Pennsylvania’s Rules and Regulations require before any work occurs in a Regulated Waters of the Commonwealth, a permit must be obtained. Regulated Waters include: watercourses, streams, or bodies of water and their floodways, including seasonal streams.
If the area being considered for pond construction contains hydric soils, a wetland determination will be needed. (see Consultants contact lists)
Watercourses are defined as a channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow. This would also include road ditches.
Bodies of Water are designed as natural or artificial lakes, ponds, reservoirs, swamps, marsh, or wetlands.
Certain activities or structures are regulated. These include:
1) Dams on a natural or artificial watercourse where;
The drainage area (the area that drains to the dam site) exceeds 100 acres.
The greatest depth of water exceeds 15 feet, measured at the upstream toe of dam at its maximum storage.
The maximum storage capacity exceeds 50 acre feet ( example: 50 acre-feet = 25 surface acres x 2 feet deep).
2) Dams not located on a watercourse are also regulated if they are greater that 15 feet deep or have a storage capacity large than 50 acre feet.
3) Temporary or permanent water obstructions and encroachments are activities other than dams, located in, along, across, or projecting into a watercourse, floodway or body of water.
Basically any activity that changes or alters the flow, its direction or changes the cross section of a watercourse, floodway or body of water is regulated. This includes dams, docks, culverts, bridges, filling or removing material. Areas in a designated floodplain or within 50 feet of a stream are also regulated.
The Pennsylvania regulations allow for permit waivers for certain activities. These are:
1) Dams less than 3 feet high in a stream less than 50 feet wide. Except in designated Wild Trout Streams.
2) Water obstruction (culvert, bridges) in a stream or floodway with a drainage area 100 acres or less. (This waiver does not apply to wetlands in floodways.)
Activities in wetlands do not have a waiver of permit.
The type of permit that is needed varies with the type and the extent of the project.
GENERAL PERMITS - These permits are available at no cost to the applicant and have specific conditions for their use. These permits include:
GP-1 Fish Enhancement - used for enhancing fish habitat, reviewed by DEP and Fish Commission.
GP-2 Private Recreational Docks - used for installing docks along lakes and ponds.
GP- 3 Bank Rehabilitation - this permit is for protecting areas eroded along streams, ponds, and lakes.
GP-4 Outfall Structures - utilized for installing pipes for outlet or intake pipes in streams or bodies of water.
SMALL PROJECT PERMITS - These are permits for projects that have no significant impact on safety and protection of life, health, property and the environment. This permit is not for work in wetlands, Minimum cost - $100.00.
DAM PERMIT - used for the construction of a dam that meets the requirement of the regulations. Minimum cost $1500.00.
JOINT PERMIT - This permit is for all project that do not meet any of the other permit guidelines, general permits, small projects or dam permits. Minimum cost $200.00.
Each of these permits have special provisions and guidelines that must be followed with the use of the permits.
If you are working near or in a stream, pond, floodplain, ditch or wetland, you may need a permit. Check on the permit requirements before doing any work.
The following information would be needed to have Department of Environmental Protection (DEP) or U.S. Army Corp of Engineers make a jurisdictional determination (to see if the activity would require a permit):
1. Cover letter stating the proposed use and request for a jurisdictional wetland determination
2. U.S. Topo Map with location marked
3. Name, address, and day time phone number
4. Soil information
5. Plan view sketch indicating the proposed surface area of the impoundment, and its proximity to streams, wetlands, and other structures at the site
6. A cross-section of the dam or embankment indicating the maximum depth
7. Photographs of the area
PA Department of Environmental Protection U.S. Army Corps of Engineers
South Central Regional Office Permit Section
Field Operations/Water Management P O Box 1715
Soils & Waterways Section Baltimore MD 21203
One Ararat Blvd. Ph. (410) 962-1846
Harrisburg PA 17110
Ph. (717) 657-4590