Chapter 105: Waterways and Wetlands Management
Due to financial and logistic reasons, the Sullivan County Conservation District has suspended its work with the Chapter 105 program.
Please refer all questions and/or needs to the North Central Regional Office of the PA Department of Environmental Protection at 570-327-3574 .
Please refer all questions and/or needs to the North Central Regional Office of the PA Department of Environmental Protection at 570-327-3574 .
BACKGROUND
Pennsylvania has more miles of streams and rivers than any other state in the lower 48. There are regulations, known as the Chapter 105, Waterway Management rules and regulations, that were created to protect the health, safety, welfare and property of the people; and to protect natural resources, water quality and the carrying capacity of watercourses. These regulations are primarily administered by the PA Department of Environmental Protection, however, the Conservation District helps administer parts of this program by providing information and acknowledging some types of permits.
-WHAT IS A REGULATED STREAM/FLOODWAY?
A regulated stream is any channel with defined bed and banks that can convey water. It can be natural or man made, perennial or intermittent. Some municipalities have flood insurance studies and maps prepared by the Federal Emergency Management Agency (FEMA) which indicate the floodway boundary for some streams. In the absence of such a study, the floodway shall be considered to extend 50 feet landward from the top of each streambank.
-DO I NEED A PERMIT?
Activities and structures in or near a stream or its adjacent floodway are regulated by this program. In most cases, a permit is required before starting any activity which changes, expands or diminishes the course, current or cross-section of a stream, floodway or body of water. Typical activities that are commonly permitted include driveway culverts, highway bridges, utility line stream crossings, stream bank stabilization projects, etc.
Pennsylvania has more miles of streams and rivers than any other state in the lower 48. There are regulations, known as the Chapter 105, Waterway Management rules and regulations, that were created to protect the health, safety, welfare and property of the people; and to protect natural resources, water quality and the carrying capacity of watercourses. These regulations are primarily administered by the PA Department of Environmental Protection, however, the Conservation District helps administer parts of this program by providing information and acknowledging some types of permits.
-WHAT IS A REGULATED STREAM/FLOODWAY?
A regulated stream is any channel with defined bed and banks that can convey water. It can be natural or man made, perennial or intermittent. Some municipalities have flood insurance studies and maps prepared by the Federal Emergency Management Agency (FEMA) which indicate the floodway boundary for some streams. In the absence of such a study, the floodway shall be considered to extend 50 feet landward from the top of each streambank.
-DO I NEED A PERMIT?
Activities and structures in or near a stream or its adjacent floodway are regulated by this program. In most cases, a permit is required before starting any activity which changes, expands or diminishes the course, current or cross-section of a stream, floodway or body of water. Typical activities that are commonly permitted include driveway culverts, highway bridges, utility line stream crossings, stream bank stabilization projects, etc.
The Department of Environmental Protection recently released a new resource for understanding the permit and notification requirements affecting those wishing to work in or adjacent to streams impacted by flooding called Guidelines For Maintaining Streams In Your Community.
“DEP receives many inquiries each year about stream work from municipalities, landowners, businesses, and communities affected by flooding, or simply wishing to perform stream maintenance to protect property and infrastructure and prevent future flood impacts,” said DEP Secretary Patrick McDonnell.
The guide is a first step in determining what regulatory requirements may apply before beginning a project.
It contains a "green, yellow, and red light” list of potential stream activities to indicate whether permits are likely to be required, and additional sections titled “Good Rules of Thumb” and “Myth vs. Reality.”
Stream work that is not properly designed and permitted can inadvertently cause conditions to worsen in the next flood event, also impacting downstream neighbors.
The new guide is intended to proactively share information with the public so that stream work is done in an environmentally-sensitive manner, and in a way that reduces the likelihood of future problems.
“DEP receives many inquiries each year about stream work from municipalities, landowners, businesses, and communities affected by flooding, or simply wishing to perform stream maintenance to protect property and infrastructure and prevent future flood impacts,” said DEP Secretary Patrick McDonnell.
The guide is a first step in determining what regulatory requirements may apply before beginning a project.
It contains a "green, yellow, and red light” list of potential stream activities to indicate whether permits are likely to be required, and additional sections titled “Good Rules of Thumb” and “Myth vs. Reality.”
Stream work that is not properly designed and permitted can inadvertently cause conditions to worsen in the next flood event, also impacting downstream neighbors.
The new guide is intended to proactively share information with the public so that stream work is done in an environmentally-sensitive manner, and in a way that reduces the likelihood of future problems.
-TYPES OF PERMITS
Projects that are large in scale or impact require the submission of detailed drawings and engineering studies to show the impact of the project to the stream. These types of projects, for example, a highway bridge over a large stream, would need to be designed by a professional. General Permits were created for activities or structures that do not pose a significant threat to flooding or the environment. A General Permit is a pre-approved set of conditions, construction limits, dimensions and other criteria which apply to many common types of projects. If the work that an applicant is proposing meets all of the conditions of the General Permit, then the applicant needs only to register his/her intent to use the General Permit, and receive acknowledgement. The conditions of each permit are included in Part One and Part Two of the permit. Follow the LINK below to find these conditions. Also, the Conservation District will do a review of your application after it is submitted to ensure that you meet the conditions of the General Permit.
In order to use these General Permits, one must complete and submit the following:
The following is listing and a brief description of the general 105 permits available. Follow the link to the registration form for that General Permit.
> GP-1 Fish Habitat Enhancement Structures: This permit is used for the installation of fish habitat structures that have been approved by the PA Fish & Boat Commission.
> GP-2 Small Docks & Boat Launching Ramps: This permit authorizes the installation of pile-supported and floating docks on Lakes.
> GP-3 Bank Rehabilitation, Bank Stabilization, & Gravel Bar Removal: This permit authorizes projects that involve bank stabilization or gravel bar removal on/in streams.
> GP-4 Intake & Outfall Structures: This permit is used for projects such as the installation of a dry fire hydrant or a "clean water" drainpipe outfall.
> GP-5 Utility Line Stream Crossings: This permit is to be used when crossings or ramps are installed for agricultural purposes.
> GP-6 Agricultural Crossings & Ramps: The GP-6 applies to any utility line (gas, oil, sewer or water) that crosses under or over a stream or wetlands.
> GP-7 Minor Road Crossings: This permit can be utilized when establishing a permanent road (not a parking lot) crossing through a wetland or stream using a bridge or culvert or clean fill material.
> GP-8 Temporary Road Crossings: This permit is used to establish a temporary culvert or bridge crossing.
> GP-9 Agricultural Activities: This permit authorizes agricultural activities (grassed waterways, terraces, diversions, waste storage facilities, spring development or minor drainage) that encroach into streams or their flood ways.
> GP-10 Abandoned Mine Reclamation: This Permit applies to any encroachment that is part of mine reclamation.
> GP-11 Maintenance, Testing, Repair, Rehabilitation, or Replacement of Water Obstructions and Encroachments: the maintenance, testing, repair, rehabilitation or replacement of existing currently serviceable, water obstructions or encroachments, including bridges and culverts owned by railroad companies.
> GP-15 Private Residential Construction in Wetlands: This permit authorizes the filling of limited non-tidal wetland areas for the construction of a single family home on a lot purchased by the permittee prior to November 22, 1991.
-FEDERAL AUTHORIZATION
Most activities that need a DEP General Permit are also regulated by the Federal Government, through the U.S. Army Corps of Engineers. In most cases, the Conservation District will include the Pennsylvania State Programmatic General Permit PASPGP-2 with the General Permit Acknowledgement, which will give your project Federal Authorization. The Conservation District will review your project to determine if it exceeds the conditions of PASPGP-2. If it does, we will forward a copy of your application to the U.S. Army Corps of Engineers for an individual review. If this happens, you will receive separate permit authorization from the Corps. In either case, you need only submit your permit application to the Conservation District, and we will notify you of the status of your Federal Authorization. If you have any questions about permits or permit coverage, call the Conservation District office or email a member of the Erosion control staff. In addition, we can mail you permit forms if necessary.
PNDI Search Form
-Pond and Dam Permits
I would like to build a pond. Do I need a permit?
That is a question that we are often asked at the Conservation District office. The answer is.......MAYBE!
Actually, that question can be complicated to answer, because the construction of a pond can and often does cross into several different program areas within the PA Department of Environmental Protection (DEP).
To further complicate things, the Federal Government, through the U.S. Army Corps of Engineers, also may regulate such activities.
You probably won't be able to figure out for certain if your pond project needs a permit just from the information given here, simply because there are many site specific variables. We are presenting this information to give you insight into the regulations governing pond construction in Pennsylvania.
Keep in mind, this information pertains to permitting only.
To start, the DEP has regulations that govern DAMS. A dam is defined as "any artificial barrier, such as an earthen embankment or concrete structure, built for the purpose of impounding or storing water." DEP regulates, and thus requires a permit for, dams or ponds that meet any one of the following requirements:
Contributory drainage area exceeds 100 acres.
Maximum depth of water greater than 15 feet.
Impounding capacity greater than 50 acre-feet.
It is recommended that you contact DEP to get a JURISDICTIONAL DETERMINATION on your dam. To do this, send a location map (USGS), soil survey map, plan view sketch, cross section sketch, and photographs of the site to DEP, Bureau of Waterways Engineering, Division of Dam Safety PO Box 8554, Harrisburg, PA 17105-8554. The Conservation District can help you prepare the location map and soils map. The DEP should respond to you in writing informing you if a dam permit is needed.
The DEP also has regulations governing encroachments to waterways and wetlands. Most pond proposals that we look at are in poorly drained areas. Because of this poor drainage, there are often regulated wetlands in the area. It is usually necessary to have the area checked for the presence of wetlands by a consultant or a qualified agency person. If the proposed pond will impact wetlands, a WATER OBSTRUCTION AND ENCROACHMENT PERMIT may be needed from the DEP. In addition, this permit may also be needed if the pond encroaches into the floodway of a stream.
It is important to consider whether the dam will be ON STREAM or OFF STREAM. Many on stream dams have a sizable watershed and need to obtain a dam permit. In addition, on stream dams or ponds tend to act as a sediment trap, trapping eroded soils and slowly reducing the capacity of the pond, which requires regular maintenance to keep the pond functioning properly. Off stream ponds often do not have this problem, because the inflow to the pond can be controlled, and even shut off if necessary.
If you are installing an intake from a stream to a pond, a GENERAL PERMIT (GP-4), INTAKE AND OUTFALL STRUCTURES is needed to authorize the encroachment. If you are constructing an on stream pond or dam, even if it does not meet any of the requirements for a permit (above), an ENVIRONMENTAL ASSESSMENT (EA) may be needed. The DEP is the agency that determines if an EA is needed. For information, you should contact DEP-Bureau of Watershed Management.
Pond Maintenance
-Draining your pond
Occasionally, it becomes necessary to drain a pond. When draining a pond, be aware that a draw-down permit is required by the PA Fish & Boat Commission. It is also necessary to minimize erosion and sedimentation when draining a large volume of water. Questions regarding E&S controls can be directed to the Sullivan Conservation District.
-Other Maintenance
In most instances, dike repair and dredging do not require permitting, unless the pond itself is a permitted structure or should have been a permitted structure when it was built. Again, it is necessary to control any erosion or sedimentation that might occur from your activities.
SUMMARY:
1. Determine if wetlands are present on the pond site. Avoid wetlands if possible. If wetlands cannot be avoided, then a WATER OBSTRUCTION AND ENCROACHMENT PERMIT is needed from DEP.
2. Contact DEP dam safety with the information from the fact sheet to get a JURISDICTIONAL DETERMINATION
3. If the dam/pond is "on-stream," then determine if an ENVIRONMENTAL ASSESSMENT is needed from DEP.
4. If you will have a discharge pipe to a stream, then you will need a GENERAL PERMIT
5. GET EVERYTHING IN WRITING! Have any site determination followed up by a letter. Save all correspondence for future reference.
Projects that are large in scale or impact require the submission of detailed drawings and engineering studies to show the impact of the project to the stream. These types of projects, for example, a highway bridge over a large stream, would need to be designed by a professional. General Permits were created for activities or structures that do not pose a significant threat to flooding or the environment. A General Permit is a pre-approved set of conditions, construction limits, dimensions and other criteria which apply to many common types of projects. If the work that an applicant is proposing meets all of the conditions of the General Permit, then the applicant needs only to register his/her intent to use the General Permit, and receive acknowledgement. The conditions of each permit are included in Part One and Part Two of the permit. Follow the LINK below to find these conditions. Also, the Conservation District will do a review of your application after it is submitted to ensure that you meet the conditions of the General Permit.
In order to use these General Permits, one must complete and submit the following:
- General Permit Registration Form
- Single & Complete Project Questionnaire (attached to the front of the Registration)
- Municipal Notification
- Sketch plan or similar site drawing
- Cross Section drawing
- Project Location Map (copy of USGS Topo map)
- PA Natural Diversity Inventory (PNDI) Search form
- Erosion and Sediment Control Plan, with $50.00 review fee
The following is listing and a brief description of the general 105 permits available. Follow the link to the registration form for that General Permit.
> GP-1 Fish Habitat Enhancement Structures: This permit is used for the installation of fish habitat structures that have been approved by the PA Fish & Boat Commission.
> GP-2 Small Docks & Boat Launching Ramps: This permit authorizes the installation of pile-supported and floating docks on Lakes.
> GP-3 Bank Rehabilitation, Bank Stabilization, & Gravel Bar Removal: This permit authorizes projects that involve bank stabilization or gravel bar removal on/in streams.
> GP-4 Intake & Outfall Structures: This permit is used for projects such as the installation of a dry fire hydrant or a "clean water" drainpipe outfall.
> GP-5 Utility Line Stream Crossings: This permit is to be used when crossings or ramps are installed for agricultural purposes.
> GP-6 Agricultural Crossings & Ramps: The GP-6 applies to any utility line (gas, oil, sewer or water) that crosses under or over a stream or wetlands.
> GP-7 Minor Road Crossings: This permit can be utilized when establishing a permanent road (not a parking lot) crossing through a wetland or stream using a bridge or culvert or clean fill material.
> GP-8 Temporary Road Crossings: This permit is used to establish a temporary culvert or bridge crossing.
> GP-9 Agricultural Activities: This permit authorizes agricultural activities (grassed waterways, terraces, diversions, waste storage facilities, spring development or minor drainage) that encroach into streams or their flood ways.
> GP-10 Abandoned Mine Reclamation: This Permit applies to any encroachment that is part of mine reclamation.
> GP-11 Maintenance, Testing, Repair, Rehabilitation, or Replacement of Water Obstructions and Encroachments: the maintenance, testing, repair, rehabilitation or replacement of existing currently serviceable, water obstructions or encroachments, including bridges and culverts owned by railroad companies.
> GP-15 Private Residential Construction in Wetlands: This permit authorizes the filling of limited non-tidal wetland areas for the construction of a single family home on a lot purchased by the permittee prior to November 22, 1991.
-FEDERAL AUTHORIZATION
Most activities that need a DEP General Permit are also regulated by the Federal Government, through the U.S. Army Corps of Engineers. In most cases, the Conservation District will include the Pennsylvania State Programmatic General Permit PASPGP-2 with the General Permit Acknowledgement, which will give your project Federal Authorization. The Conservation District will review your project to determine if it exceeds the conditions of PASPGP-2. If it does, we will forward a copy of your application to the U.S. Army Corps of Engineers for an individual review. If this happens, you will receive separate permit authorization from the Corps. In either case, you need only submit your permit application to the Conservation District, and we will notify you of the status of your Federal Authorization. If you have any questions about permits or permit coverage, call the Conservation District office or email a member of the Erosion control staff. In addition, we can mail you permit forms if necessary.
PNDI Search Form
-Pond and Dam Permits
I would like to build a pond. Do I need a permit?
That is a question that we are often asked at the Conservation District office. The answer is.......MAYBE!
Actually, that question can be complicated to answer, because the construction of a pond can and often does cross into several different program areas within the PA Department of Environmental Protection (DEP).
To further complicate things, the Federal Government, through the U.S. Army Corps of Engineers, also may regulate such activities.
You probably won't be able to figure out for certain if your pond project needs a permit just from the information given here, simply because there are many site specific variables. We are presenting this information to give you insight into the regulations governing pond construction in Pennsylvania.
Keep in mind, this information pertains to permitting only.
To start, the DEP has regulations that govern DAMS. A dam is defined as "any artificial barrier, such as an earthen embankment or concrete structure, built for the purpose of impounding or storing water." DEP regulates, and thus requires a permit for, dams or ponds that meet any one of the following requirements:
Contributory drainage area exceeds 100 acres.
Maximum depth of water greater than 15 feet.
Impounding capacity greater than 50 acre-feet.
It is recommended that you contact DEP to get a JURISDICTIONAL DETERMINATION on your dam. To do this, send a location map (USGS), soil survey map, plan view sketch, cross section sketch, and photographs of the site to DEP, Bureau of Waterways Engineering, Division of Dam Safety PO Box 8554, Harrisburg, PA 17105-8554. The Conservation District can help you prepare the location map and soils map. The DEP should respond to you in writing informing you if a dam permit is needed.
The DEP also has regulations governing encroachments to waterways and wetlands. Most pond proposals that we look at are in poorly drained areas. Because of this poor drainage, there are often regulated wetlands in the area. It is usually necessary to have the area checked for the presence of wetlands by a consultant or a qualified agency person. If the proposed pond will impact wetlands, a WATER OBSTRUCTION AND ENCROACHMENT PERMIT may be needed from the DEP. In addition, this permit may also be needed if the pond encroaches into the floodway of a stream.
It is important to consider whether the dam will be ON STREAM or OFF STREAM. Many on stream dams have a sizable watershed and need to obtain a dam permit. In addition, on stream dams or ponds tend to act as a sediment trap, trapping eroded soils and slowly reducing the capacity of the pond, which requires regular maintenance to keep the pond functioning properly. Off stream ponds often do not have this problem, because the inflow to the pond can be controlled, and even shut off if necessary.
If you are installing an intake from a stream to a pond, a GENERAL PERMIT (GP-4), INTAKE AND OUTFALL STRUCTURES is needed to authorize the encroachment. If you are constructing an on stream pond or dam, even if it does not meet any of the requirements for a permit (above), an ENVIRONMENTAL ASSESSMENT (EA) may be needed. The DEP is the agency that determines if an EA is needed. For information, you should contact DEP-Bureau of Watershed Management.
Pond Maintenance
-Draining your pond
Occasionally, it becomes necessary to drain a pond. When draining a pond, be aware that a draw-down permit is required by the PA Fish & Boat Commission. It is also necessary to minimize erosion and sedimentation when draining a large volume of water. Questions regarding E&S controls can be directed to the Sullivan Conservation District.
-Other Maintenance
In most instances, dike repair and dredging do not require permitting, unless the pond itself is a permitted structure or should have been a permitted structure when it was built. Again, it is necessary to control any erosion or sedimentation that might occur from your activities.
SUMMARY:
1. Determine if wetlands are present on the pond site. Avoid wetlands if possible. If wetlands cannot be avoided, then a WATER OBSTRUCTION AND ENCROACHMENT PERMIT is needed from DEP.
2. Contact DEP dam safety with the information from the fact sheet to get a JURISDICTIONAL DETERMINATION
3. If the dam/pond is "on-stream," then determine if an ENVIRONMENTAL ASSESSMENT is needed from DEP.
4. If you will have a discharge pipe to a stream, then you will need a GENERAL PERMIT
5. GET EVERYTHING IN WRITING! Have any site determination followed up by a letter. Save all correspondence for future reference.