Chapter 105 General Permits
Many activities in Pennsylvania streams, water bodies such as lakes or ponds, or wetlands require an authorization or permit from the Pennsylvania Department of Environmental Protection (DEP) to protect public health, safety and the environment. These are activities that change, expand, or diminish the course, current, or cross section of a watercourse, floodway, or waterbody are termed encroachments, obstructions in certain cases, and are regulated by Chapter 105 regulations. Many of these projects qualify for a simple general permit (GP) if they are designed and implemented in accordance with the criteria in the GP. There are 12 different GPs, each related to a particular activity. All general permits, forms, instructions, and documents can be found on DEP’s
eLibrary or on the
Forms, Publications, and Guidance Page.
DEP’s
e-permitting system for GP submission is strongly recommended and is DEP’s preferred GP submission method. It is the most efficient and provides the fastest review timeframes. The e-permitting system is constantly improving to assist applicants, to ensure complete applications, and provides for faster reviews.
General Permit Reviews
DEP or a Chapter 105 delegated county conservation district can only authorize activities when the activity meets the terms and conditions of the Chapter 105 General Permit.
Therefore, prior to registration an applicant must review the appropriate GP and determine if the proposed project can be constructed in accordance with the conditions, restrictions and performance criteria identified for that specific permit. Confirming that the activity meets the terms and conditions will result in quality submissions and shorter timeframes for DEP or delegated county conservation district’s review and authorization. See the
delegated county conservation district map to see which counties are delegated.
General Permit Fees
Fees for the various Chapter 105 General Permits may be determined by utilizing the
Chapter 105 Fee Calculation Worksheet, 3150-PM-BWEW0553.
Fees paid to DEP for general permits are paid electronically through e-permitting using credit card or electronic check. All other fees are paid by check to DEP or the delegated county conservation district.
Chapter 105 General Permit Types
Accordion
Expand AllClick here for a more accessible versionAuthorizes the installation, operation, and maintenance of fish habitat enhancement structures, such as mud sills, brush structures, deflectors, etc., in regulated waterways of the commonwealth. Prior approval from PA Fish and Boat Commission is required. It is not for use in wetlands. See the General Permit for full terms and conditions.
Authorizes the installation, operation, modification, and maintenance of small docks (750 square feet or less) and boat launching ramps in and along the regulated waterways of the commonwealth. Other size restrictions may apply. See the General Permit for full terms and conditions.
Authorizes the installation, operation, modification, and maintenance of bank rehabilitation and protection projects, and the removal of gravel bars in and along regulated waterways of the commonwealth. Projects are limited to 500 linear feet measured along a single reach of continuous reach of stream channel. A gravel bar shall be removed only to a depth of 6 inches above the water level at the time of the project. Multiple registration and use of this General Permit to extend the project is prohibited by the conditions of the permit. Not for use in wetlands. See the General Permit for full terms and conditions.
Authorizes the construction, operation, and maintenance of intake and outfall structures in, along, across or projecting into regulated waterways of the commonwealth. Not for use in high quality or exceptional value waters. Not for use in wetlands. See the General Permit for full terms and conditions.
Authorizes the installation, operation, and maintenance of utility line stream crossings of the regulated waterways of the commonwealth. Can be used in wetlands less than 10 acres in size. Not for use in streams or waterbodies (including wetlands) which are exceptional value. See the General Permit for full terms and conditions.
Authorizes the installation, operation, and maintenance of agricultural crossings and ramps in regulated waterways of the commonwealth. Not for use in exceptional value stream or waterbodies. See the General Permit for full terms and conditions.
Authorizes: (1) the construction, operation, and maintenance of minor road crossings across wetlands which individually disturbs less than 0.1 acres 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. Not for bridge, culvert or other structure in excess of 100 feet in length upstream to downstream which encloses regulated water of the commonwealth. Not for use in streams or waterbodies (including wetlands) designated as exceptional value. See the General Permit for full terms and conditions.
Authorizes the construction, operation, and maintenance of temporary road crossings across regulated waterways of the commonwealth for one year, including wetland crossings less than 200 feet, where no practicable alternatives exist. See the General Permit for full terms and conditions.
Authorizes the installation, operation, modification, and maintenance of certain agricultural activities that encroach into streams and their floodways or bodies of water. These agricultural activities include: grassed or lined waterways, terraces, diversions, waste storage facilities, and spring development. Minor drainage that supports the above activities and is necessary for contour strips when part of an existing agricultural operation and implemented as part of a conservation plan consistent with the 25 PA Code Chapter 102 (relating to erosion and sediment control) and approved by the county conservation district is also included. Not for use in streams with a drainage area greater than 100 acres, Submerged Lands of this Commonwealth, or springs being developed for public drinking water. See the General Permit for full terms and conditions.
Authorizes the construction, operation, or maintenance of an encroachment or water obstruction for reclamation of an abandoned mining site, where DEP has issued a notice of intent to forfeit the bond for a mining activity permitted after August 1977 and before July 1982. See the General Permit for full terms and conditions.
Authorizes the maintenance, testing, repair, rehabilitation, and replacement of existing currently serviceable water obstructions and encroachments. Minor deviations in the structure’s configuration or filled area including those due to changes in materials, construction techniques, current construction codes or safety standards which are necessary to repair, modify or replace the water obstruction are permitted as long as the environmental impacts resulting from this are minimal and fall within the terms and conditions of the general permits, and there is no adverse impact on public health and safety. See the General Permit for full terms and conditions.
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. This includes 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, within established subdivisions approved by the local governing authority where such activities do not impact greater than 0.50 acre of wetlands. Wetland fill cannot be used to construct or expand an on-lot septic system. See the General Permit for full terms and conditions.