Regulations and Laws
The Laws, Acts and regulations associated with water obstructions and encroachments under both Chapter 105 and 106 as well as 401 Water Quality Certification are provided below.
Chapter 105: Dam Safety and Waterway Management
Full text of Chapter 105 can be found here.
The Chapter 105 Dam Safety and Waterway Management regulations get their authority from the Dam Safety and Encroachments Act, the Clean Streams Law, and the Floodplain Management Act.
The purposes of Chapter 105 are:
(1) Provide for the comprehensive regulation and supervision of dams, reservoirs, water obstructions and encroachments in the Commonwealth in order to protect the health, safety, welfare and property of the people.
(2) Assure proper planning, design, construction, maintenance, monitoring and supervision of dams and reservoirs, including preventive measures necessary to provide an adequate margin of safety.
(3) Assure proper planning, design, construction, maintenance and monitoring of water obstructions and encroachments, in order to prevent unreasonable interference with water flow and to protect navigation.
(4) Protect the natural resources, environmental rights and values secured by PA. CONST. art. I, § 27 and conserve and protect the water quality, natural regime and carrying capacity of watercourses.
Chapter 105 specifically regulates the following structures or activities:
(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.
(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.
(3) Dams used for the storage of fluids or semifluids other than water, the escape of which may result in air, water or land pollution or in danger to persons or property.
(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.
(5) Flood control projects constructed, owned or maintained by a governmental unit.
Chapter 106: Floodplain Management
Full text of Chapter 106 can be found here.
The Chapter 106 Floodplain Management regulations get their authority from the Floodplain Management Act.
The purposes of Chapter 106 are:
(1) Encourage planning and development in floodplains which are consistent with sound land use practices.
(2) Protect people and property in floodplains from the dangers and damage of floodwaters and from materials carried by such floodwaters.
(3) Prevent and eliminate urban and rural blight which results from the damages of flooding.
(4) Support a comprehensive and coordinated program of floodplain management, based upon the National Flood Insurance Program, designed to preserve and restore the efficiency and carrying capacity of the streams and floodplains of the Commonwealth.
(5) Assist municipalities in qualifying for the National Flood Insurance Program.
(6) Provide for and encourage local administration and management of floodplains.
(7) Minimize the expenditure of public and private funds for flood control projects and for relief, rescue and recovery efforts.
Chapter 106 specifically regulates the following highway obstructions or obstructions located in floodplains:
(1) Any highway obstruction or obstruction constructed, owned or maintained by the Commonwealth or a political subdivision of the Commonwealth; and
(2) Any obstruction constructed, owned or maintained by a public utility.
Other Relevant State Regulations
Chapter 102: Erosion and Sediment Control
The full text of Chapter 102 can be viewed here.
Chapter 102 has been created under the authority of The Clean Streams Law. Both Chapters 105 and 106 require compliance with Chapter 102.
Chapter 93: Water Quality Standards
The full text of Chapter 93 can be viewed here.
Chapter 93 sets forth the water quality standards for surface waters of this commonwealth, which includes wetlands. Chapter 93 refers to Chapter 105 regarding wetlands and more. Chapter 105 requires consistency with Chapter 93.
Chapter 96: Water Quality Standards Implementation
The full text of Chapter 96 can be viewed here.
Chapter 96 establishes the process for achieving and maintaining water quality standards. Chapter 96 refers to Chapter 105 regarding wetlands, wetland antidegradation, water quality protection requirements, and more.
Dam Safety and Encroachments Act
View the Dam Safety & Encroachment Act (Act 325 of 1978).
Act 325 provides for the regulation of dams and reservoirs, and water obstructions and encroachments in the Commonwealth; to protect the health, safety and welfare of the people and property. Chapter 105 regulations were promulgated (put into effect) partially by the Dam Safety and Encroachments Act.
Clean Streams Law
View the Clean Streams Law (Act 394 of 1937).
Pennsylvania’s Clean Streams Law provides for the preservation and improvement of the purity of the waters of the Commonwealth to protect public health, animal and aquatic life, and the use of the waters. Chapter 105 regulations were promulgated (put into effect) partially by the Clean Streams Law.
Floodplain Management Act
View the Floodplain Management Act (Act 166 of 1978).
The Floodplain Management Act provides for the regulation of land and water use for flood control purposes. The Floodplain Management Act gives DEP exclusive state jurisdiction to regulate:
(1) any obstruction otherwise regulated under the Water Obstructions Act;
(2) any flood control project constructed, owned or maintained by a governmental unit;
(3) any highway or other obstruction, constructed, owned or maintained by the Commonwealth or a political subdivision thereof; and
(4) any obstruction owned or maintained by a person engaged in the rendering of a public utility service.
401 Water Quality Certification
Click here to go to the U.S. Environmental Protection Agency’s Clean Water Act Section 401 page. Here you can read Section 401 of the federal Clean Water Act, the federal rule for it and more.
The Clean Water Act, in Section 401, gives states the authority to grant, deny, or waive certification of proposed federal licenses or permits that may discharge into waters of the United States.
Other Related State Laws
The Stormwater Management Act (Act 167 of 1978)
Conservation District Law (Act 217 of May 15, 1945)