Pond Permits for Streams, Wetlands and Floodways in Pennsylvania
Pennsylvania requires a written DEP permit to construct, operate, maintain, modify, enlarge or abandon a dam, water obstruction or encroachment, unless a § 105.12 waiver or a general permit applies. [1][2][3]
Chapter 105 defines an encroachment as a structure or activity that changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water, and a body of water as including a natural or artificial pond, swamp, marsh or wetland. [4]
DEP says an off-stream pond needs no Chapter 105 water obstruction and encroachment approval if it is not built in a floodway, wetland or other body of water, though a dam permit may still be required if the pond's dam meets the regulated-dam criteria. Where no FEMA map or study has defined the floodway, Chapter 105 assumes, absent evidence to the contrary, that a stream's floodway extends from the stream to 50 feet from the top of its bank. DEP says a pond dam that meets none of the dam-permit criteria is likely non-jurisdictional and needs no Dam Permit, but that a Water Obstruction and Encroachment Permit or an approved Environmental Assessment is required if the dam is proposed across (or impacts) a stream or impacts a wetland, or if a stream or wetland is to be excavated or a wetland impounded. [4][5]
DEP strongly discourages building ponds on-stream or excavating wetlands, says that in most cases an alternative location can meet the project purpose and avoid wetland, watercourse and floodway impacts, and warns that a project may not be approved if a viable alternative exists but is not chosen. DEP also notes that water leaving a pond in summer can be as much as 8-10 degrees warmer than the stream water entering it, and a pond proponent may be required to show that this thermal influence will not adversely impact the aquatic community. [5]
DEP runs a joint application process with the Army Corps for federal Clean Water Act Section 404 and Rivers and Harbors Act Section 10 permits, and says that in most instances it or a delegated county conservation district can issue both the state and the federal authorization. As of September 28, 2026, the Corps' Pennsylvania State Programmatic General Permit in effect is PASPGP-7, which took effect July 1, 2026 and expires June 30, 2031. [6][7][8]
The Dam Safety and Encroachments Act prohibits building a dam, water obstruction or encroachment without DEP's prior written permit, and makes it unlawful to build or operate one contrary to a permit's terms or DEP's rules. In an action brought by DEP, the Environmental Hearing Board may assess a civil penalty of up to $10,000 plus $500 for each day of continued violation, whether or not the violation was willful; unlawful conduct is also a summary offense with fines of $100 to $1,000 per offense. [9]
The Environmental Quality Board's December 5, 2020 proposal to amend Chapter 105 was never finalized: the Independent Regulatory Review Commission records it as withdrawn by law on February 3, 2023, so it is neither pending nor in effect. The September 26, 2026 Pennsylvania Bulletin's list of Pa. Code chapters affected by documents published during 2026 does not include 25 Pa. Code Chapter 105, so no Chapter 105 rulemaking was published in the Bulletin between January 1 and September 26, 2026. [10][11]
Key points
Official sources disagree
- Waiver 2 and pond embankments. Chapter 105's Waiver 2 waives the permit for "a water obstruction in a stream or floodway with a drainage area of 100 acres or less" (but not for wetlands in the floodway), and PASPGP-7 lists Waiver 2 work among its federal Non-Reporting activities, which need no notice to the Corps when a project stays under PASPGP-7's reporting thresholds and meets all its conditions. DEP's pond page, which does not mention Waiver 2 in this context, says a non-jurisdictional pond dam across or impacting a stream needs a Water Obstruction and Encroachment Permit or Environmental Assessment approval; DEP's pond FAQ says that, depending on the design, one or the other may be required. Chapter 105 defines "water obstruction" to include an embankment but defines "dam" separately, and the waiver text does not say whether it covers a pond embankment or pond excavation. [2][4][5][12]
- Environmental Assessment fee for a non-jurisdictional pond dam. DEP's pond FAQ, answering whether a non-jurisdictional dam across a stream needs a permit, states there is "a $500 Environmental Assessment review fee." 25 Pa. Code § 105.13(c)(1)(vi) sets Environmental Assessment review fees for "nonjurisdictional dams, letters of amendment or letters of authorization" at $1,400, $1,000 and $900 for Size Categories A, B and C, and DEP's fee worksheet (Rev. 7/2016) lists a single $900 fee for non-jurisdictional dams. The regulation's $500 Environmental Assessment fee is for activities waived under Waivers 11 and 16. [5][13][14]
- Out-of-date PASPGP-6 reference. The Corps Baltimore District's "Pennsylvania Permits" page still says most Nationwide Permits have been suspended in the Baltimore and Philadelphia Districts' areas of Pennsylvania because PASPGP-6 provides comparable Department of the Army authorization, but PASPGP-6 expired June 30, 2026 and PASPGP-7 took effect July 1, 2026. [8]
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RequirementA person may not construct, operate, maintain, modify, enlarge or abandon a dam, water obstruction or encroachment without first obtaining a written permit from DEP (unless a waiver or general permit applies).
25 Pa. Code § 105.11(a) [1]Show the source text
(a) A person may not construct, operate, maintain, modify, enlarge or abandon a dam, water obstruction or encroachment without first obtaining a written permit from the Department.
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DefinitionChapter 105 defines an 'encroachment' as a structure or activity which changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water.
25 Pa. Code § 105.1 (definition of "Encroachment") [4]Show the source text
Encroachment—A structure or activity which changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water.
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ExemptionDEP says Chapter 105 approval for water obstructions and encroachments is not required for ponds proposed off-stream if they are not constructed in a floodway, wetland or other body of water; but if the pond has a dam meeting the regulated-dam criteria, a dam permit may be required.
Applies when: Off-stream pond outside any floodway (including the default 50-ft floodway), wetland or body of water DEP, "Introduction to Ponds and Chapter 105" (Off-Stream Ponds) [5]Show the source text
Chapter 105 approval for water obstructions and encroachments is not required for ponds proposed off-stream if they are not constructed in a floodway, wetland or other body of water. However, if the pond has a dam which meets the regulated dam criteria a dam permit may be required, see above information.
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Definition'Floodway' means the channel of the watercourse and the portions of the adjoining floodplains reasonably required to carry and discharge the 100-year frequency flood. Unless otherwise specified, the boundary is as shown on FEMA maps and flood insurance studies. Where no FEMA map or study has defined the 100-year floodway boundary, the floodway is assumed, absent evidence to the contrary, to extend from the stream to 50 feet from the top of the bank of the stream.
Applies when: Any work within the floodway of a stream 25 Pa. Code § 105.1 (definition of "Floodway") [4]Show the source text
Floodway—The channel of the watercourse and portions of the adjoining floodplains which are reasonably required to carry and discharge the 100-year frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the 100-year frequency floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream.
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RequirementDEP says that if a proposed pond dam does not meet any of the dam-permit criteria it is likely non-jurisdictional and no Dam Permit is required; however, if the dam is proposed across (or impacts) a stream or impacts a wetland, or if a stream or wetland is proposed to be excavated or a wetland impounded, either a Water Obstruction and Encroachment Permit or approval of an Environmental Assessment is required, obtained from the appropriate DEP regional office.
Applies when: Pond with a dam below the dam-permit thresholds that touches a stream or wetland DEP, "Introduction to Ponds and Chapter 105" (Ponds with Non-jurisdictional Dams) [5]Show the source text
If none of the criteria above are met by a proposed dam, the structure is likely non-jurisdictional and a Dam Permit is not required; however, if the dam is proposed across (or impacts) a stream or impacts a wetland or if a stream or wetland is proposed to be excavated or a wetland impounded, either a Water Obstruction and Encroachment Permit or approval of an Environmental Assessment is required. This would be obtained from the appropriate DEP regional Office.
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DEP strongly discourages excavating wetlands or building ponds on-stream, says that in most cases there are alternate locations that avoid wetland, watercourse and floodway impacts, and warns that if a viable alternative exists but is not chosen, the project may not be approved.
DEP, "Introduction to Ponds and Chapter 105" (Impacts to Water Resources) [5]Show the source text
The Department of Environmental Protection (DEP) strongly discourages the excavation of wetlands or the construction of ponds on-stream. One of the large losses of wetlands in the state is due to conversion to ponds. ... In most cases there are alternate locations to create a pond to fulfill the project purpose and avoid wetland, watercourse, and floodway impacts. If a viable alternative exists but is not chosen, the project may not be approved.
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RequirementDEP notes that water leaving a pond in summer can be as much as 8-10 degrees warmer than the stream water entering it, and a pond proponent may be required to demonstrate that a thermal influence will not adversely impact the aquatic community.
Applies when: Ponds that discharge to a stream (on-stream or with an outlet to a stream) DEP, "Introduction to Ponds and Chapter 105" (Impacts to Water Resources) [5]Show the source text
The temperature of water exiting a pond in the summer can be as much as 8-10 degrees warmer than the stream water entering the pond. A proponent for building a pond may be required to demonstrate that a thermal influence will not adversely impact the aquatic community.
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The Environmental Hearing Board, in an action brought by DEP, may assess a civil penalty upon any person for a violation or unlawful conduct, whether or not the violation was willful; the civil penalty may not exceed $10,000, plus $500 for each day of continued violation.
32 P.S. § 693.21(a) (Act § 21(a)) [9]Show the source text
the hearing board, in an action instituted before it by the department, may assess a civil penalty upon any person for such violation or unlawful conduct. Such a penalty may be assessed whether or not the violation was willful. The civil penalty so assessed shall not exceed $10,000, plus $500 for each day of continued violation.
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StatusWITHDRAWN, NOT PENDING: the Environmental Quality Board's proposed Chapter 105 rulemaking published in the Pennsylvania Bulletin on December 5, 2020 (IRRC No. 3278, Regulation #7-556; public comment closed February 3, 2021; final due by February 3, 2023) was never finalized. The Independent Regulatory Review Commission lists no final-form regulation received and records the regulation as 'Withdrawn By Law' on February 3, 2023, so the 2020 proposed amendments are not in effect.
Independent Regulatory Review Commission, Regulation #7-556 (IRRC No. 3278) status page; proposal published at 50 Pa.B. 6863 (Dec. 5, 2020) [10]Show the source text
Regulation #7-556: Dam Safety and Waterway Management ... | IRRC Number | 3278 ... | Agency Name | Environmental Quality Board | PA Bulletin Publish Date | December 05, 2020 | Regulation Status | Proposed | Close of Public Comment | February 03, 2021 | PA Code | 25 Pa. Code Chapter 105 | Final Due By | February 03, 2023 ... Final-Form Regulation Received | N/A ... | Withdrawn By Law | February 03, 2023
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Is your pond in a regulated water, floodway or wetland?
Chapter 105 regulates water obstructions and encroachments other than dams that are in, along, across or projecting into a watercourse, floodway or body of water, whether temporary or permanent. A watercourse is a channel or conveyance of surface water with defined bed and banks, natural or artificial, with perennial or intermittent flow; a body of water is a natural or artificial lake, pond, reservoir, swamp, marsh or wetland. [4][15]
DEP's joint permit instructions (Rev. 10/2025) likewise treat the floodway along a watercourse with no FEMA-determined floodway as extending 50 feet landward from the top of each streambank. For bodies of water (lakes, ponds, reservoirs, swamps, marshes and wetlands), however, the instructions say that in most cases no FEMA floodway has been delineated and the 50-foot rule does not apply; a permit is required only if the structure or activity adjoins or encroaches into the body of water or a FEMA-defined floodway. [4][7]
DEP says a pond excavated completely below grade, with no impounding embankment, may be regulated if it is placed in a regulated water such as a wetland or stream channel, and that once constructed, all ponds are regulated waters of the Commonwealth under the Dam Safety and Encroachments Act. [5]
DEP says any activity that changes an existing pond's cross-section and does not qualify as maintenance, such as building boat docks, piers or islands or expanding the pond's area, requires a Water Obstruction and Encroachment Permit. DEP also says that if an intake pipe or channel is proposed to carry water from a watercourse to an off-stream pond, a permit may be required for the intake, such as General Permit 4. [5]
A dam on a natural or artificial watercourse (other than one licensed under the Federal Power Act) is regulated as a dam if any one of these is exceeded: 100 acres of contributory drainage, 15 feet of greatest water depth measured by the upstream toe at maximum storage elevation, or 50 acre-feet of impounding capacity at maximum storage elevation. A water-storage dam not on a watercourse and with no contributory drainage is regulated only if both are exceeded: greatest water depth over 15 feet, measured at the upstream toe at maximum storage elevation, and impounding capacity over 50 acre-feet at maximum storage elevation. [15]
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RequirementSeparately from dams, Chapter 105 regulates water obstructions and encroachments other than dams located in, along or across, or projecting into a watercourse, floodway or body of water, whether temporary or permanent.
25 Pa. Code § 105.3(a)(4); see also 32 P.S. § 693.4(4) [15]Show the source text
(4) Water obstructions and encroachments other than dams located in, along or across, or projecting into a watercourse, floodway or body of water, whether temporary or permanent.
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DefinitionKey Chapter 105 terms: a 'body of water' is a natural or artificial lake, pond, reservoir, swamp, marsh or wetland; 'regulated waters of this Commonwealth' are watercourses, streams or bodies of water and their floodways; a 'watercourse' is a channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
25 Pa. Code § 105.1 (definitions of "Body of water", "Regulated waters of this Commonwealth", "Watercourse") [4]Show the source text
Body of water—A natural or artificial lake, pond, reservoir, swamp, marsh or wetland. ... Regulated waters of this Commonwealth—Watercourses, streams or bodies of water and their floodways wholly or partly within or forming part of the boundary of this Commonwealth. ... Watercourse—A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
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DefinitionDEP's Joint Permit Application instructions explain that where no FEMA floodway has been determined along a watercourse, the floodway is considered to extend 50 feet landward from the top of each streambank. For bodies of water (lakes, ponds, reservoirs, swamps, marshes and wetlands), in most cases no FEMA floodway has been delineated and the 50-foot rule does not apply; a permit is required only if the structure or activity adjoins or encroaches into the body of water or into a FEMA-defined floodway.
DEP, Joint Permit Application Instructions (3150-PM-BWEW0036, Rev. 10/2025), Section I.A [7]Show the source text
In the absence of any FEMA- determined floodway along a watercourse, the floodway shall be considered to extend 50 feet landward from the top of each streambank ... Bodies of water include both natural and artificial lakes, ponds, reservoirs, swamps, marshes and wetlands. In a few locations, FEMA has delineated a floodway along a body of water. However, in most cases, no FEMA floodway has been delineated and the 50-foot rule does not apply. A permit is required only if the structure or activity adjoins or encroaches into the body of water or into the floodway as defined by FEMA.
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RequirementDEP explains that an artificial pond excavated completely below grade (without an impounding embankment) may be regulated if it is proposed to be placed in regulated waters such as a wetland or stream channel, and that once constructed, all ponds are regulated waters of the Commonwealth under the Dam Safety and Encroachments Act.
Applies when: Dug-out (excavated) ponds; later work in or along any existing pond DEP, "Introduction to Ponds and Chapter 105" [5]Show the source text
If an artificial pond is excavated completely below grade (without constructing an impounding embankment), the construction may be regulated if it is proposed to be placed in regulated waters of the Commonwealth, such as a wetland or stream channel. In some situations, permits may not be required to build a pond. However, once constructed, all ponds are regulated waters of this Commonwealth under the Dam Safety and Encroachments Act.
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RequirementDEP states that any activity that changes the cross-section of a pond and does not qualify as maintenance requires a Water Obstruction and Encroachment Permit from the appropriate DEP regional office (examples: boat docks, piers, islands, or expanding the area of a pond); DEP also says a permit is required to construct an island or fishing pier in a pond.
Applies when: Existing ponds (including ponds with non-jurisdictional dams) DEP, "Introduction to Ponds and Chapter 105" (Common Pond Maintenance Activities; FAQ) [5]Show the source text
Note: Any activity which changes the cross-section of a pond and does not qualify as maintenance requires a Water Obstruction and Encroachment Permit from the appropriate DEP Regional Office. Example: construction of boat docks, piers, islands, or expanding the area of a pond. ... Question: I want to construct an island or fishing pier in my pond. Do I need a permit? Answer: A Water Obstruction and Encroachment Permit is required.
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RequirementIf an intake pipe or channel is proposed to convey water from a watercourse to an off-stream pond, DEP says a permit may be required for the intake, such as General Permit 4 (GP-4, Intake and Outfall Structures).
Applies when: Off-stream pond fed by a pipe or channel from a stream DEP, "Introduction to Ponds and Chapter 105" (Off-Stream Ponds - Intakes) [5]Show the source text
Intakes - If an intake pipe or channel is proposed to convey water from a watercourse to an off-stream pond, a permit may be required for the intake, such as General Permit 4.
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Size cutoffDams on a natural or artificial watercourse (other than those licensed under the Federal Power Act) are regulated as dams under the Act when ANY one of these is exceeded: contributory drainage area over 100 acres; greatest depth of water measured by the upstream toe of the dam at maximum storage elevation over 15 feet; or impounding capacity at maximum storage elevation over 50 acre-feet.
Applies when: Embankment dam across a stream/drainage (on-stream pond) 25 Pa. Code § 105.3(a)(1)(i)-(iii); see also 32 P.S. § 693.4(1) [15]Show the source text
(1) Dams on a natural or artificial watercourse, other than those licensed under the Federal Power Act (16 U.S.C.A. § § 791a—825s), where one or more of the following occur: (i) The contributory drainage area exceeds 100 acres. (ii) The greatest depth of water measured by upstream toe of the dam at maximum storage elevation exceeds 15 feet. (iii) The impounding capacity at maximum storage elevation exceeds 50 acre-feet.
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Size cutoffA water-storage dam NOT located on a watercourse and having no contributory drainage is regulated only when BOTH the greatest depth of water at the upstream toe at maximum storage elevation exceeds 15 feet AND the impounding capacity at maximum storage elevation exceeds 50 acre-feet.
Applies when: Off-stream embankment pond with no contributory drainage 25 Pa. Code § 105.3(a)(2); see also 32 P.S. § 693.4(2) [15]Show the source text
(2) Dams used for the storage of water not located on a watercourse and which have no contributory drainage where the greatest depth of water measured at upstream toe of the dam at maximum storage elevation exceeds 15 feet and the impounding capacity at maximum storage elevation exceeds 50 acre-feet.
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Waivers for small projects
Section 105.12(a) waives the permit requirement for listed structures and activities, but DEP may require a permit if, on complaint or investigation, it finds that a waiver-eligible structure or activity has a significant effect on safety or the protection of life, health, property or the environment. Waived work must still meet Chapter 105's construction, operation, maintenance, monitoring and other requirements, and permits required under other laws are not waived. [2]
DEP's joint permit instructions say most waivers are automatic: the person using one needs only to develop and keep information showing they qualify, which DEP sees only if it asks during a general inquiry or a complaint investigation. The exceptions, which need prior DEP review and approval, are §§ 105.12(a)(4), (a)(11), (a)(16) and (b)(2). [7]
Three of the waivers deal with small dams, small drainages and pond maintenance: a dam not exceeding 3 feet in height in a stream not exceeding 50 feet in width, except wild trout streams designated by the Fish and Boat Commission (Waiver 1); a water obstruction in a stream or floodway with a drainage area of 100 acres or less (Waiver 2, which does not apply to wetlands located in the floodway); and maintaining an artificial pond or reservoir to its original storage capacity where the contributory drainage area is 100 acres or less, the greatest depth of water at maximum storage elevation is 15 feet or less and the impounding capacity at maximum storage elevation is 50 acre-feet or less (Waiver 14). [2]
DEP says Waiver 14 covers reservoir-area maintenance if it is limited to the impoundment's original storage capacity and only accumulated sediment is removed. DEP adds that pond and dam owners should still obtain Erosion and Sediment Control Plan approval from their county conservation district, that federal authorization may be required from the Army Corps, and that the Fish and Boat Commission may require a Drawdown Permit. [5]
Other waivers cover water obstructions or encroachments in stormwater or erosion-control facilities that meet Chapter 102, if the facility was built and is still maintained for that purpose (Waiver 6); maintenance of field drainage systems built and still used for crop production, and plowing, cultivating, seeding or harvesting for crop production (Waivers 7 and 8); and ford crossings of streams for individual private personal use that need only grading of banks for approach roads and no more than 12 inches of gravel, are not used commercially, cross in the most direct manner, and are not in exceptional value or wild trout streams (Waiver 9). Separate waivers apply to certain existing structures whose construction was completed before July 1, 1979. [2]
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ExemptionSection 105.12(a) waives the permit requirement for listed structures and activities regardless of when commenced, but if DEP finds on complaint or investigation that a waiver-eligible structure or activity has a significant effect on safety or the protection of life, health, property or the environment, DEP may require the owner to apply for and obtain a permit.
25 Pa. Code § 105.12(a) (introductory paragraph) [2]Show the source text
(a) Under section 7 of the act (32 P. S. § 693.7), the requirements for a permit are waived for the following structures or activities, regardless of when commenced. If the Department upon complaint or investigation finds that a structure or activity which is eligible for a waiver, has a significant effect upon safety or the protection of life, health, property or the environment, the Department may require the owner of the structure to apply for and obtain a permit under this chapter.
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RequirementWaived structures and activities must still meet Chapter 105's construction, operation, maintenance, monitoring and other requirements, and § 105.12 does not waive any other permits required under laws other than the Dam Safety and Encroachments Act.
25 Pa. Code § 105.12(c) [2]Show the source text
(c) Structures and activities shall meet the construction, operation, maintenance, monitoring and other requirements of this chapter. No other permits which may be required under a law other than the act are waived by this section.
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ProcessDEP's JPA instructions state that most § 105.12 waivers are automatic and need no prior DEP approval; a person using a waiver need only develop and keep information verifying qualification, provided to DEP only on request. The exceptions requiring prior DEP review and approval are §§ 105.12(a)(4), (a)(11), (a)(16) and (b)(2).
DEP, Joint Permit Application Instructions (3150-PM-BWEW0036, Rev. 10/2025), Section I.B [7]Show the source text
Most of the waivers are automatic and do not need prior DEP approval. Any person using such waivers needs only to develop and retain such information as will verify their qualification to use a waiver. This information would be made available to DEP only if so, requested as a result of a general inquiry or in the investigation of a complaint. The only exceptions to the "automatic" waivers concern subsections 105.12(a)(4), 105.12(a)(11), 105.12(a)(16) and 105.12(b)(2).
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ExemptionWaiver 1: no Chapter 105 permit is needed for a dam not exceeding 3 feet in height in a stream not exceeding 50 feet in width, except in wild trout streams designated by the Fish and Boat Commission.
Applies when: Very low dams/weirs in streams that are not wild trout streams 25 Pa. Code § 105.12(a)(1) [2]Show the source text
(1) A dam not exceeding 3 feet in height in a stream not exceeding 50 feet in width, except wild trout streams designated by the Fish and Boat Commission.
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ExemptionWaiver 2: no Chapter 105 permit is needed for a water obstruction in a stream or floodway with a drainage area of 100 acres or less; this waiver does not apply to wetlands located in the floodway.
Applies when: Small headwater drainages (100 acres or less) with no wetland in the floodway 25 Pa. Code § 105.12(a)(2) [2]Show the source text
(2) A water obstruction in a stream or floodway with a drainage area of 100 acres or less. This waiver does not apply to wetlands located in the floodway.
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ExemptionWaiver 14: no Chapter 105 permit is needed to maintain an artificial pond or reservoir to its original storage capacity where the contributory drainage area is 100 acres or less, the greatest depth of water at maximum storage elevation is 15 feet or less, and the impounding capacity at maximum storage elevation is 50 acre-feet or less.
Applies when: Dredging/cleanout of existing non-jurisdictional ponds 25 Pa. Code § 105.12(a)(14) [2]Show the source text
(14) The maintenance of an artificial pond or reservoir to its original storage capacity where: (i) The contributory drainage area is less than or equal to 100 acres. (ii) The greatest depth of water at maximum storage elevation is less than or equal to 15 feet. (iii) The impounding capacity at maximum storage elevation is less than or equal to 50 acre feet.
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ProcessDEP explains that Waiver 14 covers maintenance of the reservoir area only if limited to the impoundment's original storage capacity and only accumulated sediment is removed; pond and dam owners should still obtain Erosion and Sediment Control Plan approval from their County Conservation District. DEP adds that federal authorization may be required from the U.S. Army Corps of Engineers and the PA Fish and Boat Commission may require a Drawdown Permit.
Applies when: Pond cleanout/dredging of non-jurisdictional ponds DEP, "Introduction to Ponds and Chapter 105" (Maintenance Dredging; FAQ) [5]Show the source text
Section 105.12(a)(14) of the Department’s Rules and Regulations provides for waiver of Water Obstruction and Encroachment Permit requirements for the maintenance of the reservoir area if this maintenance is limited to the impoundment’s original storage capacity and only accumulated sediment is removed. ... Pond and dam owners should still obtain Erosion and Sediment Control Plan approval from their County Conservation District. ... federal authorization may be required from US Army Corps of Engineers and the PA Fish and Boat Commission may require a Drawdown Permit.
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General permits and full permits
DEP describes five levels of Chapter 105 authorization: a waiver that needs no DEP approval; a waiver that needs Environmental Assessment approval (Waivers 11 and 16); a general permit registration approved by DEP or a delegated county conservation district; a Small Project individual permit, for projects with insignificant impact that are not located in wetlands; and a Standard individual permit. [6]
Work done under a general permit's specifications and conditions, by an owner who complies with its registration requirements, needs no individual permit. As of September 28, 2026, DEP's general permits page says there are 12 general permits, each for a particular activity, including GP-4 (intake and outfall structures; not in high quality or exceptional value waters or in wetlands), GP-7 (minor road crossings), GP-8 (temporary road crossings for one year, including wetland crossings less than 200 feet, where no practicable alternatives exist) and GP-9 (agricultural activities such as grassed or lined waterways, terraces, diversions and spring development; among other exclusions, not for streams with a drainage area greater than 100 acres). [3][16]
DEP's page says GP-7 covers minor road crossings of wetlands that individually disturb less than 0.1 acre of wetland while cumulative impacts total less than 0.25 acre, and minor road crossings of a stream where the watershed drainage area is 1.0 square mile or less; it is not for structures over 100 feet long (upstream to downstream) that enclose regulated water, or for streams or waterbodies, including wetlands, designated exceptional value. GP-4's Rev. 6/2013 text says that, unless the Fish and Boat Commission's Division of Environmental Services approves, GP-4 does not apply in stocked trout streams from March 1 through June 15, wild trout streams from October 1 through December 31, or Lake Erie tributaries from September 1 through December 1. [16][17]
The Small Project application is for small projects in streams or floodplains, such as on-grade construction and excavation within the floodplain or floodway; it may not be used for projects in wetlands, and DEP's limiting criteria also include no impacts on the habitat of rare, threatened or endangered species or species of special concern and no significant impacts to public water supplies, high quality and exceptional value watersheds, scenic rivers, and wild and stocked trout streams. A Standard application must include, among other things, a site plan at a scale of 1 inch = 200 feet or larger that demarcates the floodplains and regulated waters on the site with wetlands delineated, a detailed alternatives analysis and a mitigation plan. [7][13]
Under the Chapter 105 fee schedule effective February 16, 2013, as shown in the Pa. Code current through July 4, 2026, a joint application carries a $1,750 filing fee plus $800 per tenth acre of permanent and $400 per tenth acre of temporary disturbance to waterways, floodways/floodplains and wetlands (minimum 0.1 acre), and small projects follow the same fee requirements. General permit registration fees include $200 for GP-4, $350 for GP-7, $175 for GP-8 and $50 for GP-9, and conservation districts may charge additional review fees. DEP's joint permit instructions (Rev. 10/2025) state a 93-business-day goal for reviewing and deciding Chapter 105 applications, and that goal does not begin until a complete application has been received. [7][13]
DEP's joint permit instructions say that anyone seeking a Water Obstruction and Encroachment Permit to build in reservoirs, lakes, ponds, swamps, wetlands, marshes, bogs, floodways, waterways or open waters needs DEP approval of an Environmental Assessment as part of the permit review, and that the Environmental Assessment is a necessary part of a complete Chapter 105 application. Where no permit is otherwise required, a dam, water obstruction or encroachment in, along or projecting into a wetland, or a dam in, along or projecting into an exceptional value water, still may not be built until DEP approves an Environmental Assessment in writing; DEP has already conducted the assessment for all general permits and for Waivers 1-10 and 12-15. [7][18]
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ProcessDEP describes five levels of Chapter 105 authorization: (1) waiver of permitting requirements, with no DEP approval required; (2) waiver with Environmental Assessment approval required (Waivers 11 and 16, § 105.12(a)(11) and (16)); (3) General Permit authorization, with registration submitted to and approved by DEP or a delegated county conservation district; (4) Small Project individual permit application, for projects with insignificant impact that cannot be located in wetlands; and (5) Standard individual permit application.
DEP, "Permitting and Authorizations" (Chapter 105 Water Obstruction and Encroachment Permits and Authorizations) [6]Show the source text
1. Waiver of Permitting Requirements. ... no approval from DEP is required. ... These are activities under waivers 11 and 16 within the Chapter 105 regulations found at 25 Pa. Code § 105.12(a)(11) & (16). ... registration must be submitted to and approved by DEP or Delegated County Conservation District. ... Small Project Type applications are for projects which will have an insignificant impact on the safety and protection of life, health, property, or the environment and cannot be located in wetlands. ... 5. Standard Type – Individual Permit Application.
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ProcessWhen DEP has issued a general permit for a category of activity, a person may do work that meets the general permit's specifications and conditions without an individual permit; use of the general permit satisfies the § 105.11 permit requirement so long as the work follows the general permit's specifications and conditions and the owner complies with its registration requirements.
25 Pa. Code § 105.443(a)-(b) [3]Show the source text
in accordance with the specifications and conditions of the general permit may do so without filing an individual application for, and first obtaining, an individual permit. (b) Use of an applicable general permit shall satisfy the permit requirements set forth in § 105.11 (relating to permit requirements), so long as: (1) Activities are conducted in accordance with the specifications and conditions of the applicable general permit. (2) The owner of the dam, water obstruction or encroachment complies with the registration requirements
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StatusDEP's Chapter 105 General Permits page (current on 2026-09-28) states there are 12 general permits, each for a particular activity, and that DEP or a Chapter 105-delegated county conservation district can authorize an activity only when it meets the GP's terms and conditions. It describes GP-4 (Intake and Outfall Structures) as authorizing intake and outfall structures in, along, across or projecting into regulated waterways, not for use in high quality or exceptional value waters and not for use in wetlands.
DEP, "Chapter 105 General Permits" webpage [16]Show the source text
There are 12 different GPs, each related to a particular activity. ... DEP or a Chapter 105 delegated county conservation district can only authorize activities when the activity meets the terms and conditions of the Chapter 105 General Permit. ... GP-4 Intake and Outfall Structures, 3105-PM-BWEW0504 Authorizes the construction, operation, and maintenance of intake and outfall structures in, along, across or projecting into regulated waterways of the commonwealth. Not for use in high quality or exceptional value waters. Not for use in wetlands.
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Size cutoffGP-7 (Minor Road Crossings) authorizes minor road crossings of wetlands that individually disturb less than 0.1 acre of wetland while cumulative impacts total less than 0.25 acre, and minor road crossings of a stream whose watershed drainage area is 1.0 square mile or less; it is not for structures over 100 feet long (upstream to downstream) that enclose regulated water, and not for exceptional value streams or waterbodies (including wetlands).
Applies when: Access roads to a pond site that cross a stream or wetland DEP, "Chapter 105 General Permits" webpage (GP-7, 3150-PM-BWEW0507) [16]Show the source text
minor road crossings across wetlands which individually disturbs less than 0.1 acres of wetlands while cumulative impacts total less than 0.25 acres; (2) the construction, operation and maintenance of a minor road crossing across a stream where the watershed drainage area is 1.0 square mile or less; ... Not for bridge, culvert or other structure in excess of 100 feet in length upstream to downstream which encloses regulated water of the commonwealth. Not for use in streams or waterbodies (including wetlands) designated as exceptional value.
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Size cutoffGP-8 (Temporary Road Crossings) authorizes temporary road crossings of regulated waterways for one year, including wetland crossings less than 200 feet, where no practicable alternatives exist; GP-9 (Agricultural Activities) covers grassed or lined waterways, terraces, diversions, waste storage facilities and spring development, but is not for use in streams with a drainage area greater than 100 acres.
Applies when: Construction access across streams/wetlands; farm conservation practices near ponds DEP, "Chapter 105 General Permits" webpage (GP-8, 3150-PM-BWEW0508; GP-9, 3150-PM-BWEW0509) [16]Show the source text
Authorizes the construction, operation, and maintenance of temporary road crossings across regulated waterways of the commonwealth for one year, including wetland crossings less than 200 feet, where no practicable alternatives exist. ... These agricultural activities include: grassed or lined waterways, terraces, diversions, waste storage facilities, and spring development. ... Not for use in streams with a drainage area greater than 100 acres, Submerged Lands of this Commonwealth, or springs being developed for public drinking water.
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ProcessA small-projects permit application is available for small projects located in streams or floodplains, but this application may NOT be used for projects located in wetlands.
25 Pa. Code § 105.13(f) [13]Show the source text
(f) A permit application for small projects located in streams or floodplains must be accompanied by the following information. This permit application may not be used for projects located in wetlands.
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ProcessDEP's JPA instructions list the limiting criteria for Small Projects applications, including: no work in wetlands; no impacts to a federal wilderness area or national historic site; no impacts on the habitat of rare, threatened or endangered species or species of special concern (PNDI/IPaC review); and no significant impacts to public water supplies, high-quality and exceptional-value watersheds, scenic rivers, and wild and stocked trout streams. Examples of small projects include on-grade construction and excavations within the floodplain or floodway.
DEP, Joint Permit Application Instructions (3150-PM-BWEW0036, Rev. 10/2025), Section II.B [7]Show the source text
on-grade construction and excavations within the floodplain or floodway; ... SPECIFIC LIMITING CRITERIA FOR SMALL PROJECTS APPLICATIONS INCLUDE: 1. No work in wetlands. 2. No impacts to a Federal wilderness area or national historic site. 3. No impacts on the habitat of rare, threatened or endangered species or species of special concern based on a review of the PA Natural Diversity Inventory ... 4. No significant impacts to public water supplies, high-quality and exceptional-value watersheds, scenic rivers, and wild and stocked trout streams.
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ProcessApplicants are encouraged to request a pre-application meeting with DEP. A standard (non-small-project) application must include, among other things, a site plan at a scale of 1 inch = 200 feet or larger that completely demarcates the floodplains and regulated waters on the site, with wetlands identified and delineated under DEP's wetland delineation policy; a detailed alternatives analysis (including alternative locations, routings or designs); and a mitigation plan.
25 Pa. Code § 105.13(a), (e)(1)(i)(A) and (D), (e)(1)(viii)-(ix) [13]Show the source text
Applicants are encouraged to request a meeting with the Department prior to submission of their applications. ... (A) A complete demarcation of the floodplains and regulated waters of this Commonwealth on the site. The wetlands shall be identified and delineated in accordance with the Department’s Wetland Delineation Policy ... (D) A scale of one inch equals 200 feet or larger. ... (viii) Alternatives analysis. A detailed analysis of alternatives to the proposed action, including alternative locations, routings or designs ... (ix) Mitigation plan.
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FeeChapter 105 fees (regulation effective February 16, 2013; current in the Pa. Code through July 4, 2026): Joint application administrative filing fee $1,750, plus disturbance review fees of $800 per tenth acre of permanent disturbance and $400 per tenth acre of temporary disturbance to waterways, floodways/floodplains and wetlands (minimum 0.1 acre). Small projects require a joint application and follow the same fee requirements.
25 Pa. Code § 105.13(c)(2), (c)(2)(i) [13]Show the source text
| Joint application | Administrative filing fee (* plus applicable disturbance review fees) | $1,750 ... | Permanent disturbance | Waterways, floodways/floodplains and wetlands per tenth acre, minimum 0.1 acre | $800 | Temporary disturbance | Waterways, floodways/floodplains and wetlands per tenth acre, minimum 0.1 acre | $400 ... (i) Small projects require a joint application for a Water Obstruction and Encroachment Permit and follow the same fee requirements.
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TimelineDEP's JPA instructions state that the time frame for completing an application for the Chapter 105 program is 93 business days, and the 93-business-day goal does not begin until a complete application has been received.
DEP, Joint Permit Application Instructions (3150-PM-BWEW0036, Rev. 10/2025), "DEP Permit Review Process and Permit Decision Guarantee" [7]Show the source text
The time frame established for completing an application for the 105 program is 93 business days. ... The Department’s 93-business-day goal for review and decision of permit applications will not begin until a complete application has been received.
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ProcessDEP's JPA instructions state that an Environmental Assessment must be approved by DEP as part of the permit review for anyone seeking a Water Obstruction and Encroachment Permit to build in reservoirs, lakes, ponds, swamps, wetlands, marshes, bogs, floodways, waterways or open waters, and is a necessary part of a complete Chapter 105 application.
DEP, Joint Permit Application Instructions (3150-PM-BWEW0036, Rev. 10/2025), Section I.E [7]Show the source text
If you are seeking a Water Obstruction and Encroachment Permit to "build in" reservoirs, lakes, ponds, swamps, wetlands, marshes, bogs, floodways, waterways, or open waters in Pennsylvania, an Environmental Assessment must be approved by the DEP as part of the permit review process. The Environmental Assessment is a necessary part of a complete Chapter 105 Dam Safety and/or Water Obstruction and Encroachment Permit application.
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RequirementAn Environmental Assessment approved in writing by DEP is required before constructing, operating, maintaining, modifying, enlarging or abandoning: (a)(2) dams, water obstructions or encroachments located in, along or projecting into a wetland for which a permit is not otherwise required under Chapter 105; and (a)(3) dams located in, along or projecting into an exceptional value water (Chapter 93) for which a permit is not otherwise required.
Applies when: Non-jurisdictional pond dams or other work in wetlands or exceptional value waters that is not otherwise permitted 25 Pa. Code § 105.15(a)(2)-(3) [18]Show the source text
A person may not construct, operate, maintain, modify, enlarge or abandon the following categories of structures or activities until an Environmental Assessment has been approved in writing by the Department. ... (2) For dams, water obstructions or encroachments located in, along or projecting into a wetland for which a permit is not otherwise required under this chapter, ... (3) For dams located in, along or projecting into an exceptional value water as defined in Chapter 93 (relating to water quality standards) for which a permit is not otherwise required under this chapter,
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Wetlands
Chapter 105 defines wetlands as areas inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. DEP policy adopts the 1987 Corps of Engineers Wetland Delineation Manual, with the Corps' 1992 clarification memorandum and later changes, as the method for identifying and delineating wetlands. DEP's pond page says that if wetlands are suspected near a proposed pond or may be impacted, a certified wetland consultant must be hired to identify and delineate wetlands and watercourses and conduct the Environmental Assessment. [4][5][19]
Exceptional value wetlands include wetlands that are habitat for flora or fauna listed as threatened or endangered, and wetlands hydrologically connected to or within 1/2 mile of them that maintain that habitat; wetlands in or along the floodplain of the reach of a wild trout stream or of waters listed as exceptional value under Chapter 93; wetlands along an existing public or private drinking water supply that maintain its quality or quantity; and wetlands in DEP-designated natural or wild areas of State forest or park lands. All other wetlands are "other wetlands." [20]
For an exceptional value wetland, DEP will not grant a permit unless the applicant affirmatively demonstrates in writing, and DEP finds in writing, that among other things the project will not have an adverse impact on the wetland, is water-dependent, has no practicable alternative, and will replace affected wetlands. For other wetlands the required findings include no significant adverse impact, avoidance or reduction of impacts to the maximum extent possible, no practicable alternative and replacement of affected wetlands; for a project that is not water-dependent, it is a rebuttable presumption that a practicable non-wetland alternative with less adverse impact exists, and the applicant can rebut that presumption only with reliable and convincing evidence. [21]
Affected wetlands must be replaced at a minimum area ratio of 1:1 (replacement acres to affected acres), and DEP may require more based on the area affected and the functions and values destroyed or adversely affected; for work done without a permit where mitigation cannot be achieved, the minimum is 2:1. Replacement must be adjacent to the impacted wetland unless DEP approves another site, and alternative sites generally will not be approved unless they are in the same watershed. [22]
DEP says wetlands or perennial or intermittent streams unavoidably impacted by pond construction must be replaced, through DEP's in-lieu fee program (PIESCES), a mitigation bank, or replacement the owner creates. DEP says buying bank or in-lieu fee credits gives the applicant regulatory relief from compensatory mitigation requirements once the credits are purchased, while permittee-responsible mitigation does not. [5][23]
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DefinitionChapter 105 defines 'wetlands' as areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
25 Pa. Code § 105.1 (definition of "Wetlands") [4]Show the source text
Wetlands—Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
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ProcessDEP identifies and delineates wetlands using the 1987 Corps of Engineers Wetland Delineation Manual (Technical Report Y-87-1), the Corps' March 6, 1992 clarification memorandum, and any subsequent changes.
25 Pa. Code § 105.451(c) (statement of policy) [19]Show the source text
(c) The Department adopts and incorporates by reference the 1987 Corps of Engineers Wetland Delineation Manual (Technical Report Y-87-1) along with the guidance provided by the United States Army Corps of Engineers, Major General Arthur E. Williams’ memorandum dated 6 March 1992, Clarification and Interpretation of the 1987 Manual and any subsequent changes as the methodology to be used for identifying and delineating wetlands in this Commonwealth.
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RequirementDEP says that if wetlands or perennial/intermittent streams are unavoidably impacted during pond construction the resources must be replaced (through DEP's In-Lieu-Fee program, a mitigation bank, or owner-created replacement), and that if wetlands are suspected near or may be impacted by a proposed pond, a certified wetland consultant must be hired to identify and delineate wetlands and watercourses and conduct the Environmental Assessment.
DEP, "Introduction to Ponds and Chapter 105" (Mitigation for Impacts to Wetlands and Watercourses) [5]Show the source text
If wetlands or watercourses (perennial or intermittent streams) are unavoidably impacted during construction, the resources are required to be replaced. Owners may use DEP’s In-Lieu-Fee program or a local mitigation bank to purchase credits to mitigate for their impacts or create replacement resources on their own. ... If wetlands are suspected to exist near a proposed pond location, or may be impacted, a certified wetland consultant must be hired to identify and delineate wetlands and watercourses and conduct the Environmental Assessment.
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DefinitionChapter 105 is to be construed broadly to protect wetlands, and 'exceptional value' wetlands deserve special protection. Exceptional value wetlands include (i) wetlands that serve as habitat for fauna or flora listed as threatened or endangered, and (ii) wetlands hydrologically connected to or located within 1/2 mile of those wetlands that maintain the threatened or endangered species' habitat.
25 Pa. Code § 105.17(1)(i)-(ii) [20]Show the source text
This chapter will be construed broadly to protect this valuable resource. (1) Exceptional value wetlands. This category of wetlands deserves special protection. ... (i) Wetlands which serve as habitat for fauna or flora listed as ‘‘threatened’’ or ‘‘endangered’’ ... (ii) Wetlands that are hydrologically connected to or located within 1/2-mile of wetlands identified under subparagraph (i) and that maintain the habitat of the threatened or endangered species within the wetland identified under subparagraph (i).
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DefinitionExceptional value wetlands also include (iii) wetlands in or along the floodplain of the reach of a wild trout stream or of waters listed as exceptional value under Chapter 93; (iv) wetlands along an existing public or private drinking water supply that maintain its quality or quantity; and (v) wetlands in areas DEP designates as 'natural' or 'wild' areas within State forest or park lands. All wetlands not in the exceptional value category are 'other wetlands'.
Applies when: Farm ponds near wild trout streams, EV streams or drinking water sources 25 Pa. Code § 105.17(1)(iii)-(v), (2) [20]Show the source text
(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 ... (iv) Wetlands located along an existing public or private drinking water supply, ... that maintain the quality or quantity of the drinking water supply. (v) Wetlands located in areas designated by the Department as ‘‘natural’’ or ‘‘wild’’ areas within State forest or park lands, ... (2) Other wetlands. This category includes wetlands not categorized as exceptional value wetlands.
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RequirementDEP will not grant a permit for a dam, water obstruction or encroachment located in, along, across or projecting into an exceptional value wetland unless the applicant affirmatively demonstrates in writing, and DEP finds in writing, that (among other requirements) the project will not have an adverse impact on the wetland, the project is water-dependent, there is no practicable alternative, and the applicant will replace affected wetlands under § 105.20a.
Applies when: Any pond work in or affecting an exceptional value wetland 25 Pa. Code § 105.18a(a)(1)-(3), (7) [21]Show the source text
the Department will not grant a permit under this chapter for a dam, water obstruction or encroachment ... projecting into an exceptional value wetland ... unless the applicant affirmatively demonstrates in writing and the Department issues a written finding that the following requirements are met: (1) The dam, water obstruction or encroachment will not have an adverse impact on the wetland, ... (2) The project is water-dependent. ... (3) There is no practicable alternative to the proposed project ... (7) The applicant shall replace affected wetlands in accordance with § 105.20a
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RequirementFor wetlands that are not exceptional value, DEP will not grant a permit for a dam, water obstruction or encroachment in, along, across or projecting into the wetland unless the applicant affirmatively demonstrates in writing, and DEP finds in writing, that (among other requirements) the project will not have a significant adverse impact on the wetland, adverse impacts will be avoided or reduced to the maximum extent possible, and the applicant will replace the affected wetlands to compensate for unavoidable impacts under § 105.20a.
Applies when: Pond construction that would fill, excavate or impound any non-EV wetland 25 Pa. Code § 105.18a(b)(1), (2), (7) [21]Show the source text
(b) Other wetlands. ... the Department will not grant a permit ... projecting into the wetland which is not an exceptional value wetland ... unless the applicant affirmatively demonstrates in writing and the Department issues a written finding ... (1) The project will not have a significant adverse impact on the wetland, ... (2) Adverse environmental impacts on the wetland will be avoided or reduced to the maximum extent possible. ... (7) The applicant will replace the affected wetlands to compensate for unavoidable impacts, in accordance with § 105.20a.
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RequirementFor non-exceptional-value wetlands the applicant must also show there is no practicable alternative that would avoid the wetland or have less adverse impact. For a project that is not water-dependent, it is a rebuttable presumption that a practicable alternative not involving a wetland exists and would have less adverse impact; the applicant must rebut it with reliable and convincing evidence.
Applies when: Pond sited in a non-EV wetland 25 Pa. Code § 105.18a(b)(3), (b)(3)(i)-(ii) [21]Show the source text
(3) There is no practicable alternative to the proposed project that would not involve a wetland or that would have less adverse impact on the wetland, and that would not have other significant adverse impacts on the environment. ... (i) It shall be a rebuttable presumption that there is a practicable alternative, not involving a wetland, to a nonwater-dependent project, and that the alternative would have less adverse impact on the wetland. (ii) To rebut the presumption, an applicant for a permit under this chapter shall demonstrate with reliable and convincing evidence
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RequirementWetland replacement must be at a minimum area ratio of 1:1 (replacement acres to affected acres), and DEP may require more based on the area affected and the functions and values lost. For structures or activities constructed without a permit, where mitigation cannot be achieved, the minimum area ratio is 2:1.
25 Pa. Code § 105.20a(a)(1) [22]Show the source text
(1) Area ratio. The wetland shall be replaced at a minimum area ratio of replacement acres to affected acres of 1:1. The Department may require the area ratio to exceed 1:1 based on a determination of the area affected and the functions and values which will be destroyed or adversely affected by the project. For structures or activities constructed without a permit, and for which mitigation, as defined in § 105.1 (relating to definitions), cannot be achieved, the wetland shall be replaced at a minimum area ratio of 2:1 (replacement acres: affected acres).
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RequirementWetland functions and values that are physically and biologically the same as those lost must be replaced at a minimum ratio of 1:1. Replacement must be located adjacent to the impacted wetland unless DEP approves an alternative site, and alternative sites generally will not be approved unless in the same watershed as the wetland being replaced.
25 Pa. Code § 105.20a(a)(2)-(3) [22]Show the source text
(2) Function and value replacement. Functions and values that are physically and biologically the same as those that are lost shall be replaced at a minimum ratio of 1:1. ... (3) Siting criteria. Replacement shall be located adjacent to the impacted wetland unless an alternative replacement site is approved by the Department. Alternative replacement sites will generally not be approved unless the replacement site is located within the same watershed as the wetland being replaced
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ProcessDEP accepts three methods of compensatory mitigation: mitigation banking (the applicant buys credits from a private mitigation banker), in-lieu fee (the applicant buys credits from DEP through DEP's in-lieu fee program, PIESCES), and permittee-responsible mitigation (the permittee implements the mitigation as part of the approved permit). DEP says banking and in-lieu fee purchases provide applicants regulatory relief of compensatory mitigation requirements once credits are purchased, while permittee-responsible mitigation does not provide regulatory relief to the permittee.
DEP, "Compensatory Mitigation" webpage [23]Show the source text
Mitigation Banking involves the purchase of credits by the applicant from a private mitigation banker. ... This process provides applicants with regulatory relief of compensatory mitigation requirements once credits are purchased. In-Lieu Fee is the purchase of credits from DEP through DEP’s in-lieu fee program ... This program is PIESCES. This process provides applicants with regulatory relief ... Permittee Responsible compensatory mitigation is where permittees are responsible for implementing compensatory mitigation ... This process does not provide regulatory relief to the permittee.
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The joint state-federal permit (PASPGP-7)
Applicants file the Joint Permit Application with the appropriate DEP regional office as three complete packages (DEP keeps one and forwards one to the Army Corps and one to the Fish and Boat Commission) or through DEP's OnBase Public Upload, and on favorable review may receive both state and federal permits. The application must include a PNDI receipt, and under Act 14 DEP must wait 30 days from the date of project notification to both the local and county governments before issuing its permit. [7]
If DEP cannot issue the federal authorization, it forwards the application to the Corps for review. PASPGP-7, issued by the Baltimore, Philadelphia and Pittsburgh Districts, took effect July 1, 2026 in the applicable portions of Pennsylvania and expires June 30, 2031; it replaced PASPGP-6, which expired June 30, 2026. [6][8][24]
Single and complete projects that would cause more than 0.5 acre of permanent loss to waters of the United States, including jurisdictional wetlands, or a permanent loss of more than 1,000 linear feet of jurisdictional stream channel, are not eligible for PASPGP-7 and need a separate Corps permit application. As an exception to the 0.5-acre limit, PASPGP-7 states there is no eligibility threshold limitation for maintaining artificial ponds and impoundments by removing accumulated sediments. [12]
A project is Non-Reporting, with no project-specific Corps review, only when its overall impacts to waters of the United States, including jurisdictional wetlands, are no more than 1.00 acre temporary, no more than 0.25 acre permanent, and no more than 250 linear feet and/or 0.03 acre (1,307 square feet), whichever is less, of permanent impacts to jurisdictional waters other than wetlands; for sediment-removal maintenance of artificial ponds, the permanent threshold is 0.50 acre instead of 0.25 acre. In its list of Reporting Activities, PASPGP-7 also allows no more than 500 linear feet, with no square-foot limit, of permanent impacts to jurisdictional open waters for sediment-removal maintenance of existing artificial ponds, instead of the general 250 linear feet/0.03 acre. PASPGP-7's list of Non-Reporting activities includes GP-4 intakes and outfalls and work under Waivers 2 and 14, provided the project stays under the reporting thresholds and meets all PASPGP-7 conditions. Unless a valid Corps approved jurisdictional determination is submitted with the application, all proposed impacts to waters and wetlands count toward the eligibility and reporting thresholds. [12]
For Reporting activities, compensatory mitigation at a minimum 1:1 ratio (or by an appropriate function or condition assessment) will typically be required for federally regulated wetland losses over 0.10 acre, or stream losses over 0.03 acre (1,307 square feet) and/or 250 linear feet, unless the district engineer determines in writing that another form of mitigation is more environmentally appropriate or the adverse effects are no more than minimal. If the work impounds water, PASPGP-7 requires the adverse effects on the aquatic system from the accelerated passage of water and/or the restriction of its flow, including impacts to wetlands, to be minimized to the maximum extent practicable. [12]
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ProcessUnder the Joint Permit Application process, the applicant submits three complete application packages (including the General Information Form and Environmental Assessment Form) to the appropriate DEP regional office - DEP keeps one, forwards one to the Corps and one to the PA Fish and Boat Commission - or submits electronically through DEP's OnBase Public Upload; on favorable review the applicant may receive both state and federal permits.
DEP, Joint Permit Application Instructions (3150-PM-BWEW0036, Rev. 10/2025), Introduction [7]Show the source text
submitting three (3) complete application packages including the General Information Form and Environmental Assessment Form to the appropriate DEP Regional Office ... One copy of the application will be retained by the Department, one will be forwarded to the Corps, and the third copy will be forwarded to the Pennsylvania Fish and Boat Commission. Alternatively, a complete application package can be submitted using the DEP OnBase Public Upload ... Upon favorable review of the complete application package, the applicant may receive both state and federal permits for the project.
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ProcessDEP describes a joint application process with the U.S. Army Corps of Engineers for federal Clean Water Act Section 404 and Rivers and Harbors Act Section 10 permits: DEP reviews the Chapter 105 applications it receives as a one-stop-shop, and in most instances DEP or delegated county conservation districts can issue both state and federal authorization; if not, DEP forwards the application to the Corps for review.
DEP, "Permitting and Authorizations" (Federal Permitting – Joint Permitting Process Through DEP) [6]Show the source text
DEP has a joint application process with the U.S. Army Corps of Engineers (USACE) for the Federal Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act permits. ... Under this process, DEP reviews the Chapter 105 applications which it receives as a one-stop-shop for both state and federal permitting. In most instances DEP or Delegated County Conservation Districts can issue both state and federal permit authorization. However, if it is unable to issue the federal authorization, the application is forwarded by DEP to the USACE for its review.
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StatusPASPGP-7 is the Corps general permit in effect in Pennsylvania on 2026-09-28: it became effective July 1, 2026 and will expire June 30, 2031. It replaced PASPGP-6, which was effective July 1, 2021 and expired June 30, 2026. PASPGP-7 authorizes work in waters of the United States within portions of Pennsylvania that have no more than minimal adverse environmental effects, individually and cumulatively.
USACE Baltimore District, "Pennsylvania Permits" webpage (PASPGP-6 and PASPGP-7 sections) [8]Show the source text
PASPGP-6 became effective July 1, 2021 and will expire June 30, 2026. ... Pennsylvania State Programmatic General Permit-7 (PASPGP-7) - This is active starting July 1, 2026. PASPGP-7 authorizes work in waters of the United States within portions of Pennsylvania that have no more than minimal adverse environmental effects, individually and cumulatively, subject to the permit’s specific terms and conditions. ... PASPGP-7 became effective July 1, 2026 and will expire June 30, 2031.
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Size cutoffPASPGP-7 eligibility: single and complete projects are NOT eligible (and need a separate Corps permit application) if they would cause more than 0.5 acre of permanent loss of waters of the United States, including jurisdictional wetlands, or a permanent loss of more than 1,000 linear feet of jurisdictional stream channel. There is no eligibility threshold limitation for maintenance of artificial ponds/impoundments through removal of accumulated sediments.
PASPGP-7 (April 27, 2026), Part II.A.2-3 [12]Show the source text
2. Single and complete projects that will result in a total of more than 0.5 acre of permanent loss to waters of the United States, including jurisdictional wetlands, except for the following: ... b. There is no eligibility threshold limitation for those regulated activities in waters of the United States, including jurisdictional wetlands, for the maintenance of artificial ponds/impoundments through removal of accumulated sediments. ... 3. Single and complete projects that will result in a permanent loss of greater than 1,000 linear feet of jurisdictional stream channel(s),
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Size cutoffPASPGP-7 reporting thresholds: a project is Non-Reporting to the Corps (no project-specific Corps review) only when overall impacts to waters of the United States, including jurisdictional wetlands, are no more than 1.00 acre temporary; no more than 0.25 acre permanent; and no more than 250 linear feet and/or 0.03 acre (1,307 square feet), whichever is less, of permanent impacts to jurisdictional waters (streams, rivers, ponds, lakes, impoundments) excluding wetlands.
PASPGP-7 (April 27, 2026), Part III.B [12]Show the source text
A project shall be Non-Reporting to the Corps when the overall project impacts ... 1. No more than 1.00 acre of temporary impact; 2. No more than 0.25 acre of permanent impact, ... 3. No more than 250 linear feet and/or 0.03 acre (1,307 square feet), whichever is less, of permanent impacts to jurisdictional waters (streams, rivers, ponds, lakes, impoundments, etc.) excluding wetlands
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ProcessPASPGP-7 Non-Reporting Activities (federally authorized without notice to the Corps when under the reporting thresholds and all PASPGP-7 conditions are met) include intake and outfall structures authorized under DEP GP-4, activities under Chapter 105 Waiver 2 (water obstructions in a stream or floodway with a drainage area of 100 acres or less), and Waiver 14 (artificial pond and reservoir maintenance).
PASPGP-7 (April 27, 2026), Part III.A and III.D.4, 13, 19 [12]Show the source text
4. Intake and Outfall Structures: The regulated work must be authorized pursuant to PADEP GP-4. ... 13. Activities Waived at 25 PA Code § 105.12(a)(2) – Waiver 2 – Water Obstructions in a Stream or Floodway with a Drainage Area of 100 Acres or Less. ... 19. Activities Waived at 25 PA Code § 105.12(a)(14) – Waiver 14 – Artificial Ponds and Reservoir Maintenance.
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RequirementUnder PASPGP-7, applicants must accurately show all boundaries of potential waters and/or wetlands (regardless of jurisdictional status) on the project plans; unless a valid Corps approved jurisdictional determination (AJD) is submitted with the application, all proposed project impacts to waters and wetlands count toward PASPGP-7's eligibility and reporting thresholds (per Regulatory Guidance Letter 16-01); and any application containing a jurisdictional determination request is handled as a Reporting Activity.
PASPGP-7 (April 27, 2026), Part II (Eligibility, introductory text) [12]Show the source text
applicants are responsible for ensuring all boundaries of potential waters and/or wetlands (regardless of jurisdictional status) are accurately shown on the project plans. ... (Regulatory Guidance Letter 16-01), unless a valid approved jurisdictional determination (AJD) issued by the Corps is submitted with the application, all proposed project impacts to waters and wetlands will be used for purposes of determining the eligibility and reporting thresholds ... applications containing a jurisdictional determination (JD) request shall be reported to the Corps as a Reporting Activity
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RequirementUnder PASPGP-7, compensatory mitigation at a minimum 1:1 ratio (or via an appropriate function/condition assessment) will typically be required for Reporting Activities with federally regulated wetland losses over 0.10 acre, or stream losses over 0.03 acre (1,307 sq ft) and/or 250 linear feet, unless the district engineer determines in writing that another form of mitigation would be more environmentally appropriate or the adverse effects are no more than minimal.
PASPGP-7 (April 27, 2026), Part IV.A [12]Show the source text
Compensatory mitigation utilizing a minimum one-to-one ratio, or utilizing an appropriate function or condition assessment method, will typically be required for all federally regulated wetland losses that exceed 0.10 acre, or for stream losses that exceed 0.03 acre (1,307 square feet) and/or 250 linear feet, and are a Reporting Activity, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal.
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More detail
More detail: 37 more verified statements on Pennsylvania Chapter 105 streams, floodways and wetlands
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DefinitionA 'water obstruction' includes a dike, bridge, culvert, wall, wingwall, fill, pier, wharf, embankment, abutment or other structure located in, along or across or projecting into a watercourse, floodway or body of water. For ponds, lakes and reservoirs, a water obstruction counts as being in or along the body of water if, at normal pool elevation, it is either in the water or adjacent to and abutting the water's edge.
25 Pa. Code § 105.1 (definition of "Water obstruction") [4]Show the source text
Water obstruction— (i) A dike, bridge, culvert, wall, wingwall, fill, pier, wharf, embankment, abutment or other structure located in, along or across or projecting into a watercourse, floodway or body of water. (ii) In the case of ponds, lakes and reservoirs, a water obstruction is considered to be in or along the body of water if, at normal pool elevation, the water obstruction is either in the water or adjacent to and abutting the water’s edge.
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DefinitionA 'dam' is an artificial barrier, together with its appurtenant works, constructed for the purpose of impounding or storing water or other fluid or semifluid, or a refuse bank, fill or structure for highway, railroad or other purposes which does or may impound water or other fluid or semifluid. 'Fill' is sand, gravel, earth or other material placed or deposited to form an embankment or raise the elevation of the land surface, including material used to replace an area with aquatic life with dry land or to change the bottom elevation of a regulated water.
25 Pa. Code § 105.1 (definitions of "Dam" and "Fill") [4]Show the source text
Dam—An artificial barrier, together with its appurtenant works, constructed for the purpose of impounding or storing water or other fluid or semifluid, or a refuse bank, fill or structure for highway, railroad or other purposes which does or may impound water or other fluid or semifluid. ... Fill—Sand, gravel, earth or other material placed or deposited to form an embankment or raise the elevation of the land surface. The term includes material used to replace an area with aquatic life with dry land or to change the bottom elevation of a regulated water of this Commonwealth.
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RequirementThe Dam Safety and Encroachments Act itself prohibits any person from constructing, operating, maintaining, modifying, enlarging or abandoning any dam, water obstruction or encroachment without the prior written permit of DEP.
32 P.S. § 693.6(a) (Dam Safety and Encroachments Act § 6(a)) [9]Show the source text
(a) No person shall construct, operate, maintain, modify, enlarge or abandon any dam, water obstruction or encroachment without the prior written permit of the department.
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It is unlawful under the Dam Safety and Encroachments Act to violate (or assist in violating) the Act or its regulations, or to construct, enlarge, repair, alter, remove, maintain, operate or abandon any dam, water obstruction or encroachment contrary to the terms and conditions of a general or individual permit or DEP's rules and regulations.
32 P.S. § 693.18(1), (3) (Act § 18) [9]Show the source text
It shall be unlawful for any person to: (1) Violate or assist in the violation of any of the provisions of this act or of any rules and regulations adopted hereunder. ... (3) Construct, enlarge, repair, alter, remove, maintain, operate or abandon any dam, water obstruction or encroachment contrary to the terms and conditions of a general or individual permit or the rules and regulations of the department.
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Criminal penalties: unlawful conduct under the Act is a summary offense with a fine of $100 to $1,000 for each separate offense; unlawful conduct within two years after a summary conviction is a third-degree misdemeanor with a fine of $500 to $5,000 per offense and/or imprisonment of up to one year.
32 P.S. § 693.22(a)-(b) (Act § 22) [9]Show the source text
(a) Any person who engages in unlawful conduct as defined in this act is guilty of a summary offense and, upon conviction, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 for each separate offense, ... (b) Any person who, within two years after a conviction in a summary proceeding ... is guilty of a misdemeanor of the third degree and, upon conviction, shall be sentenced to pay a fine of not less than $500 nor more than $5,000 for each separate offense or to imprisonment for a period of not more than one year, or both.
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StatusThe official Pa. Code text of § 105.12 (waivers), current through 56 Pa.B. 4026 (July 4, 2026), shows its most recent amendment as January 7, 2011 (effective January 8, 2011), so the 2020 proposed waiver amendments are not reflected in the codified regulation as of that date.
25 Pa. Code § 105.12 (Source note) [2]Show the source text
The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 56 Pa.B. 4026 (July 4, 2026). ... amended January 7, 2011, effective January 8, 2011, 41 Pa.B. 219.
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DEP's JPA instructions explain that Chapter 106 (floodplain management) places additional permit requirements on the Commonwealth, political subdivisions and public utilities for activities in the floodplain, basically limited to the floodway fringe; activities in the floodway are already regulated under Chapter 105.
DEP, Joint Permit Application Instructions (3150-PM-BWEW0036, Rev. 10/2025), Section I.A [7]Show the source text
Under the Department’s Chapter 106 Rules and Regulations additional permit requirements are placed upon the Commonwealth, political subdivisions of the Commonwealth and Public Utilities for activities, structures or an assembly of materials on the floodplain which may impede, retard or change flood flows. ... Since such activities and structures within the floodway portion of the overall floodplain are already regulated under the Chapter 105 Rules and Regulations, the Chapter 106 requirements are basically limited to that floodway fringe area shown in Figure 1.2.
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For a water withdrawal intake in a pond, DEP says a Water Obstruction and Encroachment Permit may be required and, depending on the amount and purpose of the withdrawal, approvals may be needed from DEP's Safe Drinking Water Program or river basin commissions such as the Susquehanna River Basin Commission and the Delaware River Basin Commission; withdrawals may not dry up or otherwise degrade a water resource.
DEP, "Introduction to Ponds and Chapter 105" (FAQ: water withdrawal intake) [5]Show the source text
Answer: A Water Obstruction and Encroachment Permit may be required. Contact DEP with questions and see other information on this webpage. In addition, depending on the amount of water proposed to be withdrawn and the purpose of the withdrawal, approvals may be needed from the DEP Safe Drinking Water Program or the applicable river basin commissions, such as the Susquehanna River Basin Commission and the Delaware River Basin Commission. In any case, water withdrawals may not be of such rate or volume so as to dry up a water resource or otherwise degrade the water resource.
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ExemptionWaiver 6: no Chapter 105 permit is needed for a water obstruction or encroachment located in, along, across or projecting into a stormwater management facility or an erosion and sedimentation pollution control facility meeting Chapter 102, if the facility was constructed and continues to be maintained for that designated purpose.
Applies when: Ponds built and maintained as Chapter 102 stormwater or sediment-control facilities 25 Pa. Code § 105.12(a)(6) [2]Show the source text
(6) A water obstruction or encroachment located in, along, across or projecting into a stormwater management facility or an erosion and sedimentation pollution control facility which meets the requirements in Chapter 102 (relating to erosion and sediment control), if the facility was constructed and continues to be maintained for the designated purpose.
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ExemptionWaivers 7 and 8: no Chapter 105 permit is needed for (7) maintenance of field drainage systems that were constructed and continue to be used for crop production (including plowing, cultivating, seeding, grazing or harvesting; crop rotation; and government set-aside programs), or (8) plowing, cultivating, seeding or harvesting for crop production.
25 Pa. Code § 105.12(a)(7)-(8) [2]Show the source text
(7) Maintenance of field drainage systems that were constructed and continue to be used for crop production. Crop production includes: (i) Plowing, cultivating, seeding, grazing or harvesting. (ii) Crop rotation. (iii) Government set aside programs. (8) Plowing, cultivating, seeding or harvesting for crop production.
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ExemptionWaiver 9: no Chapter 105 permit is needed to build and maintain ford crossings of streams for individual private personal use that require only grading of banks for approach roads and placement of not more than 12 inches of gravel; fords may not be used commercially, must cross in the most direct manner, and the waiver does not apply in exceptional value streams (Chapter 93) or wild trout streams.
25 Pa. Code § 105.12(a)(9) [2]Show the source text
(9) Construction and maintenance of ford crossings of streams for individual private personal use which require only grading of banks for approach roads and the placement of not more than 12 inches of gravel for roadway stability. Fords may not be used for commercial purposes and shall cross the regulated waters of this Commonwealth in the most direct manner. This waiver does not apply in exceptional value streams as listed under Chapter 93 (relating to water quality standards) or in wild trout streams.
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ExemptionWaivers for older structures (construction completed before July 1, 1979): the permit requirement for existing structures is waived for, among others, (1) a dam not exceeding 5 feet in height in a nonnavigable stream operated and maintained for water supply purposes; (2) a dam DEP determines, from preliminary data submitted by the applicant, is Size Category C and Hazard Potential Category 4 (as defined in § 105.91) and that does not have a significant effect on coastal resources or an adverse impact on the environment; (3) a fill not located on navigable lakes and navigable rivers; and (6) an outfall, headwall or water intake structure.
Applies when: Existing ponds/dams/outlets completed before July 1, 1979 25 Pa. Code § 105.12(b)(1)-(3), (6) [2]Show the source text
if construction was completed prior to July 1, 1979. ... (1) A dam not exceeding 5 feet in height in a nonnavigable stream operated and maintained for water supply purposes. (2) A dam which the Department determines, on the basis of preliminary data submitted by the applicant, is of Size Category C and Hazard Potential Category 4, as defined in § 105.91 ... and does not have a significant effect on coastal resources or an adverse impact on the environment. (3) A fill not located on navigable lakes and navigable rivers. ... (6) An outfall, headwall or water intake structure.
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RequirementDEP has already conducted the environmental assessment for all general permits and for waivers § 105.12(a)(1)-(10) and (12)-(15), and for pre-1979 structures under § 105.12(b) and activities with water quality certification for a Nationwide permit, so no separate Environmental Assessment is needed for those; Waivers 11 and 16 are not included.
25 Pa. Code § 105.15(d) [18]Show the source text
(d) The environmental assessment has been conducted by the Department for all general permits, categories of structures and activities listed in § 105.12(a)(1)—(10) and (12)—(15) (relating to waiver of permit requirements). The environmental assessment has also been conducted for the structures or activities listed in § 105.12(b) or for which water quality certification has been granted for a Nationwide permit regulating the structure or activity and the environmental assessment requirements have been deemed satisfied.
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RequirementOutside wetlands, DEP will not approve a permit for a project located in or within 100 feet of a watercourse or body of water designated as a wild or scenic river, in or within 100 feet of a federal wilderness area, within an area that serves as habitat of a threatened or endangered species, or in waters designated exceptional value in Chapter 93, unless the applicant demonstrates and DEP finds the project will not have an adverse impact on public natural resources.
25 Pa. Code § 105.16(c)(1)-(4) [25]Show the source text
An application for a permit will not be approved by the Department in the following areas unless the applicant demonstrates and the Department finds that the project will not have an adverse impact upon the public natural resources: (1) A project located in or within 100 feet of a watercourse or body of water ... wild or scenic river ... (2) A project located in or within 100 feet of a Federal wilderness area ... (3) A project located within an area which serves as a habitat of a threatened or endangered species ... (4) A project located in waters designated as exceptional value
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RequirementExcept for small projects, a Chapter 105 permit application must be accompanied by proof of an application for an Earth Disturbance Permit or an erosion and sedimentation control plan conforming to Chapter 102; earthmoving activities, including small projects, must be conducted under an earth disturbance plan.
25 Pa. Code § 105.13(g) [13]Show the source text
(g) Except for small projects, an application for a permit under this chapter shall be accompanied by proof of an application for an Earth Disturbance Permit or an erosion and sedimentation control plan for activities in the stream and earthmoving activities. The plan must conform to requirements in Chapter 102 (relating to erosion and sediment control) ... Earthmoving activities, including small projects, shall be conducted pursuant to an earth disturbance plan.
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RequirementPlans, specifications and reports for any category of dam, or for water obstructions or encroachments that would pose a threat to human life or substantial potential risk to property, must bear the seal of a registered professional engineer and a signed certification.
25 Pa. Code § 105.13(j) [13]Show the source text
(j) Plans, specifications and reports accompanying applications for any category of dams, or for bridges and other water obstructions or encroachments which would pose a threat to human life or substantial potential risk to property shall be affixed with the seal of a registered professional engineer and a certification, signed by the registered professional engineer
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TimelineIf DEP or a delegated local agency finds an application or registration incomplete, it notifies the applicant in writing and the applicant has 60 days to complete it; otherwise it is considered withdrawn (extensions may be requested in writing), and fees for a withdrawn application are not refunded.
25 Pa. Code § 105.13(e)(4)-(5); see also § 105.13a(b) [13]Show the source text
The applicant shall have 60 days to provide the information necessary to complete the application or registration. Thereafter, the Department or delegated local agency will consider the application to be withdrawn by the applicant. Requests for a specific extension may be sought by the applicant in writing. ... (5) If the application has been withdrawn in accordance with paragraph (4), the fees associated with filing the application will not be refunded.
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ProcessDEP publishes notice in the Pennsylvania Bulletin when it receives a Chapter 105 application and again when it issues or denies the permit, except for activities authorized by waiver (§ 105.12), emergency permit (§ 105.64), general permits (Subchapter L) or as small projects.
25 Pa. Code § 105.21a [26]Show the source text
Except for dams, water obstructions and encroachments authorized under § § 105.12, 105.64 and Subchapter L (relating to waiver of permit requirements; emergency permit; and general permits), or as small projects, the Department will publish a notice in the Pennsylvania Bulletin upon receipt of an application and again upon the issuance or denial of a permit by the Department.
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RequirementGP-4 (Intake and Outfall Structures) does not apply in wetlands; in streams or water bodies specified as High Quality (HQ) or Exceptional Value (EV) in Chapter 93; or, unless the Fish and Boat Commission's Division of Environmental Services approves, in stocked trout streams from March 1 through June 15, wild trout streams from October 1 through December 31, or Lake Erie tributaries from September 1 through December 1.
Applies when: Pond intake from a stream or pond outlet/outfall to a stream DEP General Permit BWEW-GP-4, ¶ 6(e)-(g) (3150-PM-BWEW0504, Rev. 6/2013) [17]Show the source text
6. SPECIFIC AREAS WHERE GENERAL PERMIT DOES NOT APPLY - This General Permit is not authorized in the following areas: ... e. Wetlands. f. Those streams or water bodies specified as high-quality (HQ) or Exceptional Value (EV) in 25 PA Code Chapter 93. ... g. Stocked trout streams from March 1 through June 15, wild trout streams from October 1 through December 31 and Lake Erie tributaries from September 1 through December 1 unless approval is obtained from the Fish and Boat Commission's Division of Environmental Services.
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RequirementGP-4 conditions include: the owner may not begin work until it has registered with the appropriate office and received an acknowledgement of that registration; the GP authorizes only outfall structures with a pipe outfall 36 inches in diameter or less; intakes must be sized and located so they do not violate the riparian rights of downstream users; and intakes must be screened or otherwise designed to prevent impingement and entrainment of fish.
DEP General Permit BWEW-GP-4, ¶¶ 8, 13(e)-(g) (3150-PM-BWEW0504, Rev. 6/2013) [17]Show the source text
The owner may not begin work until he has notified the appropriate office and received an acknowledgement of that registration. ... This General Permit authorizes the construction only of those outfall structures having a pipe outfall 36 inches in diameter or less. f. Intake structures shall be properly sized and located so that the intake does not violate the riparian rights of downstream users ... g. Intake structures shall be screened or otherwise properly designed to prevent impingement and entrainment of fish.
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StatusGP-4 states that it remains in effect indefinitely unless specifically modified, suspended or revised by DEP, and DEP may suspend, modify or revoke it at any time upon notice in the Pennsylvania Bulletin.
DEP General Permit BWEW-GP-4, ¶¶ 10-11 (3150-PM-BWEW0504, Rev. 6/2013) [17]Show the source text
10. EFFECTIVE TIME PERIOD - This General Permit will remain in effect indefinitely unless specifically modified, suspended or revised by the Department. 11. SUSPENSION, MODIFICATION OR REVOCATION - The Department may suspend, modify, or revoke this General Permit at any time upon notice in the Pennsylvania Bulletin.
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FeeChapter 105 general permit registration fees relevant to pond projects: GP-2 (small docks and boat launching ramps) $175; GP-4 (intake and outfall structures) $200; GP-7 (minor road crossings) $350; GP-8 (temporary road crossings) $175; GP-9 (agricultural activities) $50; GP-11 (maintenance, repair or replacement of water obstructions and encroachments) $750, which also requires disturbance review fees when applicable. Conservation districts may charge additional review fees.
25 Pa. Code § 105.13(c)(2), (c)(2)(ii)(A)-(B) [13]Show the source text
| GP-2 | Small docks and boat launching ramps | $175 ... | GP-4 | Intake and outfall structures | $200 ... | GP-7 | Minor road crossings | $350 | GP-8 | Temporary road crossings | $175 | GP-9 | Agricultural activities | $50 ... | GP-11* | Maintenance, testing, repair, rehabilitation or replacement of water obstructions and encroachments | $750 ... (A) General Permit registration for GP-11 and GP-15 also requires disturbance review fees when applicable. (B) Conservation districts may charge additional review fees
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FeeEnvironmental Assessment fees in the regulation: $500 for an Environmental Assessment for waived activities under § 105.12(a)(11) and (16); and Environmental Assessment review fees for nonjurisdictional dams (and letters of amendment/authorization) of $1,400 (Size Category A), $1,000 (B) and $900 (C).
25 Pa. Code § 105.13(c)(1)(vi), (c)(2) [13]Show the source text
(vi) Environmental assessment review fees for nonjurisdictional dams, letters of amendment or letters of authorization. | Size Category | Fee | A | $1,400 | B | $1,000 | C | $900 ... | | Environmental assessment for waived activities (§ 105.12(a)(11) and (16) per § 105.15(d)) | $500
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DefinitionDam Size Category is set by storage or height, whichever gives the higher category: Category C is impoundment storage of 1,000 acre-feet or less and dam height of 40 feet or less. Hazard Potential Category 4 means no population at risk expected and minimal economic loss.
25 Pa. Code § 105.91(b) [27]Show the source text
Size Category will be determined by either storage or height of structure, whichever results in the higher category. ... | C | Equal to or less than 1000 | Equal to or less than 40 ... | 4 | None expected (no permanent structures for human habitation or employment.) | Minimal damage to private or public property and no significant public inconvenience.
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FeeDEP's pond FAQ, answering whether a permit is needed for a non-jurisdictional dam across a stream, says dams across streams are discouraged and that, depending on design, a Water Obstruction and Encroachment Permit or an Environmental Assessment approval may be required; it states there is a $500 Environmental Assessment review fee and that permit fees are $1,750 plus $800 for every tenth acre of permanent disturbance and $400 for every tenth acre of temporary disturbance, plus possible engineering, consulting and mitigation costs.
Applies when: Non-jurisdictional pond dam across a stream DEP, "Introduction to Ponds and Chapter 105" (FAQ: non-jurisdictional dam across a stream) [5]Show the source text
Dams across streams are discouraged ... Depending on the specific design of the dam, pond construction, structures and excavation, a Water Obstruction and Encroachment Permit or an Environmental Assessment approval may be required. There is a $500 Environmental Assessment review fee and the Water Obstruction and Encroachment Permit Fees are $1,750 plus $800 for every tenth acre of permanent disturbance of waters and $400 for every tenth acre of temporary disturbance to waters. In addition there may be engineering, consulting, and mitigation costs.
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RequirementWetland information requirements scale with impact: a project affecting less than 1 acre of non-exceptional-value wetland must describe the functions and values of the wetlands to be impacted; a project that may affect an exceptional value wetland or 1 or more acres of wetland must also include a functions-and-values assessment using a DEP-accepted methodology and a survey of the delineated wetland boundary by a licensed professional land surveyor.
25 Pa. Code § 105.13(e)(2)-(3) [13]Show the source text
(2) An application for a project which will affect less than 1 acre of wetland where the wetland is not exceptional value wetland shall also include a description of functions and values of the existing wetlands to be impacted by the project ... (3) An application for a project which may have an effect on an exceptional value wetland or on 1 or more acres of wetland must also include an assessment of the wetland functions and values using a methodology accepted by the Department and a survey, conducted by a licensed professional land surveyor, of the wetland boundary
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ExemptionDEP policy treats 'prior converted cropland' as not regulated as wetlands under Chapter 105's wetland protection program. Prior converted cropland means wetlands that were drained, dredged, filled, leveled or otherwise manipulated before December 23, 1985, that have not been abandoned, where the manipulation was for the purpose of, or had the effect of, making the production of an agricultural commodity possible, and on which an agricultural commodity was planted or produced at least once before December 23, 1985. Abandonment means cessation of cropping, forage production or management for 5 consecutive years (with further conditions).
Applies when: Farm ponds proposed on cropland converted from wetland before Dec. 23, 1985 25 Pa. Code § 105.452(c) (statement of policy) [28]Show the source text
These prior converted croplands are not regulated as wetlands under the Commonwealth’s Wetland Protection Program ... wetlands that were drained, dredged, filled, leveled or otherwise manipulated, ... before December 23, 1985, and have not been abandoned, for the purpose of, or to have the effect of making the production of an agricultural commodity possible, and an agricultural commodity was planted or produced at least once prior to December 23, 1985. (1) Abandonment is the cessation of cropping, forage production or management on prior converted cropland for 5 consecutive years
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RequirementFor a Joint Permit Application, DEP must receive copies of the Act 14 notification letters to each affected municipality and proof that each municipality received the notification; Act 14 requires DEP to wait 30 days from the date of project notification to both the local and county governments before issuing its permit(s).
DEP, Joint Permit Application Instructions (3150-PM-BWEW0036, Rev. 10/2025), checklist item c (Acts 14/67/68/127) [7]Show the source text
Act 14 Municipal and County Notification requires that the Department wait 30 days from the date of project notification to both the local and county governments before issuing its permit(s). DEP must receive a copy of the Act 14 notification letters to each affected municipality and proof that each municipality received the notification.
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RequirementA Pennsylvania Natural Diversity Inventory (PNDI) receipt is required with the permit application/registration; the receipt is valid for two years from the search date, and the PNDI receipt may direct further coordination with the U.S. Fish and Wildlife Service (including its IPaC tool).
DEP, Joint Permit Application Instructions (3150-PM-BWEW0036, Rev. 10/2025), checklist item e (PNDI) [7]Show the source text
Upon completion of the review, a PNDI Receipt, valid for a period of two years from the date the search was conducted, is automatically available for printing. To provide proof of coordination with PNHP and PNDI, applicants must submit a PNDI Receipt as part of the permit application/registration. NOTE: The PNDI search is the first step, and the receipt may direct further coordination with the U.S. Fish and Wildlife Service (USFWS)
Open Pennsylvania Department of Environmental Protection (opens in a new tab) -
StatusThe Corps' Special Public Notice SPN-26-21 (published June 15, 2026) announced that PASPGP-7 was issued for a 5-year period by the commanders of the Baltimore, Philadelphia and Pittsburgh Districts and would be implemented and in full effect in the applicable portions of Pennsylvania on July 1, 2026.
USACE Philadelphia District, Special Public Notice SPN-26-21 (June 15, 2026) [24]Show the source text
The purpose of this Public Notice is to inform the public that the Pennsylvania State Programmatic General Permit-7 (PASPGP-7) has been issued for a 5-year period by Colonel Francis B. Pera, Lieutenant Colonel Ryan A. Baum, and Colonel Nicholas O. Melin, of the Baltimore, Philadelphia, and Pittsburgh Districts respectively. 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) -
Size cutoffPASPGP-7 gives maintenance of artificial ponds/impoundments through removal of accumulated sediments a higher permanent-impact threshold of 0.50 acre (instead of 0.25 acre) (Part III.B.2.c). In its list of Reporting Activities (Part III.E.2.c.ii), PASPGP-7 also allows no more than 500 linear feet (no square-foot limitation) of permanent impacts to jurisdictional open waters for maintenance of existing artificial ponds/impoundments through removal of accumulated sediment, instead of the general 250 linear feet/0.03 acre.
Applies when: Dredging/sediment removal in existing ponds PASPGP-7 (April 27, 2026), Part III.B.2.c; Part III.E.2.c.ii [12]Show the source text
where the permanent impact threshold is 0.50 acre: ... c. Maintenance of artificial ponds/impoundments through removal of accumulated sediments. ... ii. No more than 500 linear feet (no square feet limitation) for maintenance of existing artificial ponds/impoundments through removal of accumulated sediment;
Open U.S. Army Corps of Engineers, Baltimore, Philadelphia and Pittsburgh Districts (opens in a new tab) -
ProcessUnder PASPGP-7 Non-Reporting Activity 29, activities authorized by a DEP Water Obstruction and Encroachment Permit (individual or small projects), Dam Permit, or Environmental Assessment Approval may be authorized by PASPGP-7 after an opportunity for review and comment by the Corps, other agencies and the public, through publication in the Pennsylvania Bulletin at least 30 days before the DEP authorization takes effect.
PASPGP-7 (April 27, 2026), Part III.D.29(a) [12]Show the source text
These activities may be authorized by PASPGP-7 after an opportunity for review and comment by the Corps, all other federal and state resource agencies, and the general public. Publication in the Pennsylvania Bulletin will be at least 30 days prior to the effective date of the PADEP authorization. a. Activities Requiring Pennsylvania State Permits or Approvals: This is limited to activities authorized pursuant to PADEP Water Obstruction and Encroachment Permit (including an Individual Permit or Small Projects Permit), Dam Permit, or Environmental Assessment Approval
Open U.S. Army Corps of Engineers, Baltimore, Philadelphia and Pittsburgh Districts (opens in a new tab) -
RequirementFor PASPGP-7 Non-Reporting Activities 1-21 and 23-31, the permit application must include at least one listed Endangered Species Act document - for example, a final PNDI search receipt stating 'No Known Impact, No Further Review Required' for the U.S. Fish and Wildlife Service.
PASPGP-7 (April 27, 2026), Part III.C.1 [12]Show the source text
1. Permit applicants for project-specific activities listed as Non-Reporting Activities 1 through 21, and 23 through 31 below are required to include at least one of the following with their permit applications: a. A Pennsylvania Natural Diversity Index (PNDI) final search receipt stating, “No Known Impact, No Further Review Required,” for United States Fish and Wildlife Service (USFWS);
Open U.S. Army Corps of Engineers, Baltimore, Philadelphia and Pittsburgh Districts (opens in a new tab) -
ProcessUnder PASPGP-7, applicants submit the required DEP permit application to the appropriate DEP office; for Reporting Activities where DEP requires no permit application, project information and Engineering Form 4345 go directly to the appropriate Corps District. Wetland boundaries must be delineated using the 1987 Corps of Engineers Wetland Delineation Manual, including applicable guidance and regional supplements.
PASPGP-7 (April 27, 2026), Part IV.A [12]Show the source text
Applicants must submit the required PADEP permit application to the appropriate PADEP office. For Reporting Activities, where PADEP does not require a permit application, information on the proposed project and Engineering Form 4345 shall be submitted directly to the appropriate Corps District. ... The delineation of wetland boundaries shall be accomplished in accordance with the 1987 Corps of Engineers Wetland Delineation Manual (Technical Report Y-87-1), including all applicable guidance, regional supplements.
Open U.S. Army Corps of Engineers, Baltimore, Philadelphia and Pittsburgh Districts (opens in a new tab) -
RequirementPASPGP-7 General Condition 8 requires that if a regulated activity impounds water, the adverse effects on the aquatic system from accelerated passage of water and/or restriction of its flow, including impacts to wetlands, be minimized to the maximum extent practicable; General Condition 9 exempts activities whose primary purpose is to impound water from the rule against restricting normal or high flows.
Applies when: On-stream (impounding) ponds authorized federally under PASPGP-7 PASPGP-7 (April 27, 2026), Part V.A General Conditions 8-9 [12]Show the source text
8. Adverse Effects from Impoundment: If the regulated activity impounds water, directly or indirectly, the adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow, including impacts to wetlands, shall be minimized to the maximum extent practicable. ... The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows.
Open U.S. Army Corps of Engineers, Baltimore, Philadelphia and Pittsburgh Districts (opens in a new tab) -
TimelinePASPGP-7 expires June 30, 2031 unless suspended or revoked, and PASPGP-7 verifications expire June 30, 2031 or earlier if the PASPGP-7 permit is suspended or revoked or the DEP authorization expires. PASPGP-6 verifications expired June 30, 2026, but PASPGP-6 work that had commenced or was under contract remains authorized if completed by June 30, 2027 or the verification's own expiration, whichever is sooner.
PASPGP-7 (April 27, 2026), General Condition 15 and Part III.D.30 (NOTE) [12]Show the source text
NOTE: PASPGP-6 verifications expire on June 30, 2026. Activities authorized by PASPGP-6 that have commenced construction or are under contract to commence construction will remain authorized by PASPGP-6 provided the activity is completed by June 30, 2027, or until the expiration date of the project-specific verification, whichever is sooner. ... a. PASPGP-7 expires June 30, 2031, unless suspended or revoked. b. Verifications of PASPGP-7 expire June 30, 2031, unless the PASPGP-7 permit is suspended, revoked, or the PADEP authorization expires, whichever date occurs sooner.
Open U.S. Army Corps of Engineers, Baltimore, Philadelphia and Pittsburgh Districts (opens in a new tab) -
StatusThe Baltimore District states that the 2026 Nationwide Permits (final rule published January 8, 2026, 91 FR 786) took effect March 15, 2026 and expire March 14, 2031, but that most NWPs have been suspended in the Baltimore and Philadelphia Districts' areas of responsibility within Pennsylvania because (in the page's words) PASPGP-6 provides comparable Department of the Army authorization.
USACE Baltimore District, "Pennsylvania Permits" webpage (Nationwide Permits) [8]Show the source text
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. On January 8, 2026, the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register (91 FR 786) announcing the reissuance of 56 existing Nationwide Permits (NWPs), the issuance of one new NWP, and the decision to not reissue one NWP. These NWPs will go into effect on March 15, 2026, and will expire on March 14, 2031
Open U.S. Army Corps of Engineers, Baltimore District (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 Waiver 2 (a water obstruction in a stream or floodway draining 100 acres or less) covers a small non-jurisdictional pond embankment across a small drainage, or digging a pond in the channel or floodway. — ask: DEP regional office Waterways and Wetlands Program, or a delegated county conservation district
- Which Environmental Assessment review fee DEP actually charges for a small (non-jurisdictional, Size Category C) pond dam: $500 as the pond FAQ says, or $900 as the regulation and fee worksheet list. — ask: DEP Bureau of Waterways Engineering and Wetlands or the DEP regional office
- Whether DEP treats a farm, livestock or recreation pond as "water-dependent" under the wetland alternatives test. — ask: DEP regional office Waterways and Wetlands Program
- What credential DEP means by a "certified wetland consultant" for pond projects. — ask: DEP regional office Waterways and Wetlands Program
- Whether the professional engineer seal required for plans for "any category of dams" applies to a non-jurisdictional pond embankment reviewed only through a water obstruction permit or Environmental Assessment. — ask: DEP Division of Dam Safety or the regional Waterways and Wetlands Program
- Current version dates and full terms of GP-7, GP-8, GP-9 and GP-11. This section relies on DEP's summary page for those permits and on the Rev. 6/2013 text of GP-4. — ask: DEP eLibrary (Chapter 105 general permits) or the DEP regional office
- Whether Nationwide Permits are available in Pennsylvania now that PASPGP-7 is in effect: the Baltimore District's suspension note still names PASPGP-6, and the Pittsburgh District's status was not checked. — ask: U.S. Army Corps of Engineers Baltimore, Philadelphia or Pittsburgh District regulatory office
- Whether the 93-business-day Permit Decision Guarantee review goal is still DEP's operative standard for Chapter 105 applications in late 2026. — ask: DEP Policy Office or the DEP regional office
- Which county conservation districts currently hold delegated Chapter 105 authority (DEP refers to a delegation map that was not reviewed). — ask: DEP Bureau of Waterways Engineering and Wetlands; Pennsylvania Association of Conservation Districts
Sources
Every statement above links to one of these official sources. Expand “Show the source text” under any statement to read the exact passage it rests on.
- 25 Pa. Code § 105.11. Permit requirements (opens in a new tab) — Pennsylvania Code & Bulletin (Legislative Reference Bureau), document date amended Jan. 7, 2011, effective Jan. 8, 2011, 41 Pa.B. 219, retrieved September 28, 2026
- 25 Pa. Code § 105.12 Waiver of permit requirements - used in notes for currency (opens in a new tab) — Pennsylvania Code & Bulletin (Legislative Reference Bureau), document date current through 56 Pa.B. 4026 (July 4, 2026), retrieved September 28, 2026
- 25 Pa. Code § 105.443. Nature of a general permit; substitution for individual applications and permits. (opens in a new tab) — Pennsylvania Code & Bulletin, document date adopted eff. January 3, 1981 (11 Pa.B. 9), retrieved September 28, 2026
- 25 Pa. Code § 105.1 (Definitions) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011 (41 Pa.B. 219), retrieved September 28, 2026
- Introduction to Ponds and Chapter 105 (opens in a new tab) — Pennsylvania Department of Environmental Protection, retrieved September 28, 2026
- Stream and Wetland Regulatory Program — Permitting and Authorizations (opens in a new tab) — PA DEP, Bureau of Waterways Engineering and Wetlands, retrieved September 28, 2026
- 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
- 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
- Dam Safety and Encroachments Act, Act of Nov. 26, 1978, P.L. 1375, No. 325 - used in notes to confirm section 21 penalty cap (opens in a new tab) — Pennsylvania General Assembly, retrieved September 28, 2026
- Regulation #7-556 (IRRC #3278): Dam Safety and Waterway Management — regulation record (opens in a new tab) — Pennsylvania Independent Regulatory Review Commission, document date status: Withdrawn By Law, Feb. 3, 2023, retrieved September 28, 2026
- 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
- Pennsylvania State Programmatic General Permit-7 (PASPGP-7), permit with Appendices A-B (opens in a new tab) — U.S. Army Corps of Engineers, Baltimore, Philadelphia and Pittsburgh Districts, document date Signed April 27, 2026; effective July 1, 2026, retrieved September 28, 2026
- 25 Pa. Code § 105.13 (Regulated activities—information and fees) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Feb. 16, 2013 (43 Pa.B. 967), retrieved September 28, 2026
- Chapter 105 Fee(s) Calculation Worksheet, 3150-PM-BWEW0553 Rev. 7/2016 (opens in a new tab) — PA DEP, Bureau of Waterways Engineering and Wetlands (DEP eLibrary), document date Rev. 7/2016, retrieved September 28, 2026
- 25 Pa. Code § 105.3 (Scope) (opens in a new tab) — Pennsylvania Code & Bulletin (Legislative Reference Bureau), document date Code current through 56 Pa.B. 4026 (July 4, 2026); § 105.3 last amended eff. Oct. 12, 1991, retrieved September 28, 2026
- Chapter 105 General Permits (opens in a new tab) — PA Department of Environmental Protection, retrieved September 28, 2026
- General Permit BWEW-GP-4, Intake and Outfall Structures (3150-PM-BWEW0504) (opens in a new tab) — Pennsylvania Department of Environmental Protection, document date Rev. 6/2013, retrieved September 28, 2026
- 25 Pa. Code § 105.15 (Environmental assessment) (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. Jan. 8, 2011, retrieved September 28, 2026
- 25 Pa. Code § 105.451. Identification and delineation of wetlands—statement of policy. (opens in a new tab) — Pennsylvania Code & Bulletin, document date last amended eff. February 3, 1996 (26 Pa.B. 494), retrieved September 28, 2026
- 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
- 25 Pa. Code § 105.18a. Permitting of structures and activities in wetlands. (opens in a new tab) — Pennsylvania Code & Bulletin, document date adopted eff. October 12, 1991 (21 Pa.B. 4911), retrieved September 28, 2026
- 25 Pa. Code § 105.20a. Wetland replacement criteria. (opens in a new tab) — Pennsylvania Code & Bulletin, document date adopted eff. October 12, 1991 (21 Pa.B. 4911), retrieved September 28, 2026
- Compensatory Mitigation (opens in a new tab) — Pennsylvania Department of Environmental Protection, retrieved September 28, 2026
- 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
- 25 Pa. Code § 105.16 (Environmental, social and economic balancing) (opens in a new tab) — Pennsylvania Code & Bulletin (Legislative Reference Bureau), document date § 105.16 last amended eff. Oct. 12, 1991 (21 Pa.B. 4911), retrieved September 28, 2026
- 25 Pa. Code § 105.21a. Public notice. (opens in a new tab) — Pennsylvania Code & Bulletin, document date adopted eff. October 12, 1991 (21 Pa.B. 4911), retrieved September 28, 2026
- 25 Pa. Code Chapter 105 (Dam Safety and Waterway Management) - used in notes to check the § 105.1 floodway definition (opens in a new tab) — Pennsylvania Code & Bulletin (Legislative Reference Bureau), document date current through 56 Pa.B. 4026 (July 4, 2026), retrieved September 28, 2026
- 25 Pa. Code § 105.452 Status of prior converted cropland - statement of policy - used in notes for currency (opens in a new tab) — Pennsylvania Code & Bulletin (Legislative Reference Bureau), document date adopted Feb. 2, 1996; current through 56 Pa.B. 4026 (July 4, 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.
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