Chapter 105 Permit Resources

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When Do You Need a Permit?

Permits are a tool that can mitigate negative impacts of development in and around streams. Examples of actions that require permits include: 
  • Constructing fish habitat structures 
  • Installing small docks or boat launching ramps 
  • Rehabilitating stream banks  
  • Constructing intake and outfall structures 
  • Installing utility lines across streams 
  • Installing roads across streams 
  • Agricultural activities that directly impact streams 
  • Reclaiming abandoned mines  
  • Maintaining or replacing prior stream obstructions 
  • Constructing private residential areas on wetlands 
Activities that do not require a permit include: 
  • Debris removal from the side of the stream, not including gravel and sediment
  • Channel cleaning of bridges and culverts (with limits of 50 ft upstream or downstream)
  • Mowing and cutting vegetation with no excavation or earth disturbance  
  • Planting native trees and shrubs to promote a healthy stream and floodplain

Permit Types

General Permits (GPs) are permits that have a set of very specific conditions. A summary of these conditions is listed below. Check the DEP eLibrary for a full set of conditions.
GP-01: Fish Habitat Enhancement Structures 

Authorizes the installation, operation and maintenance of fish habitat enhancement structures in regulated waters of this Commonwealth. Not for use in wetlands. Prior approval from PA Fish and Boat Commission is required. Deflectors, elevated boulder structures and half logs are examples of enhancement structures. 
 
GP-03: Bank Rehabilitation, Bank Protection and Gravel Bar Removal 

Authorizes the installation, operation, modification and maintenance of bank rehabilitation and protection projects. It also authorizes the removal of gravel bars that are less than 500 linear feet in length in and along regulated waters of this Commonwealth. A gravel bar shall be removed only to a depth of 6 inches above the water level at the time of the project. Not for use in wetlands. 
 
GP-02: Small Docs and Boat Launching Ramps 

Authorizes the installation, operation, modification and maintenance of small docks (750 square feet or less) and boat launching ramps in and along the regulated waters of this Commonwealth. Other size restrictions may apply.  
 
GP-04: Intake and Outfall Structures 

Authorizes the construction, operation and maintenance of intake and outfall structures in, along, across or projecting into regulated waters of the Commonwealth. Not for use in wetlands. 
 
GP-05: Utility Line Stream Crossings 

Authorizes the installation, operation and maintenance of utility line stream crossings of the regulated waters of the Commonwealth. Can be used in wetlands less than 10 acres in size. 
 
GP-07: Minor Road Crossings 

Authorizes: (1) the construction, operation and maintenance of minor road crossings across wetlands which individually disturbs less than 0.1 acre 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; and (3) the removal of an existing minor road crossing across a stream where the drainage area is 1.0 square mile or less. 
 
GP-08: Temporary Road Crossings 

Authorizes the construction, operation and maintenance of temporary road crossings across regulated waters of this Commonwealth for one year, including wetland crossings less than 200 feet, where no practicable alternatives exist. 
 
GP-06: Agricultural Crossings and Ramps 

Authorizes the installation, operation and maintenance of agricultural crossings and ramps in regulated waters of the Commonwealth. Not for use in wetlands.  
 
GP-09: Agricultural Activities 

Authorizes the installation, operation, modification and maintenance of certain agricultural activities including grassed or lined waterways, terraces, diversions, waste storage facilities, spring development and minor drainage that supports these activities and is necessary for contour strips when engaged in as a part of an existing agricultural operation and shall only be implemented as part of a conservation plan consistent with the 25 PA Code Chapter 102 (relating to Erosion Control) and approved by the County Conservation District. 
 
GP-10: Abandoned Mine Reclamation 

Authorizes the construction, operation, or maintenance of an encroachment or water obstruction for reclamation of an abandoned mining site, where the Department has issued a notice of intent to forfeit the bond for a mining activity permitted after August 1977 and before July 1982. 
 
GP-11: Maintenance, Testing, Repair, Rehabilitation or Replacement of Water Obstructions and Encroachments 

Authorizes 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 

Authorizes the placement and maintenance of fill in, or the excavation of, non-tidal wetlands for the construction or expansion of a single-family home for the personal residence of the permittee, including reasonable and necessary features such as a driveway, storage shed and utilities on a residential lot purchased by the permittee prior to November 22, 1991. 
 
 
If you cannot meet the conditions set out in the general permits, a joint permit is likely necessary. Please contact PA DEP for more information. Bureau of Waterways Engineering and Wetlands at the Southwest Regional PADEP office at 412-442-4000. 

Water Obstruction and Encroachment US Army Corps of Engineers Section 404 Joint Permit Application 3150-PM-BWEW0036 
These are only available for immediate remedial action and/or to prevent any imminent threat to life, property, or the environment. Emergency permits can only be authorized by the Bureau of Waterways Engineering and Wetlands at the Southwest Regional PADEP office at 412-442-4000.

Resources

What can you do to a stream on your property? These resources produced by DEP provide guidance on what can be done with and without a permit.
  • FEMA Flood Map: The FEMA Flood Map Service Center (MSC) is the official public source for flood hazard information produced in support of the National Flood Insurance Program (NFIP). Use the MSC to find your official flood map, access a range of other flood hazard products and take advantage of tools for better understanding flood risk. 
  • National Wetlands Inventory Mapper: The Wetlands mapper is designed to deliver easy-to-use, map like views of America’s Wetland resources. It integrates digital map data along with other resource information to produce current information on the status, extent, characteristics and functions of wetlands, riparian and deep-water habitats. Please note: this is not a comprehensive view of wetlands and field data is still needed in many cases
  • PA eMap: PA eMap is another DEP tool that can be used to look at stream designations, impairments, existing permits, mined areas and other items. 
  • More Tools: 

Get Assistance with Permits

Get in touch with ACCD about submitting, uploading and applying for Chapter 102 and Chapter 105 permits.
 

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