explains the permit consequence of an HQ redesignation: a person proposing a new earth disturbance activity requiring a Chapter 102 permit, with a discharge to a stream with a protected use of HQ, must obtain an individual permit and comply with the antidegradation provisions, as applicable; where a permitted discharge existed before the receiving waterbody attained an existing or designated HQ use, those persons may continue to operate using BMPs that DEP approved and that have been implemented.

    Applies when: Pond construction whose earth disturbance requires a Chapter 102 NPDES permit and discharges to a newly redesignated HQ stream 56 Pa.B. 4034 (preamble, Regulatory Analysis discussion) [1]
    Show the source text
    A person proposing a new earth disturbance activity requiring a permit under Chapter 102 with a discharge to a stream with a protected use of HQ must obtain an individual permit and comply with the antidegradation provisions, as applicable. Where a permitted discharge existed prior to the receiving waterbody attaining an existing or designated use of HQ, those persons may continue to operate using BMPs that have been approved by the Department and implemented.
    Open Pennsylvania Bulletin (opens in a new tab)
  • StatusThe Pennsylvania Bulletin's cumulative 'List of Pa. Code Chapters Affected' for 2026 (as printed in the September 26, 2026 issue) lists adopted (final) rules in 25 Pa. Code only for Chapters 93 (at 56 Pa.B. 4034), 122, 250, 977 and 1021. Chapters 102 (erosion and sediment control), 105 (dam safety and waterway management), 106 (floodplain management) and 110 (water resources planning) do not appear, i.e., no final rulemaking amending them was published in the Bulletin in 2026 through September 26.

    Pa. Bulletin, Vol. 56, No. 39, List of Pa. Code Chapters Affected, p. 6281 [4]
    Show the source text
    25 Pa. Code (Environmental Protection) Adopted Rules Proposed Rules 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4034 ... 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5909 ... 250 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5418 ... 977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363 ... 1021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5913
    Open Pennsylvania Bulletin (pacodeandbulletin.gov) (opens in a new tab)
  • StatusThe same official 2026 list shows proposed rules in 25 Pa. Code only for Chapter 109 (safe drinking water, at 56 Pa.B. 6290) and Chapter 1021 (Environmental Hearing Board practice, at 56 Pa.B. 6035); no proposed rulemaking for Chapters 93, 102, 105, 106 or 110 was published in 2026 through September 26, 2026.

    Pa. Bulletin, Vol. 56, No. 39, List of Pa. Code Chapters Affected, p. 6281 [4]
    Show the source text
    List of Pa. Code Chapters Affected The following numerical guide is a list of the chapters of each title of the Pennsylvania Code affected by documents published in the Pennsylvania Bulletin during 2026. ... 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6290 ... 1021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6035
    Open Pennsylvania Bulletin (pacodeandbulletin.gov) (opens in a new tab)
  • StatusDRAFT general permit in the window: DEP published notice (Aug. 22, 2026) of a draft reissued PAG-01 (NPDES General Permit for Stormwater Discharges from Small Construction Activities), which is intended to provide NPDES coverage for stormwater discharges to surface waters for persons conducting less than 5 acres of earth disturbance; written comments were accepted through Monday, September 21, 2026. This is a draft only; DEP compares it with the PAG-01 General Permit that became effective March 1, 2022.

    Applies when: Pond projects with earth disturbance under 5 acres that need Chapter 102 NPDES coverage DEP notice, 56 Pa.B. 5629 (Aug. 22, 2026) [5]
    Show the source text
    announcing the availability of a draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Small Construction Activities (PAG-01). ... PAG-01 is intended to provide NPDES permit coverage for storm- water discharges to surface waters to persons conducting less than 5 acres of earth disturbance. ... as compared to the PAG-01 General Permit that became effective on March 1, 2022 (2022 General Permit). ... through Monday, September 21, 2026.
    Open Pennsylvania Bulletin (DEP notice) (opens in a new tab)
  • StatusPLANNED (not yet proposed): the Governor's Regulatory Agenda (published July 25, 2026; information current as of July 1, 2026) lists a DEP 'Dam Safety and Waterway Management' rulemaking amending 25 Pa. Code Chapter 105 (updates and clarifications to definitions and requirements to improve permit application submission and permit review efficiency), targeted for EQB consideration as a proposed rule in Quarter 1, 2027. The agenda states it represents the Administration's present intentions.

    Governor's Regulatory Agenda, 56 Pa.B. 4485 (July 25, 2026) [6]
    Show the source text
    This Agenda represents the Administration's present intentions regarding future regulations. The information provided is current as of July 1, 2026. ... Dam Safety and Waterway Management 25 Pa. Code Chapter 105 | Quarter 1, 2027, EQB Consideration, as Proposed | This rulemaking proposes to amend Chapter 105 to provide updates and clarifications to definitions, requirements to improve permit application submission and permit review efficiency.
    Open Pennsylvania Bulletin (Legislative Reference Bureau) (opens in a new tab)
  • DefinitionWhy the wild trout list matters for pond permitting: under 25 Pa. Code § 105.17(1)(iii), wetlands located in or along the floodplain of the reach of a wild trout stream (and the floodplain of streams tributary to it) are exceptional value wetlands, which Chapter 105 gives special protection.

    25 Pa. Code § 105.17(1)(iii) [11]
    Show the source text
    (1) Exceptional value wetlands. This category of wetlands deserves special protection. ... (iii) Wetlands that are located in or along the floodplain of the reach of a wild trout stream or waters listed as exceptional value under Chapter 93 (relating to water quality standards) and the floodplain of streams tributary thereto
    Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

FINAL: Class A stream redesignations to High Quality (effective July 11, 2026)

The EQB's final rule amends the Chapter 93 drainage lists in §§ 93.9c, 93.9d, 93.9f, 93.9h, 93.9i, 93.9k, 93.9l, 93.9m, 93.9n, 93.9o, 93.9p, 93.9q, 93.9r, 93.9s, 93.9x and 93.9z as set out in its Annex A. It was published July 11, 2026 and took effect on that publication. [1]

The rule relies on 25 Pa. Code § 93.4b(a)(2)(ii): a surface water that the Fish and Boat Commission has classified as a Class A wild trout stream, based on species-specific biomass standards and after public notice and comment, qualifies for DEP evaluation for HQ designation. [1]

The Independent Regulatory Review Commission (IRRC), which approved the rule (Regulation #7-583) on April 23, 2026, describes it as redesignating 489.35 stream miles to HQ. [2]

The EQB's preamble says a person proposing a new earth disturbance activity that requires a Chapter 102 permit, with a discharge to a stream with a protected use of HQ, must obtain an individual permit and comply with the antidegradation provisions, as applicable. Where a permitted discharge existed before the receiving water attained an existing or designated HQ use, the persons with that discharge may continue to operate using best management practices (BMPs) that DEP approved and that have been implemented. [1]

DEP's PAG-01 instructions say PAG-01 coverage is unavailable if stormwater runoff will discharge to surface waters, including wetlands, with a designated or existing use of HQ or EV. 25 Pa. Code § 102.6 sets a $1,500 administrative filing fee for an individual permit and a $500 fee for a general permit, plus $100 per disturbed acre for projects of 1 acre or more; conservation districts may charge additional fees. [15][16]

The online Code lags the Bulletin: it reflects changes effective only through 56 Pa.B. 4026 (July 4, 2026). For example, the Code website still lists the Sugar Hollow Creek basin (Monroe County, Drainage List D) as CWF, MF (Cold Water Fishes, Migratory Fishes), while the July 11, 2026 rule's Annex A lists it as HQ-CWF, MF (High Quality Waters-Cold Water Fishes, Migratory Fishes). [1][3][17][18]

  • DefinitionThe EQB preamble to the July 11, 2026 rule states that the redesignations rely on 25 Pa. Code § 93.4b(a)(2)(ii) to qualify streams for High Quality (HQ) designation based on their Fish and Boat Commission (PFBC) classification as Class A wild trout streams; a surface water the PFBC has classified as a Class A wild trout stream (based on species-specific biomass standards, after public notice and comment) qualifies for DEP evaluation of the stream for HQ designation.

    56 Pa.B. 4034 (preamble), describing 25 Pa. Code § 93.4b(a)(2)(ii) [1]
    Show the source text
    The stream redesignations rely on § 93.4b(a)(2)(ii) (relating to qualifying as High Quality or Exceptional Value Waters) to qualify streams for HQ designations based upon their classifications by the PFBC as Class A wild trout streams. A surface water that the PFBC has classified as a Class A wild trout stream, based on species-specific biomass standards, and following public notice and comment, qualifies for Department evaluation of the stream for HQ designation.
    Open Pennsylvania Bulletin (opens in a new tab)
  • Size cutoffIRRC's record for this rulemaking (Regulation #7-583) states it redesignates 489.35 stream miles to High Quality based on Class A wild trout classification; IRRC approved it April 23, 2026 and it was published as final July 11, 2026.

    IRRC Regulation #7-583 (IRRC #3423) [2]
    Show the source text
    Regulation #7-583: Water Quality Standards: Class A Stream Redesignations Redesignates 489.35 stream miles to High Quality based upon their classifications as Class A Wild Trout Streams. ... Published as Final | July 11, 2026 | Actions Taken | | IRRC Approval | April 23, 2026
    Open Pennsylvania Independent Regulatory Review Commission (opens in a new tab)
  • StatusThe Pennsylvania Code website states that it reflects Pennsylvania Code changes effective through 56 Pa.B. 4026 (July 4, 2026); rulemakings published in the Pennsylvania Bulletin after that point are not yet reflected in the online Code text.

    Pennsylvania Code website currency note (25 Pa. Code Chapter 105 page) [3]
    Show the source text
    The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 56 Pa.B. 4026 (July 4, 2026).
    Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

DRAFT: reissued PAG-01 for small construction sites (published Aug. 22, 2026; not in effect)

DEP's draft reissued PAG-01 (56 Pa.B. 5629, Aug. 22, 2026) is intended to provide NPDES coverage for stormwater discharges to surface waters for persons conducting less than 5 acres of earth disturbance. It is a draft only. The current PAG-01 took effect March 1, 2022 and expires Feb. 28, 2027. [5][19]

The draft would add construction dewatering rules similar to PAG-02: dewatering water discharged to surface waters would have to be treated by an approved series of at least two erosion and sediment control (E&S) best management practices (BMPs), or one BMP if it would produce outflow turbidity no greater than 50 Nephelometric Turbidity Units (NTU). [5]

Under the draft, if the reduction, loss or failure of a BMP or stormwater control measure (SCM) has resulted, or is likely to result, in sediment or other pollutants flowing off the site or being discharged to surface waters, repair or replacement would have to begin immediately upon discovery; in other cases it would have to begin within 24 hours and be completed within 7 days of discovery, unless DEP or the conservation district requires otherwise. [5]

The draft would eliminate the current 30-day and 60-day review options; Notices of Intent (NOIs) would be due at least 60 days before the planned start of earth disturbance. DEP anticipates that holders of existing PAG-01 coverage who want to continue it will need to submit an NOI to DEP or the delegated county conservation district by Feb. 28, 2027, and the draft would require an annual report each year by Feb. 28. [5][20]

DEP says the draft's proposed fees, a $500 administrative filing fee and $100 per disturbed acre, have not changed from the 2022 PAG-01. Separately, 25 Pa. Code § 102.6 sets a $500 administrative filing fee for general permits plus $100 per disturbed acre for projects of 1 acre or more. [5][16]

Under the draft, the existing post-construction stormwater management (PCSM) Alternatives 1 (site restoration) and 2 (sheet-flow or concentrated-flow standards, or both) would remain, and the limits of 30,000 square feet of new impervious surface within the disturbed area and 12% total impervious surface on the site after construction would apply only to Alternative 2. Under a new Alternative 3, any amount of impervious surface less than 5 acres could be proposed; the applicant would prepare a PCSM Plan for municipal review and submit a new Municipal PCSM Plan Approval Form, on which a licensed professional would attest, among other things, that the municipality has an ordinance that requires PCSM and is at least as stringent as DEP's PCSM requirements. DEP says Alternative 3 would be available to applicants of projects within municipalities operating under an NPDES Municipal Separate Storm Sewer System (MS4) permit and municipalities that have adopted an ordinance. [5][21]

The draft would also require non-discharge alternatives or ABACT (antidegradation best available combination of technologies) E&S BMPs and PCSM SCMs where receiving waters are impaired for siltation, suspended solids, turbidity, water/flow variability, flow alterations/modifications or nutrients. It would drop the requirement that projects be located on the same or contiguous tax parcels and the ban on off-site runoff entering PCSM BMPs/SCMs. It would also require that site inspections be conducted only by qualified personnel, require a Preparedness, Prevention and Contingency (PPC) Plan, and require an Erosion Potential Analysis for certain stormwater discharges that will not directly enter a surface water. [5][22]

  • RequirementThe draft would add PAG-02-style construction dewatering rules: dewatering water discharged to surface waters would have to pass through an approved series of at least two E&S BMPs, or one BMP if it produces outflow turbidity no greater than 50 NTU.

    Applies when: Pumping water out of an excavation (e.g., a dug pond) to surface waters under PAG-01 coverage Draft PAG-01, as described at 56 Pa.B. 5629 [5]
    Show the source text
    Dewatering water would need to be treated by an approved series of at least two E&S BMPs or one BMP if it would produce an outflow turbidity concentration of no greater than 50 Nephelometric Turbidity Units, where discharges are proposed to surface waters, similar to PAG-02.
    Open Pennsylvania Bulletin (DEP notice) (opens in a new tab)
  • TimelineThe draft would require a failed BMP or SCM to be repaired immediately upon discovery if sediment or other pollutants are, or are likely to be, leaving the site or reaching surface waters; otherwise repair must begin within 24 hours and be completed within 7 days of discovery unless DEP or the conservation district requires otherwise.

    Draft PAG-01, as described at 56 Pa.B. 5629 [5]
    Show the source text
    A permittee must initiate the repair or replacement of a BMP or SCM immediately upon discovery if the reduction, loss or failure of a BMP or SCM has resulted in or is likely to result in sediment or other pollutants flowing off the site or being discharged to surface waters. In other circumstances, the permittee must initiate the repair or replacement within 24 hours of discovery and complete the repair or replacement within 7 days of discovery unless otherwise required by the Department or the CCD.
    Open Pennsylvania Bulletin (DEP notice) (opens in a new tab)
  • TimelineThe draft would eliminate the current 30-day/60-day review-period options; Notices of Intent would be due at least 60 days before the planned start of earth disturbance.

    Draft PAG-01, as described at 56 Pa.B. 5629 [5]
    Show the source text
    The Department is also proposing to eliminate the two review period options (that is, 30 days or 60 days depending on the project's conformance with county and municipal plans and ordinances) to avoid confusion with the proposed PCSM Alternative 3. NOIs would be due at least 60 days prior to the planned date of beginning earth disturbance.
    Open Pennsylvania Bulletin (DEP notice) (opens in a new tab)
  • FeeDEP states that the proposed (draft) PAG-01 fees - a $500 administrative filing fee and a disturbed-acreage fee of $100 per disturbed acre - have not changed in comparison to the 2022 General Permit (the PAG-01 General Permit that became effective March 1, 2022).

    Draft PAG-01, as described at 56 Pa.B. 5629 (Aug. 22, 2026) [5]
    Show the source text
    as compared to the PAG-01 General Permit that became effective on March 1, 2022 (2022 General Permit). ... The proposed administrative filing fee ($500) and disturbed acreage fee ($100 per disturbed acre) have not changed in comparison to the 2022 General Permit.
    Open Pennsylvania Bulletin (DEP notice) (opens in a new tab)
  • TimelineDEP anticipates that holders of existing PAG-01 coverage who want to continue coverage will need to submit an NOI to DEP or the delegated county conservation district by February 28, 2027; the draft would also require an annual report each year by February 28, the anniversary of the permit's expiration date.

    Draft PAG-01, as described at 56 Pa.B. 5629 [5]
    Show the source text
    The Department is proposing that an annual report be submitted each year by February 28, which would be the anniversary of the General Permit's expiration date ... The Department anticipates that permittees with existing PAG-01 coverage that are interested in continuing their coverage will need to submit an NOI to the appropriate Department or delegated county conservation district office by February 28, 2027.
    Open Pennsylvania Bulletin (DEP notice) (opens in a new tab)

Stream evaluations and trout-list additions under way

In notices published Aug. 8, 2026, the Fish and Boat Commission announced it had approved adding 12 stream sections to its Class A wild trout stream list, and revising its wild trout stream list to add 56 new waters and change the listing or limits of 4 listed waters. The Commission says a wild trout listing is a biological designation that does not determine how a stream is managed. [8][9]

These lists matter for pond permitting. Under 25 Pa. Code § 93.4b(a)(2)(ii), a stream the Commission has classified as Class A (based on species-specific biomass standards, after public notice and comment) qualifies for DEP evaluation for HQ designation. Chapter 105 defines a wild trout stream as a stream the Commission identifies as supporting naturally reproducing trout populations under 58 Pa. Code § 57.11, and under § 105.17(1)(iii) wetlands located in or along the floodplain of the reach of a wild trout stream and the floodplain of streams tributary to it are exceptional value wetlands. [1][11][23]

More additions are under consideration. The Commission gave notice on Aug. 15, 2026 that at its Oct. 26, 2026 meeting it will consider adding surveyed stream sections to the Class A wild trout list and adding streams or portions of streams to the wild trout list. [10][24]

DEP announced on Sept. 5, 2026 (56 Pa.B. 5988) that it will evaluate the protected use of Stanton Brook (McKean County, now designated HQ-CWF) and Kettle Creek (Blair County, now designated WWF, MF: Warm Water Fishes, Migratory Fishes). Interested persons may submit data through Oct. 5, 2026, and the evaluations may lead to redesignation recommendations to the EQB; no designation has changed yet. [18]

  • StatusNOTICE in the window: the Fish and Boat Commission approved adding 12 stream sections to its list of Class A wild trout streams (additions set forth at 56 Pa.B. 2940), announced August 8, 2026 under the § 57.8a policy.

    58 Pa. Code § 57.8a; PFBC notice, 56 Pa.B. 5355 (Aug. 8, 2026) [8]
    Show the source text
    The Fish and Boat Commission (Commission) approved the addition of 12 stream sections to its list of Class A wild trout streams as set forth at 56 Pa.B. 2940 (May 16, 2026).
    Open Pennsylvania Bulletin (opens in a new tab)
  • StatusNOTICE in the window: the Commission approved revisions to its wild trout stream list adding 56 new waters and changing the listing or limits of 4 listed waters (August 8, 2026). The Commission states that wild trout listing is a biological designation that does not determine how a stream is managed.

    58 Pa. Code § 57.11; PFBC notice, 56 Pa.B. 5356 (Aug. 8, 2026) [9]
    Show the source text
    The Fish and Boat Commission (Commission) approved revisions to its list of wild trout streams, which include 56 new waters and listing or limit changes to 4 waters that are currently listed. ... The listing of a stream section as a wild trout stream is a biological designation that does not determine how it is managed.
    Open Pennsylvania Bulletin (opens in a new tab)
  • ProcessPROPOSED list changes in the window: the Commission gave notice (August 15, 2026) that it intends to consider, at its October 26, 2026 meeting, adding further surveyed stream sections to the Class A wild trout list. Comments were due within 30 days after publication, so the comment period has closed; as of September 29, 2026 the Commission's decision at the October 26, 2026 meeting is pending.

    58 Pa. Code § 57.8a; PFBC notice, 56 Pa.B. 5493 (Aug. 15, 2026) [10]
    Show the source text
    [56 Pa.B. 5493] [Saturday, August 15, 2026] ... During recent surveys, Commission staff documented the following stream sections to have Class A wild trout populations. The Commission intends to consider adding these waters to its list of Class A wild trout streams at its meeting on October 26, 2026. ... within 30 days after publication of this notice in the Pennsylvania Bulletin.
    Open Pennsylvania Bulletin (opens in a new tab)
  • ProcessPROPOSED list changes in the window: at the same October 26, 2026 meeting the Commission will consider adding listed streams or stream portions to the wild trout stream list (notice published August 15, 2026). The notice's 30-day comment period has closed; as of September 29, 2026 the Commission's decision at that meeting is pending.

    58 Pa. Code § 57.11; PFBC notice, 56 Pa.B. 5496 (Aug. 15, 2026) [24]
    Show the source text
    [56 Pa.B. 5496] [Saturday, August 15, 2026] ... At the next Commission meeting on October 26, 2026, the Commission will consider changes to its list of wild trout streams. Specifically, the Commission will consider the addition of the following streams or portions of streams to the list ... within 30 days after publication of this notice in the Pennsylvania Bulletin.
    Open Pennsylvania Bulletin (opens in a new tab)
  • ProcessNOTICE in the window: DEP announced (56 Pa.B. 5988, Sept. 5, 2026) that it will evaluate the protected use of Stanton Brook (McKean County, now HQ-CWF) and Kettle Creek (Blair County, now WWF, MF) under § 93.4d; data could be submitted through October 5, 2026, and the evaluations may lead to redesignation recommendations to the EQB. No designation has changed yet.

    25 Pa. Code § 93.4d; DEP notice, 56 Pa.B. 5988 (Sept. 5, 2026) [18]
    Show the source text
    Under 25 Pa. Code § 93.4d (relating to processing of petitions, evaluations and assessments to change a designated use), the Department of Environmental Protection (Department) gives notice that evaluations will be conducted on the stream sections listed in the following table ... Stanton Brook is currently designated High Quality Waters—Cold Water Fishes ... Kettle Creek is currently designated Warm Water Fishes Waters, Migratory Fishes ... Interested persons may submit data through October 5, 2026.
    Open Pennsylvania Bulletin (Legislative Reference Bureau) (opens in a new tab)

PLANNED: regulatory and guidance agenda items and pending bills

The Governor's semi-annual Regulatory Agenda (56 Pa.B. 4485, published July 25, 2026; information current as of July 1, 2026) says it represents the Administration's present intentions. It lists a planned DEP 'Dam Safety and Waterway Management' rulemaking to amend Chapter 105, described as updates and clarifications to definitions and requirements to improve permit application submission and permit review efficiency, for EQB consideration as a proposed rule in Quarter 1, 2027; it has not yet been proposed. DEP's Regulatory Update dated Sept. 28, 2026, its status chart of Environmental Quality Board regulations, does not list this Chapter 105 rulemaking and lists no rulemaking identified as amending Chapter 102, 105, 106 or 110 at any stage; it does not say why the Chapter 105 item is missing. [6][7]

The earlier Chapter 105 proposal is not pending: IRRC shows the EQB proposal published Dec. 5, 2020 (Regulation #7-556) as 'Withdrawn By Law' on Feb. 3, 2023, with no final-form regulation received. [25]

The same agenda lists these planned rulemakings, not yet proposed, each for EQB consideration as a proposed rule: two Chapter 93 stream redesignation rulemakings (Chester Creek et al. and Hosensack Creek et al.) in Quarter 4, 2026; a Triennial Review of Water Quality Standards, with updates to the Toxics Management Strategy statement of policy (Chapters 93 and 16), in Quarter 2, 2027; and a rulemaking on water withdrawals, diversions and consumptive uses in the Great Lakes-St. Lawrence River Basin in Quarter 3, 2027. In DEP's Sept. 28, 2026 Regulatory Update, the Chester Creek rulemaking's status is 'Program developing proposed rulemaking package'; the Hosensack Creek rulemaking is listed as a pre-draft proposed regulation whose status still reads 'Scheduled for presentation to the AAB on August 6, 2026', a date that has passed, and the chart does not say whether that presentation took place; the Great Lakes rulemaking, identified only as 25 Pa. Code Part I, Subpart C, Article II, has the status 'Program developing proposed regulatory amendments'; and the Triennial Review does not appear. [6][7]

DEP's Non-Regulatory Agenda (Rev. 7/2026) lists planned technical guidance. For Chapter 102, it targeted Quarter 3, 2026 to publish as final the Act 162 Implementation Guidance for Riparian Buffers, which would replace three interim final guidance documents on Act 162 implementation for Chapter 102 earth disturbance activities; no Pennsylvania Bulletin issue of that quarter, through the last one on Sept. 26, 2026, carried a notice of its publication. For Quarter 4, 2026 it plans to publish as a draft the Erosion and Sediment Pollution Control Program Manual, an update to the 2012 E&S Manual, and as final a minor revision of the Soil Erosion and Sediment Control Manual for Agricultural Operations; for Quarter 2, 2027 it plans to publish as final the Post-Construction Stormwater Management (PCSM) Manual, an update to the 2006 Pennsylvania Stormwater Best Management Practices Manual. For Chapter 105 and wetlands, it plans for Quarter 4, 2026 a draft substantive revision of the Pennsylvania Function-Based Aquatic Resources Compensation Protocol, which addresses compensatory mitigation for impacts to aquatic resources under 25 Pa. Code § 105.20a, and rescission of the Pennsylvania Wetland Replacement Project guidance. These are planned targets, not published documents. [26][27]

Two PENDING bills of the 2025-2026 session, House Bill 1525 and Senate Bill 1129, would amend the definitions in the Underground Utility Line Protection Law; neither is law. HB 1525 passed the House on Jan. 28, 2026 and was referred in the Senate to the Consumer Protection & Professional Licensure committee on Jan. 30, 2026; that referral is its last recorded action on the bill page generated Sept. 29, 2026. SB 1129's last recorded action is referral to Consumer Protection & Professional Licensure on Jan. 12, 2026. [28][29]

  • StatusThe earlier EQB Chapter 105 rulemaking, IRRC Regulation #7-556 (Dam Safety and Waterway Management), published as proposed December 5, 2020, is shown as 'Withdrawn By Law' on February 3, 2023, with no final-form regulation received - so that proposal is not pending.

    IRRC Regulation #7-556 (IRRC #3278) [25]
    Show the source text
    Regulation #7-556: Dam Safety and Waterway Management ... PA Bulletin Publish Date | December 05, 2020 | Regulation Status | Proposed ... 25 Pa. Code Chapter 105 | Final Due By | February 03, 2023 ... Final-Form Regulation Received | N/A ... Withdrawn By Law | February 03, 2023
    Open Pennsylvania Independent Regulatory Review Commission (opens in a new tab)
  • StatusPLANNED (not yet proposed): the Governor's semi-annual Regulatory Agenda (published July 25, 2026; information current as of July 1, 2026) lists two DEP Chapter 93 stream-redesignation rulemakings (Chester Creek et al. and Hosensack Creek et al.) for EQB consideration as proposed rules in Quarter 4, 2026.

    Governor's Regulatory Agenda, 56 Pa.B. 4485 (July 25, 2026) [6]
    Show the source text
    The information provided is current as of July 1, 2026. ... Water Quality Standards—Chester Creek et al. Stream Redesignations 25 Pa. Code Chapter 93 | Quarter 4, 2026, EQB Consideration, as Proposed ... Hosensack Creek et al. Stream Redesignations 25 Pa. Code Chapter 93 | Quarter 4, 2026, EQB Consideration, as Proposed
    Open Pennsylvania Bulletin (Legislative Reference Bureau) (opens in a new tab)
  • StatusPLANNED (not yet proposed): the same agenda lists a Triennial Review of Water Quality Standards (# 11) amending Chapter 93 and the Chapter 16 policy for EQB consideration as a proposed rule in Quarter 2, 2027.

    Governor's Regulatory Agenda, 56 Pa.B. 4485 (July 25, 2026) [6]
    Show the source text
    Triennial Review of Water Quality Standards (# 11) and Updates to Toxics Management Strategy—Statement of Policy 25 Pa. Code Chapters 93 and 16 | Quarter 2, 2027, EQB Consideration, as Proposed
    Open Pennsylvania Bulletin (Legislative Reference Bureau) (opens in a new tab)
  • StatusPLANNED (not yet proposed): the agenda also lists a rulemaking on water withdrawals, diversions and consumptive uses in the Great Lakes-St. Lawrence River Basin (25 Pa. Code Part I, Subpart C, Article II) for EQB consideration as a proposed rule in Quarter 3, 2027.

    Applies when: Ponds filled by withdrawals in the Lake Erie (Great Lakes) watershed Governor's Regulatory Agenda, 56 Pa.B. 4485 (July 25, 2026) [6]
    Show the source text
    Water Withdrawals, Diversions and Consumptive Uses in the Great Lakes—St. Lawrence River Basin 25 Pa. Code Part I, Subpart C, Article II | Quarter 3, 2027, EQB Consideration, as Proposed | This proposed rulemaking would adopt procedures to implement and enforce the Commonwealth's obligations relating to new or increased withdrawals, consumptive uses and diversions of water from the Great Lakes—St. Lawrence River Basin.
    Open Pennsylvania Bulletin (Legislative Reference Bureau) (opens in a new tab)
  • StatusDEP's 'DEP Regulatory Update' dated September 28, 2026, its status chart for Environmental Quality Board regulations, lists two 25 Pa. Code Chapter 93 stream-redesignation rulemakings in progress: Chester Creek et al. (#7-592), with the status 'Program developing proposed rulemaking package'; and Hosensack Creek et al., listed under pre-draft proposed regulations with a status that still reads 'Scheduled for presentation to the AAB on August 6, 2026' - a date that has passed, and the chart does not say whether that presentation took place. It also shows the final Class A Stream Redesignations rule as published in the Pennsylvania Bulletin on July 11, 2026. It lists no rulemaking identified as amending Chapter 102, 105, 106 or 110 at any stage. The Great Lakes water-withdrawal rulemaking, with the status 'Program developing proposed regulatory amendments', is identified only as 25 Pa. Code Part I, Subpart C, Article II, with no chapter named. The Chapter 105 'Dam Safety and Waterway Management' rulemaking named in the July 2026 Governor's Regulatory Agenda does not appear in the chart, and neither does that agenda's Triennial Review of Water Quality Standards (# 11).

    Pa. DEP, DEP Regulatory Update (Environmental Quality Board regulations), September 28, 2026 [7]
    Show the source text
    DEP REGULATORY UPDATE September 28, 2026 ENVIRONMENTAL QUALITY BOARD REGULATIONS ... Chester Creek et al. ... Program developing proposed rulemaking package. Redesignations (#7-592) 25 Pa. Code Chapter 93 ... Pre-Draft Proposed Regulations ... Hosensack Creek et al. ... Scheduled for presentation to the AAB on August 6, 2026. Redesignations 25 Pa. Code Chapter 93 ... Program developing proposed regulatory amendments. Great Lakes ... 25 Pa. Code Part I, Subpart C, Article II ... Class A Stream Redesignations Current Status: Final rule published in the Pennsylvania Bulletin on July 11, 2026
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)
  • StatusDEP's Non-Regulatory Agenda (0120-RE-DEP4509, Rev. 7/2026) lists planned actions on technical guidance documents (TGDs), policies and other documents, each with a planned action and a target quarter. Chapter 102 items relevant to ponds include: (1) Act 162 Implementation Guidance for Riparian Buffers (310-2135-001), listed as a new TGD that would replace three interim final TGDs regarding Act 162 implementation for Chapter 102 earth disturbance activities. The agenda targeted Quarter 3, 2026 to publish it as final; no Pennsylvania Bulletin issue of that quarter, through the last one on Sept. 26, 2026, carried a notice of its publication. (2) A minor revision of the Soil Erosion and Sediment Control Manual for Agricultural Operations (383-4200-002), which explains the requirements of an Ag E&S Plan under 25 Pa. Code § 102.4(a), planned to be published as final in Quarter 4, 2026. These are planned targets, not published documents.

    Pa. DEP, Non-Regulatory Agenda, 0120-RE-DEP4509 Rev. 7/2026 (DEP eLibrary docID 1466113) [26]
    Show the source text
    Non-Regulatory Agenda 0120-RE-DEP4509 Rev. 7/2026 ... Replacement for three (3) Interim final TGDs Publish as ... Act 162 Implementation ... regarding Act 162 Final ... Guidance for Riparian 310-2135-001 TGD/New ... implementation for Quarter 3, ... Buffers ... Chapter 102 earth 2026 ... disturbance activities. ... This guidance explains the Publish as ... Soil Erosion and ... requirements of an Ag E&S TGD/ Final ... Sediment Control Manual 383-4200-002 ... Plan under 25 Pa. Code § Minor Revision Quarter 4, ... for Agricultural Operations ... 102.4(a). 2026 ... Policy/Substantive
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)
  • StatusThe same Non-Regulatory Agenda (0120-RE-DEP4509, Rev. 7/2026) also lists these planned Chapter 105 and wetland guidance actions: (1) a substantive revision of the Pennsylvania Function-Based Aquatic Resources Compensation Protocol (310-2137-001), which addresses determining the appropriate level of compensatory mitigation required for impacts to aquatic resources under 25 Pa. Code § 105.20a, planned as a draft in Quarter 4, 2026; and (2) rescission, in Quarter 4, 2026, of the Pennsylvania Wetland Replacement Project guidance (363-0200-003), which the agenda calls an outdated technical guidance document that is no longer applicable. These are planned targets, not published documents.

    Pa. DEP, Non-Regulatory Agenda, 0120-RE-DEP4509 Rev. 7/2026 (DEP eLibrary docID 1466113) [26]
    Show the source text
    Non-Regulatory Agenda 0120-RE-DEP4509 Rev. 7/2026 ... Pennsylvania Function- ... determining the appropriate TGD/ Substantive Draft ... Based Aquatic Resources 310-2137-001 ... level of compensatory Revision Quarter 4, ... Compensation Protocol ... mitigation required for 2026 ... impacts to aquatic ... resources under 25 Pa ... Code § 105.20a. ... This outdated technical ... Rescind ... Pennsylvania Wetland ... 363-0200-003 guidance document is no TGD/ Rescission ... Quarter 4, Replacement Project ... longer applicable. ... 2026
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)
  • StatusThe same Non-Regulatory Agenda (0120-RE-DEP4509, Rev. 7/2026) also plans two Chapter 102 manual updates: (1) the Post-Construction Stormwater Management (PCSM) Manual (386-0300-001), an update to the 2006 Pennsylvania Stormwater Best Management Practices Manual for Chapter 102 earth disturbance activities, planned to be published as final in Quarter 2, 2027; and (2) the Erosion and Sediment Pollution Control Program Manual (386-0300-002), an update to the 2012 E&S Manual for Chapter 102 earth disturbance activities, planned to be published as a draft in Quarter 4, 2026. These are planned targets, not published documents.

    Pa. DEP, Non-Regulatory Agenda, 0120-RE-DEP4509 Rev. 7/2026 (DEP eLibrary docID 1466113) [26]
    Show the source text
    Non-Regulatory Agenda 0120-RE-DEP4509 Rev. 7/2026 ... Update to the ... 2006 Pennsylvania Publish as ... Post-Construction ... Stormwater Best TGD/ Substantive Final ... Stormwater Management 386-0300-001 ... Management Practices Revision Quarter 2, ... (PCSM) Manual ... Manual for Chapter 102 2027 ... earth disturbance activities. ... Publish as ... Erosion and Sediment Update to the 2012 E&S ... TGD/ Substantive Draft ... Pollution Control Program 386-0300-002 Manual for Chapter 102 ... Revision Quarter 4, ... Manual earth disturbance activities. ... 2026
    Open Pennsylvania Department of Environmental Protection (opens in a new tab)

Federal permits: PASPGP-7, nationwide permits and WOTUS

The U.S. Army Corps of Engineers' (Corps) Special Public Notice SPN-26-21 (June 15, 2026) said PASPGP-7 would be in full effect in the applicable portions of Pennsylvania on July 1, 2026. PASPGP-7 became effective that day, just before the period checked, and will expire June 30, 2031. [30][31]

DEP published its conditional Section 401 water quality certification for PASPGP-7 on Jan. 10, 2026 (56 Pa.B. 284). Its conditions include that, before beginning any PASPGP-7 activity, the applicant obtain from DEP all necessary environmental permits or approvals required under State law, including under The Clean Streams Law, the Dam Safety and Encroachments Act and 25 Pa. Code Chapters 93, 102 and 105 (among others), and that fill material contain no waste as defined in section 103 of the Solid Waste Management Act. [14]

The certification is available only for projects that need no Federal authorization other than Corps authorization under Clean Water Act (CWA) section 404 or Rivers and Harbors Act section 10; applicants for activities not eligible for PASPGP-7, or needing another Federal authorization, must request a project-specific certification from DEP. [14]

The Corps' Baltimore District Pennsylvania permits page says Special Public Notice 26-08 (March 13, 2026) announced the final suspensions and regional conditions for the 2026 nationwide permits (NWPs) in Pennsylvania. [31]

The Corps' Baltimore and Philadelphia District public-notice lists for the period checked include no Pennsylvania NWP suspension or revocation notice. [32][33][34][35]

EPA and the Army published a PROPOSED supplemental rulemaking notice on the definition of 'waters of the United States' on Sept. 9, 2026 (91 FR 57284), supplementing their Nov. 20, 2025 proposal; comments are due Oct. 9, 2026, and it is not a final rule. It seeks comment on supplemental regulatory options for the revised definitions of 'relatively permanent' and 'continuous surface connection' and on adding a definition of 'perennial'. [36]

  • StatusThe Corps announced (Special Public Notice SPN-26-21, June 15, 2026) that PASPGP-7 would be implemented and in full effect in the applicable portions of Pennsylvania on July 1, 2026 - i.e., it took effect just before the window began.

    USACE Special Public Notice SPN-26-21 (June 15, 2026) [30]
    Show the source text
    The PASPGP-7 will be implemented and in full effect in the applicable portions of the Commonwealth of Pennsylvania on 1 July 2026.
    Open U.S. Army Corps of Engineers, Philadelphia District (opens in a new tab)
  • StatusThe Section 401 water quality certification for PASPGP-7 predates the window: DEP published its conditional State Water Quality Certification (SWQC) for PASPGP-7 at 56 Pa.B. 284 on January 10, 2026, for applicants whose projects need no Federal license or permit other than a Section 404 permit.

    DEP notice, 56 Pa.B. 284 (Jan. 10, 2026); CWA § 401, 33 U.S.C. 1341 [14]
    Show the source text
    [56 Pa.B. 284] [Saturday, January 10, 2026] ... The Department is providing notice of its conditional SWQC for use by applicants seeking coverage under PASPGP-7 for projects that do not require any Federal license or permit other than a section 404 permit under the CWA.
    Open Pennsylvania Bulletin (Legislative Reference Bureau) (opens in a new tab)
  • RequirementConditions of the PASPGP-7 SWQC include: (1) before beginning any activity authorized by the Corps under PASPGP-7, the applicant shall obtain from DEP all necessary environmental permits or approvals required under State law, including under The Clean Streams Law, the Dam Safety and Encroachments Act and regulations including 25 Pa. Code Chapters 93, 102 and 105 (among others); (3) fill material may not contain any waste as defined in section 103 of the Solid Waste Management Act; and (4) applicants and projects eligible for PASPGP-7 must obtain all State permits or approvals, including a project-specific SWQC.

    PASPGP-7 SWQC conditions 1, 3 and 4, 56 Pa.B. 284 [14]
    Show the source text
    1. Prior to beginning any activity authorized by the Corps under PASPGP-7, the applicant shall obtain from the Department all necessary environmental permits or approvals ... including The Clean Streams Law ... the Dam Safety and Encroachments Act ... 25 Pa. Code Chapters 77, 78, 78a, 86—91, 92a, 93, 95, 96, 102, 105 ... 3. Fill material may not contain any waste as defined in section 103 of the Solid Waste Management Act ... 4. Applicants and projects eligible for the PASPGP-7 must obtain all State permits or approvals ... including a project-specific SWQC.
    Open Pennsylvania Bulletin (Legislative Reference Bureau) (opens in a new tab)
  • ExemptionThe PASPGP-7 SWQC is available only for projects needing no Federal authorization other than Corps authorization under CWA section 404 or Rivers and Harbors Act section 10; activities not eligible for PASPGP-7, or needing another Federal authorization, must request a project-specific SWQC from DEP.

    PASPGP-7 SWQC, 56 Pa.B. 284 [14]
    Show the source text
    This SWQC would only be available for projects that do not require any Federal authorization other than authorization from the Corps under section 404 of the CWA or section 10 of the Federal Rivers and Harbors Act of 1899. Applicants seeking authorization for activities not eligible for coverage under PASPGP-7, or for activities that require another Federal authorization (such as an interstate natural gas pipeline, a gas storage field, a nuclear or hydroelectric project requiring authorization by another Federal agency), must submit a request to the Department for a project-specific SWQC.
    Open Pennsylvania Bulletin (Legislative Reference Bureau) (opens in a new tab)
  • StatusBaltimore District's Pennsylvania permits page states that Special Public Notice 26-08 (March 13, 2026) announced the final suspensions and regional conditions for the 2026 Nationwide Permits in Pennsylvania.

    USACE Baltimore District, Pennsylvania Permits page (SPN 26-08) [31]
    Show the source text
    On March 13, 2026, the Baltimore District issued Special Public Notice 26-08, announcing the final suspensions and regional conditions for these 2026 NWPs in the Commonwealth of Pennsylvania.
    Open U.S. Army Corps of Engineers, Baltimore District (opens in a new tab)
  • StatusPROPOSED federal change in the window: EPA and the Army published a supplemental notice of proposed rulemaking on the definition of 'waters of the United States' (91 FR 57284, September 9, 2026), supplementing the November 20, 2025 proposal; comments must be received on or before October 9, 2026, so as of September 29, 2026 the comment period is still open. It is not a final rule.

    33 CFR Part 328; 40 CFR Part 120; 91 FR 57284 (Sept. 9, 2026) [36]
    Show the source text
    [Federal Register Volume 91, Number 173 (Wednesday, September 9, 2026)] ... [Pages 57284-57301] ... Updated Definition of ``Waters of the United States'' ... ACTION: Supplemental notice of proposed rulemaking. ... for the U.S. Environmental Protection Agency (EPA) and the Department of the Army (``the agencies'') to supplement and seek additional comment on certain aspects of an earlier proposal, published on November 20, 2025 ... DATES: Comments must be received on or before October 9, 2026.
    Open Federal Register (via govinfo.gov) (opens in a new tab)

What was checked, and what did not change

The online Code is current through 56 Pa.B. 4026, the last page of the July 4, 2026 issue; the check ran from Vol. 56, No. 28 (July 11, 2026) through No. 39 (Sept. 26, 2026, pages 6275-6468). [3][12][13]

For 25 Pa. Code in 2026 through Sept. 26, the official list shows adopted rules only for Chapters 93, 122, 250, 977 and 1021 and proposed rules only for Chapters 109 (safe drinking water) and 1021 (Environmental Hearing Board practice). IRRC's record for Regulation #7-440, a Chapter 102 erosion and sediment control and stormwater management rulemaking, shows it was published as final Aug. 21, 2010. [4][37]

For 58 Pa. Code, the list shows no 2026 amendment to Fish and Boat Commission Chapters 57 (statements of policy) or 71a (propagation and introduction of fish into Commonwealth waters) through Sept. 26. The trout-list changes described above were published as Commission notices, not as amendments to Chapter 57. [4][8][9]

Two final Fish and Boat Commission amendments to Chapter 51 took effect on publication Sept. 12, 2026: one clarifies the review process for regulations proposed by the public (§ 51.6), and the other lets the public comment period for virtual committee meetings be held before the meeting date (§ 51.7(b)). [38][39]

The Commission also PROPOSED (Aug. 15, 2026) a general appeals subchapter, §§ 51.141-51.147, for adverse Commission actions not otherwise addressed by its regulations, with appeals that would have to be submitted in writing by regular mail to the Executive Director within 30 calendar days following issuance of a notice of an adverse action. It would not apply to, among other things, Subchapter C (suspension, denial or revocation of licenses, permits, registrations or privileges) or Subchapter E (permit procedures). It is proposed only; comments were due within 30 days after the Aug. 15, 2026 publication. [40]

  • StatusPennsylvania Bulletin Volume 56, Number 27 (Saturday, July 4, 2026) covers pages 3845-4026; since the online Code is current through page 4026, material published from Number 28 (July 11, 2026) onward is not yet reflected in it.

    Pa. Bulletin, Vol. 56, No. 27, Contents [12]
    Show the source text
    Volume 56 Number 27 Saturday, July 4, 2026 * Harrisburg, PA Pages 3845-4026
    Open Pennsylvania Bulletin (Legislative Reference Bureau) (opens in a new tab)
  • StatusPennsylvania Bulletin Volume 56, Number 39 is dated Saturday, September 26, 2026 and covers pages 6275-6468; it was the final issue checked in this sweep.

    Pa. Bulletin, Vol. 56, No. 39, Contents [13]
    Show the source text
    Volume 56 Number 39 Saturday, September 26, 2026 * Harrisburg, PA Pages 6275-6468
    Open Pennsylvania Bulletin (Legislative Reference Bureau) (opens in a new tab)
  • StatusIRRC's record for Regulation #7-440 (Erosion and Sediment Control and Stormwater Management, 25 Pa. Code Chapter 102) shows it was published as final August 21, 2010.

    IRRC Regulation #7-440 (IRRC #2783) [37]
    Show the source text
    Regulation #7-440: Erosion and Sediment Control and Stormwater Management ... PA Code | 25 Pa. Code Chapter 102 ... Published as Final | August 21, 2010
    Open Pennsylvania Independent Regulatory Review Commission (opens in a new tab)
  • StatusFor 58 Pa. Code (Recreation), the official 2026 list shows Chapter 51 (Fish and Boat Commission administrative provisions) amended by adopted rules at 56 Pa.B. 3514, 6022 and 6023 and proposed rules at 1571, 2848, 2849 and 5429. Chapters 57 (Fish and Boat Commission statements of policy) and 71a (propagation and introduction of fish into Commonwealth waters) do not appear in the 58 Pa. Code block, i.e., no rule or policy-statement amendment to them was published in 2026 through September 26.

    Pa. Bulletin, Vol. 56, No. 39, List of Pa. Code Chapters Affected, pp. 6282-6283 [4]
    Show the source text
    58 Pa. Code (Recreation) ... 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3514, 6022, 6023 ... 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1571, 2848, 2849, 5429
    Open Pennsylvania Bulletin (pacodeandbulletin.gov) (opens in a new tab)
  • StatusFINAL rule in the window: the Fish and Boat Commission amended 58 Pa. Code § 51.6 (petitions or requests for regulations) to clarify the review process for regulations proposed by the public; effective on publication, September 12, 2026 (56 Pa.B. 6022).

    58 Pa. Code § 51.6; 56 Pa.B. 6022 (Sept. 12, 2026) [38]
    Show the source text
    Section 51.6 (relating to petitions or requests for regulations) describes the process for proposing regulations for consideration by the commission. This final-form rulemaking further clarifies the review process for regulations proposed by the public. A. Effective Date This final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.
    Open Pennsylvania Bulletin (Legislative Reference Bureau) (opens in a new tab)
  • StatusFINAL rule in the window: the Commission amended 58 Pa. Code § 51.7(b) so the public comment period for virtual committee meetings may be held before the meeting date; effective on publication, September 12, 2026 (56 Pa.B. 6023).

    58 Pa. Code § 51.7(b); 56 Pa.B. 6023 (Sept. 12, 2026) [39]
    Show the source text
    This final-form rulemaking permits the public comment period for virtual committee meetings to be provided prior to the date of the meeting. A. Effective Date This final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.
    Open Pennsylvania Bulletin (Legislative Reference Bureau) (opens in a new tab)
  • ProcessPROPOSED rule in the window: the Commission proposed a new 58 Pa. Code Chapter 51, Subchapter N (general appeal provisions, §§ 51.141-51.147) for appeals of adverse Commission actions not otherwise addressed by its regulations; appeals would have to be submitted in writing by regular mail to the Executive Director within 30 calendar days following issuance of a notice of an adverse action. The proposed subchapter would not apply to, among other things, Subchapter C (suspension, denial or revocation of licenses, permits, registrations or privileges) or Subchapter E (permit procedures). Comments were due within 30 days after the August 15, 2026 publication. It is proposed only.

    Proposed 58 Pa. Code §§ 51.141-51.147; 56 Pa.B. 5429 (Aug. 15, 2026) [40]
    Show the source text
    This rulemaking proposes to add Subchapter N (relating to general appeal provisions) to identify the commission's provisions for its general appeals process. ... (2) Subchapter C (relating to suspension, denial or revocation of licenses, permits, registrations or privileges). (3) Subchapter E (relating to permit procedures). ... (b) Appeals shall be submitted in writing by regular mail to the Executive Director within 30 calendar days following issuance of a notice of an adverse action.
    Open Pennsylvania Bulletin (Legislative Reference Bureau) (opens in a new tab)
  • StatusThe Pennsylvania Bulletin's 2026 Publication Schedule, from the Legislative Reference Bureau, pairs each submission close date with an issue date: the September 2026 issues are dated Sept. 5, 12, 19 and 26, and the next issue is Oct. 3, 2026 (close date Sept. 23). The Sept. 26, 2026 issue is therefore the last Bulletin issue of Quarter 3, 2026.

    Pennsylvania Code and Bulletin (Legislative Reference Bureau), Pennsylvania Bulletin 2026 Publication Schedule [27]
    Show the source text
    PENNSYLVANIA BULLETIN 2026 Publication Schedule Close Issue Close Issue ... August 26 ... September 5 ... September 1* ... September 12 ... September 9 ... September 19 ... September 16 ... September 26 ... October ... September 23 ... October 3 ... Pennsylvania Code and Bulletin | Legislative Reference Bureau
    Open Pennsylvania Code and Bulletin, Legislative Reference Bureau (opens in a new tab)

More detail

More detail: 10 more verified statements on Pennsylvania changes, July to September 2026
  • Size cutoffUnder the draft, the two existing PCSM alternatives (site restoration, Alternative 1; sheet-flow and/or concentrated-flow standards, Alternative 2) would remain, and the impervious-surface criteria - new impervious surface within the area of earth disturbance may not exceed 30,000 square feet, and total impervious surface on the project site after construction may not exceed 12% - would apply only to Alternative 2.

    Draft PAG-01, as described at 56 Pa.B. 5629 [5]
    Show the source text
    The existing two alternatives—implementing site restoration (Alternative 1) and implementing the sheet flow or concentrated, or both, flow standards (Alternative 2)—would remain. The impervious surface criteria of: (1) new impervious within the area of earth disturbance may not exceed 30,000 square feet; and (2) total impervious on the project site following construction may not exceed 12%, would apply only to Alternative 2.
    Open Pennsylvania Bulletin (DEP notice) (opens in a new tab)
  • ProcessThe draft would add PCSM Alternative 3: any amount of impervious surface less than 5 acres may be proposed; the applicant would prepare a PCSM Plan for municipal review and submit a new Municipal PCSM Plan Approval Form (3800-FM-BCW0404f), on which a licensed professional would need to attest, among other things, that the municipality has an ordinance that requires PCSM and is at least as stringent as DEP's PCSM requirements. DEP says Alternative 3 would be available to applicants of projects within municipalities operating under an NPDES MS4 permit and municipalities that have adopted an ordinance (per the notice, one consistent with a current, DEP-approved stormwater management plan under the Storm Water Management Act).

    Draft PAG-01, as described at 56 Pa.B. 5629 [5]
    Show the source text
    any amount of impervious surface that is less than 5 acres may be proposed ... the applicant would prepare a PCSM Plan for municipal review and submit a new form, the Municipal PCSM Plan Approval Form (3800-FM-BCW0404f) ... licensed professional would need to attest that: (1) the municipality has an ordinance that requires PCSM and is at least as stringent as the Department's PCSM requirements ... available to applicants of projects within municipalities operating under an NPDES Municipal Separate Storm Sewer System (MS4) permit and municipalities that have adopted an ordinance
    Open Pennsylvania Bulletin (DEP notice) (opens in a new tab)
  • RequirementThe draft would require non-discharge alternatives or ABACT E&S BMPs and PCSM SCMs where receiving waters are impaired for siltation, suspended solids, turbidity, water/flow variability, flow alterations/modifications or nutrients; where a TMDL assigns wasteload allocations, plans must show how they will be met.

    Draft PAG-01, as described at 56 Pa.B. 5629 [5]
    Show the source text
    The Department is proposing that non-discharge alternatives or ABACT Erosion and Sediment Control (E&S) BMPs and PCSM SCMs must be used when waters are impaired for siltation, suspended solids, turbidity, water/flow variability, flow alterations/modifications or nutrients. If there is a Total Maximum Daily Load with wasteload allocations (WLA) for the discharge, plans and calculations must demonstrate how the WLAs will be met.
    Open Pennsylvania Bulletin (DEP notice) (opens in a new tab)
  • RequirementThe draft would drop the requirement that PAG-01 projects be on the same or contiguous tax parcels, and would remove the prohibition on off-site runoff entering PCSM BMPs/SCMs.

    Draft PAG-01, as described at 56 Pa.B. 5629 [5]
    Show the source text
    Tax parcels—The Department is proposing to remove the requirement that projects must be located on the same or contiguous tax parcels. ... Off-site areas—The 2022 General Permit does not allow runoff from off-site areas to enter PCSM Best Management Practices (BMP), also known as Stormwater Control Measures (SCM). The Department is proposing to remove this prohibition
    Open Pennsylvania Bulletin (DEP notice) (opens in a new tab)
  • RequirementThe draft would require site inspections to be done only by qualified personnel, a Preparedness, Prevention and Contingency (PPC) Plan consistent with § 102.5(l), and an Erosion Potential Analysis (form 3800-FM-BCW0271h) for certain stormwater discharges that will not directly enter a surface water, evaluating flow-path stability up to the 10-year/24-hour storm.

    Draft PAG-01, as described at 56 Pa.B. 5629 [5]
    Show the source text
    site inspections may be conducted only by qualified personnel. ... development and implementation of PPC Plans consistent with 25 Pa. Code § 102.5(l) ... applicants complete an Erosion Potential Analysis, using the Department's Erosion Potential Analysis for Chapter 102 Permits Form (3800-FM-BCW0271h), for certain stormwater discharges during and following construction that will not directly enter a surface water to evaluate the stability of the flow path up to the 10-year/24-hour storm event.
    Open Pennsylvania Bulletin (DEP notice) (opens in a new tab)
  • StatusBaltimore District's public-notice list for July 27 - September 2, 2026 shows only PN-26-25 (Bass Pro Shops), PN-26-26 (Smith Cove), PN-26-27 (Middle Branch shoreline), SPN-26-28 (Maryland SPGP-7) and PN-26-29 (Fort Smallwood Park); none is a Pennsylvania NWP suspension or revocation notice.

    USACE Baltimore District, Regulatory Public Notices (page 1) [32]
    Show the source text
    SEP 2026 PN-26-29 NAB-2026-61220-M55 (Anne Arundel County DPW/Fort Smallwood Park/Living Shoreline, Breakwater) ... SEP 2026 SPN-26-28 NAB-2024-00009 (Maryland State Programmatic General Permit-7 (MDSPGP-7)) ... AUG 2026 PN-26-27 NAB-2025-61305-M07 ... AUG 2026 PN-26-26 NAB-2025-61597-TREC ... JUL 2026 PN-26-25 NAB-2026-00029-P09 (Bass Pro Shops Retail Outlet)
    Open U.S. Army Corps of Engineers, Baltimore District (opens in a new tab)
  • StatusPage 2 of Baltimore District's list shows the only other notice in the window as PN-26-24 (July 21, 2026, Town of North Beach breakwaters); the preceding entries are dated June 2026.

    USACE Baltimore District, Regulatory Public Notices (page 2) [33]
    Show the source text
    JUL 2026 PN-26-24 NAB-2026-60528 (Town of North Beach - Hybrid Breakwater Structures) ... JUN 2026 PN-26-23 NAB-2026-60409-M46
    Open U.S. Army Corps of Engineers, Baltimore District (opens in a new tab)
  • StatusPhiladelphia District's public-notice list (page 1) for August 10 - September 25, 2026 shows only individual project notices (NAP-2025-00429-85, NAP-2013-01157-45, NAP-2006-00444-46, NAP-2011-00303-85, NAP-2006-06389-24); none is a Pennsylvania NWP suspension or revocation notice.

    USACE Philadelphia District, Regulatory Public Notices (page 1) [34]
    Show the source text
    SEP 2026 NAP-2006-06389-24 ... SEP 2026 NAP-2011-00303-85 ... SEP 2026 NAP-2006-00444-46 ... AUG 2026 NAP-2013-01157-45 ... AUG 2026 NAP-2025-00429-85
    Open U.S. Army Corps of Engineers, Philadelphia District (opens in a new tab)
  • StatusPage 2 of Philadelphia District's list shows the remaining notices back to the start of the window as NAP-2026-00141-85 (Aug. 10, 2026), NAP-2026-00186-84 (Aug. 4, 2026) and 2023-00760-86 (July 2, 2026), followed by SPN-26-21 (June 15, 2026, PASPGP-7 issued); none is an NWP suspension or revocation notice.

    USACE Philadelphia District, Regulatory Public Notices (page 2) [35]
    Show the source text
    AUG 2026 NAP-2026-00141-85 ... AUG 2026 NAP-2026-00186-84 ... JUL 2026 2023-00760-86 ... JUN 2026 SPN-26-21
    Open U.S. Army Corps of Engineers, Philadelphia District (opens in a new tab)
  • The supplemental proposal seeks comment on added regulatory options for the definitions of 'relatively permanent' and 'continuous surface connection' and would add a definition of 'perennial'; it does not supplement the previously proposed exclusions for waste treatment systems, prior converted cropland, certain ditches or groundwater.

    91 FR 57284, Section V.A [36]
    Show the source text
    In this SNPRM, the agencies are seeking comment on supplemental regulatory options for the revised definitions of ``relatively permanent'' and ``continuous surface connection,'' and adding a definition of the term ``perennial,'' ... this SNPRM does not supplement the regulatory options for the previously proposed exclusions for waste treatment systems at paragraph (b)(1), prior converted cropland at paragraph (b)(2), certain ditches at paragraph (b)(3), and groundwater at (b)(9)
    Open Federal Register (via govinfo.gov) (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.

  • Anything published after Sept. 26, 2026. The Oct. 3, 2026 Bulletin issue was not out when this was checked, and the Fish and Boat Commission's decisions at its Oct. 26, 2026 meeting and the outcome of DEP's Stanton Brook and Kettle Creek evaluations are pending. — ask: Pennsylvania Bulletin (pacodeandbulletin.gov); Fish and Boat Commission; DEP Bureau of Clean Water
  • The final reissued PAG-01 and its effective date, including its final dewatering terms. Only the Aug. 22, 2026 draft has been published, and only DEP's Bulletin summary of it was reviewed, not the draft permit documents. — ask: DEP Bureau of Clean Water / Policy Office (ecomment@pa.gov); county conservation district
  • Whether DEP issued, modified, renewed or suspended any Chapter 105 general permit (GP-1 through GP-11) between July 11 and Sept. 26, 2026. A scan of DEP's weekly Bulletin notices and issue contents found none. — ask: DEP Bureau of Waterways Engineering and Wetlands; regional Waterways and Wetlands program
  • Whether DEP issued, modified or renewed PAG-02 (construction of 5 acres or more) in the period. Issue contents showed only the draft PAG-01 and a draft PAG-10. — ask: DEP Bureau of Clean Water (Chapter 102 program); county conservation district
  • Whether the Corps' Pittsburgh District issued any Pennsylvania NWP suspension or revocation, or DEP modified the PASPGP-7 certification, in the period. The Pittsburgh District website could not be reached. — ask: USACE Pittsburgh District Regulatory Division; USACE Baltimore District State College Field Office, (814) 235-1763

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.

  1. Environmental Quality Board, Water Quality Standards; Class A Stream Redesignations, final-form rulemaking, 56 Pa.B. 4034 (Pa.B. Doc. No. 26-974) (opens in a new tab) — Pennsylvania Bulletin, document date 2026-07-11, retrieved September 28, 2026
  2. IRRC Regulation #7-583 (IRRC #3423), Water Quality Standards: Class A Stream Redesignations - regulation details (opens in a new tab) — Pennsylvania Independent Regulatory Review Commission, document date retrieved 2026-09-28, retrieved September 28, 2026
  3. 25 Pa. Code Chapter 105 (Dam Safety and Waterway Management) - used in notes to check the § 105.1 floodway definition (opens in a new tab) — Pennsylvania Code & Bulletin (Legislative Reference Bureau), document date current through 56 Pa.B. 4026 (July 4, 2026), retrieved September 28, 2026
  4. Pennsylvania Bulletin, Vol. 56, No. 39 (Sept. 26, 2026), full issue — List of Pa. Code Chapters Affected (opens in a new tab) — Pennsylvania Bulletin (pacodeandbulletin.gov), document date 2026-09-26, retrieved September 28, 2026
  5. Draft NPDES General Permit for Stormwater Discharges from Small Construction Activities (PAG-01), 56 Pa.B. 5629, Doc. No. 26-1207 (opens in a new tab) — Pennsylvania Bulletin (DEP notice), document date Published Aug. 22, 2026 (DRAFT; comments through Sept. 21, 2026), retrieved September 28, 2026
  6. Governor's Office, Regulatory Agenda, 56 Pa.B. 4485 (Pa.B. Doc. No. 26-1075) (information current as of July 1, 2026) (opens in a new tab) — Pennsylvania Bulletin (Legislative Reference Bureau), document date 2026-07-25, retrieved September 28, 2026
  7. DEP Regulatory Update (Environmental Quality Board regulations status), September 28, 2026 (opens in a new tab) — Pennsylvania Department of Environmental Protection, document date 2026-09-28, retrieved September 29, 2026
  8. PFBC notice, Changes to the List of Class A Wild Trout Streams; July 2026, 56 Pa.B. 5355 (Pa.B. Doc. No. 26-1134) (opens in a new tab) — Pennsylvania Bulletin, document date 2026-08-08, retrieved September 28, 2026
  9. PFBC notice, Changes to the List of Wild Trout Streams; July 2026, 56 Pa.B. 5356 (Pa.B. Doc. No. 26-1135) (opens in a new tab) — Pennsylvania Bulletin, document date 2026-08-08, retrieved September 28, 2026
  10. PFBC notice, Proposed Changes to List of Class A Wild Trout Streams; October 2026, 56 Pa.B. 5493 (Pa.B. Doc. No. 26-1174) (opens in a new tab) — Pennsylvania Bulletin, document date 2026-08-15, retrieved September 28, 2026
  11. 25 Pa. Code § 105.17 (Wetlands) (opens in a new tab) — Pennsylvania Code & Bulletin (Legislative Reference Bureau), document date § 105.17 last amended eff. Oct. 12, 1991 (21 Pa.B. 4911), retrieved September 28, 2026
  12. Pennsylvania Bulletin, Volume 56, No. 27 (July 4, 2026), Contents (opens in a new tab) — Pennsylvania Bulletin (Legislative Reference Bureau), document date 2026-07-04, retrieved September 28, 2026
  13. Pennsylvania Bulletin, Volume 56, No. 39 (September 26, 2026), Contents (opens in a new tab) — Pennsylvania Bulletin (Legislative Reference Bureau), document date 2026-09-26, retrieved September 28, 2026
  14. DEP notice, Conditional State Water Quality Certification under Section 401 of the Clean Water Act for the USACE Pennsylvania State Programmatic General Permit-7 (PASPGP-7), 56 Pa.B. 284 (Pa.B. Doc. No. 26-51) (opens in a new tab) — Pennsylvania Bulletin (Legislative Reference Bureau), document date 2026-01-10, retrieved September 28, 2026
  15. PAG-01 NOI Instructions (3800-PM-BCW0404a) (opens in a new tab) — Pennsylvania Department of Environmental Protection, document date Rev. 3/2025, retrieved September 28, 2026
  16. 25 Pa. Code § 102.6. Permit applications and fees (opens in a new tab) — Pennsylvania Code & Bulletin, document date amended eff. Nov. 19, 2010 (40 Pa.B. 4861), retrieved September 28, 2026
  17. 25 Pa. Code Chapter 93. Water Quality Standards (full chapter, incl. drainage lists §§ 93.9a-93.9z) (opens in a new tab) — Pennsylvania Code & Bulletin (Legislative Reference Bureau), document date Pa. Code website current through 56 Pa.B. 4026 (July 4, 2026), retrieved September 28, 2026
  18. DEP notice, Stream Redesignation Evaluation of Stanton Brook and Kettle Creek; Water Quality Standards Review, 56 Pa.B. 5988 (Pa.B. Doc. No. 26-1292) (opens in a new tab) — Pennsylvania Bulletin (Legislative Reference Bureau), document date 2026-09-05, retrieved September 28, 2026
  19. PAG-01 General Permit Fact Sheet (3800-PM-BCW0404e Rev. 4/2025) (opens in a new tab) — Pennsylvania Department of Environmental Protection, document date Rev. 4/2025, retrieved September 28, 2026
  20. Availability of NPDES General Permit for Discharges of Stormwater Associated with Small Construction Activities (PAG-01), 51 Pa.B. 7128 (opens in a new tab) — Pennsylvania Bulletin / DEP, document date 2021-11-13, retrieved September 28, 2026
  21. 25 Pa. Code § 102.8. PCSM requirements (opens in a new tab) — Pennsylvania Code & Bulletin, document date adopted eff. Nov. 19, 2010 (40 Pa.B. 4861), retrieved September 28, 2026
  22. Erosion and Sediment Pollution Control Program Manual, Technical Guidance No. 386-2134-001 (opens in a new tab) — Pennsylvania Department of Environmental Protection, document date effective 2012-03-31, retrieved September 28, 2026
  23. 25 Pa. Code § 105.1 (Definitions) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011 (41 Pa.B. 219), retrieved September 28, 2026
  24. PFBC notice, Proposed Changes to the List of Wild Trout Streams; October 2026, 56 Pa.B. 5496 (Pa.B. Doc. No. 26-1175) (opens in a new tab) — Pennsylvania Bulletin, document date 2026-08-15, retrieved September 28, 2026
  25. Regulation #7-556 (IRRC #3278): Dam Safety and Waterway Management — regulation record (opens in a new tab) — Pennsylvania Independent Regulatory Review Commission, document date status: Withdrawn By Law, Feb. 3, 2023, retrieved September 28, 2026
  26. DEP Non-Regulatory Agenda (0120-RE-DEP4509, Rev. 7/2026) (opens in a new tab) — Pennsylvania Department of Environmental Protection, document date Rev. 7/2026, retrieved September 29, 2026
  27. Pennsylvania Bulletin 2026 Publication Schedule (opens in a new tab) — Pennsylvania Code and Bulletin, Legislative Reference Bureau, document date 2026, retrieved September 29, 2026
  28. House Bill 1525, 2025-2026 Regular Session - Bill Information (opens in a new tab) — Pennsylvania General Assembly (palegis.us), retrieved September 29, 2026
  29. Senate Bill 1129, 2025-2026 Regular Session - Bill Information (opens in a new tab) — Pennsylvania General Assembly (palegis.us), retrieved September 28, 2026
  30. USACE Philadelphia District, Special Public Notice SPN-26-21 (PASPGP-7 issued) (opens in a new tab) — U.S. Army Corps of Engineers, Philadelphia District, document date 2026-06-15, retrieved September 28, 2026
  31. 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
  32. USACE Baltimore District, Regulatory Public Notices listing (page 1) (opens in a new tab) — U.S. Army Corps of Engineers, Baltimore District, document date retrieved 2026-09-28, retrieved September 28, 2026
  33. USACE Baltimore District, Regulatory Public Notices listing (page 2) (opens in a new tab) — U.S. Army Corps of Engineers, Baltimore District, document date retrieved 2026-09-28, retrieved September 28, 2026
  34. USACE Philadelphia District, Regulatory Public Notices listing (page 1) (opens in a new tab) — U.S. Army Corps of Engineers, Philadelphia District, document date retrieved 2026-09-28, retrieved September 28, 2026
  35. USACE Philadelphia District, Regulatory Public Notices listing (page 2) (opens in a new tab) — U.S. Army Corps of Engineers, Philadelphia District, document date retrieved 2026-09-28, retrieved September 28, 2026
  36. EPA and Department of the Army, Updated Definition of "Waters of the United States", supplemental notice of proposed rulemaking, 91 FR 57284 (FR Doc. 2026-18317) (opens in a new tab) — Federal Register (via govinfo.gov), document date 2026-09-09, retrieved September 28, 2026
  37. IRRC Regulation #7-440 (IRRC #2783), Erosion and Sediment Control and Stormwater Management (25 Pa. Code Chapter 102) - regulation details (opens in a new tab) — Pennsylvania Independent Regulatory Review Commission, document date retrieved 2026-09-28, retrieved September 28, 2026
  38. Fish and Boat Commission, Administrative Provisions; Petitions or Requests for Regulations, final-form rulemaking (58 Pa. Code Ch. 51), 56 Pa.B. 6022 (Pa.B. Doc. No. 26-1320) (opens in a new tab) — Pennsylvania Bulletin (Legislative Reference Bureau), document date 2026-09-12, retrieved September 28, 2026
  39. Fish and Boat Commission, Administrative Provisions; Public Comments at Commission Meetings, final-form rulemaking (58 Pa. Code Ch. 51), 56 Pa.B. 6023 (Pa.B. Doc. No. 26-1321) (opens in a new tab) — Pennsylvania Bulletin (Legislative Reference Bureau), document date 2026-09-12, retrieved September 28, 2026
  40. Fish and Boat Commission, Administrative Provisions; General Appeal Provisions, proposed rulemaking (58 Pa. Code Ch. 51), 56 Pa.B. 5429 (Pa.B. Doc. No. 26-1165) (opens in a new tab) — Pennsylvania Bulletin (Legislative Reference Bureau), document date 2026-08-15, retrieved September 28, 2026

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

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