Chapter 105 Water Encroachment Permits
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 water courses. These regulations are primarily administered by the PA Department of Environmental Protection (DEP), however, the Conservation District has been delegated to administer parts of this program by providing information and acknowledging certain types of permits for water encroachment/activities.
Activities and structures in or near a regulated stream or its adjacent floodway are administered by this program. 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 stream bank. 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.
Permit Types
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 need only register his/her intent to use the General Permit, and receive acknowledgement after review from the District. The conditions of each permit are included in Part One and Part Two of the permit.
The Warren County Conservation District is delegated by DEP to review and acknowledge General Permits that meet the conditions of the permit. When requesting a General Permit acknowledgement by the District the following must be submitted to the District:
- General Permit Registration Form (See below.)
- Municipal Notification
- Sketch plan or similar site drawing
- Cross Section drawing
- Project Location Map (copy of USGS Topographic map)
- PA Natural Diversity Inventory (PNDI) Search form
- Erosion and Sediment Control Plans are needed for areas over 5,000 sq. ft disturbance.
The following is a listing and a brief description of the General 105 Permits available through the Conservation District. 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: The GP-5 applies to any utility line (gas, oil, sewer or water) that crosses under or over a stream or wetlands.
GP-6 Agricultural Crossings & Ramps: This permit is to be used when crossings and ramps are installed for agricultural purposes.
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.
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.
Additional Websites
Pennsylvania Department of Environmental Protection