PA Chapter 105: Waterway, Wetlands, and Encroachment Permits

Statutory basis

• Dam Safety and Encroachments Act — Act 325 of 1978.
• 25 Pa. Code 105 — implementing regulations.
• Administered by PA Department of Environmental Protection (DEP).
• Scope: dams, reservoirs, water obstructions, encroachments.

Primary source: dep.pa.gov (Waterways and Wetlands Program).

What counts as an "encroachment"

Any structure or activity that changes, expands, or diminishes the course, current, or cross-section of a:

• Watercourse.
• Floodway.
• Body of water — including wetlands.

A "water obstruction" is a parallel regulated category. Activities reached under Chapter 105 include bridges, stream channel work, utility lines, fills in wetlands or floodways, docks, and related work.

General Permits (GP-1 through GP-15)

General Permits streamline authorization for smaller projects meeting design, eligibility, and construction standards. Key GP categories:

• GP-1 — Fish Habitat Enhancement Structures.
• GP-2 — Small Docks & Boat Launching Ramps.
• GP-3 — Bank Rehabilitation, Bank Protection & Gravel Bar Removal.
• GP-4 — Intake & Outfall Structures.
• GP-5 — Utility Line Stream Crossings.
• GP-6 — Agricultural Crossings & Ramps.
• GP-7 — Minor Road Crossings.
• GP-8 — Temporary Road Crossings.
• GP-9 — Agricultural Activities.
• GP-10 — Abandoned Mine Reclamation.
• GP-11 — Maintenance, Testing, Repair, Rehabilitation, or Replacement of Water Obstructions & Encroachments.
• GP-15 — Private Residential Construction in Wetlands.

Applicants register eligible projects with the appropriate regional DEP office or delegated county conservation district (see our DE Conservation District essay for the delegation model). GPs don't have individual review; they operate on confirmed eligibility.

Individual Joint Permit

For projects not qualifying for a General Permit:

• Individual Joint Permit Application — covers state Chapter 105 + federal USACE Section 404 + Rivers and Harbors Act Section 10 where applicable.
• Submission via DEP Public Upload system or traditional mail.
• Environmental assessment required for activities/structures impacting watercourses, floodways, bodies of water, wetlands.
• Public notice and comment.
• Section 401 Water Quality Certification processed concurrently with permit application.

Section 401 Water Quality Certification — PASPGP coordination

Under Section 401 of the federal Clean Water Act, an applicant for a federal license or permit affecting water quality must obtain Water Quality Certification from the state agency. In PA, that's DEP's Stream and Wetland Regulatory Program.

• Concurrent submission — applicants submit Section 401 request with complete Chapter 105 application when individual federal permit is required.
• PASPGP (Pennsylvania State Programmatic General Permit) — conditional water quality certification already issued for structures and activities eligible for PASPGP coverage. Eliminates separate federal review for those projects.
• Evaluation basis — environmental assessment.

The PASPGP mechanism is similar to MD's MDSPGP (see our MD Wetlands essay) — both are USACE programmatic permits that reduce duplication for qualifying work.

Interaction with other PA frameworks

• PAG-02 construction stormwater — separate permit; see our PA PAG-02 vs Individual essay.
• Act 537 sewage planning — see our PA Act 537 essay. Sewage line stream crossings often use GP-5.
• UCC construction permits — see our PA UCC essay.
• Municipal Planning Code zoning and SLDO — see our PA MPC essay.
• PennDOT HOP for work in state highway ROW — see our PennDOT HOP essay.
• Act 2 voluntary cleanup on contaminated sites — see our PA Act 2 essay.

Practical considerations

• GP eligibility check first. Determine if your project fits a GP (most common: GP-5 utility crossings, GP-7 minor road crossings, GP-11 maintenance). GP registration is much faster and cheaper than Individual Joint Permit.
• Wetlands delineation required for most Chapter 105 work — typically performed by a qualified wetlands professional.
• Environmental assessment scope varies by project; Individual Joint Permit requires more depth than GP registration.
• Avoidance, minimization, compensation hierarchy applies — mitigate unavoidable wetland impacts.
• Public notice on Individual Joint Permits — add timeline.
• County conservation district delegation — some review functions delegated; check regional procedures.

How PA compares to neighbors

• Delaware. DNREC Wetlands + Subaqueous Lands — see our DE Wetlands essay.
• New Jersey. CAFRA + WDA + FWPA + CZM Rules — see our NJ CAFRA essay. NJ assumed federal Section 404 for most freshwater non-tidal.
• Maryland. Tidal + Non-Tidal Wetlands + Critical Area + MDSPGP — see our MD Wetlands essay.
• Virginia. Tidal Wetlands Act + VSMP + CBPA.
• Pennsylvania. Chapter 105 with 15-category General Permits + Individual Joint Permit + PASPGP coordination with USACE.

PA's GP system is particularly granular — 15 categories handle most common low-impact work with defined design standards.

What to do with this

If your PA project touches a stream, wetland, or floodway: Chapter 105 applies. Determine GP eligibility first.

If eligible for GP: register through regional DEP office or delegated conservation district.

If not GP-eligible: Individual Joint Permit + environmental assessment + Section 401 Water Quality Certification.

If on major river with USACE-eligible work: PASPGP may eliminate separate federal review.

For the broader PA regulatory stack, see our essays on PA UCC, PA MPC, PA Act 537, and PA PAG-02.

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