Chapter 105

Any work in or near “Waters of the Commonwealth” (stream, lake or wetland) is regulated by the State of Pennsylvania under Chapter 105 of DEP’s Rules and Regulations.  The Jefferson County Conservation District (JCCD), under delegation of the Pennsylvania Department of Environmental Protection, administers the Erosion and Sediment Pollution Control Program.  The Conservation District performs technical plan reviews of Erosion and Sediment Pollution Control (E&S) plans, conducts earth disturbance inspections and provides education on soil and water conservation practices for residential and commercial construction.

The District’s first goal is to help the public through the permitting process and help them accomplish their goals without causing unnecessary negative impacts on the stream.

The Conservation District also assists DEP by investigating complaints about unauthorized stream work.  Our goal is to assist the landowner in bringing the site into compliance.  Often this can be accomplished without major disruptions to the plans or unnecessary delays.  When necessary, we refer the problem to the DEP Regional Office for further action.

In addition to the State’s permitting requirement, there is also a Federal permit, administered by the Army Corps of Engineers (ACOE), which is often required before working in streams and wetlands.  To simplify the process for the applicant, one application submission is used for both permits. In many cases, the approval letter authorizing the project will include both the State and Federal approvals.  In a case where that is not possible, the need for the second approval will be clearly stated in the approval letter with a warning that the project cannot be started before the second approval is obtained.

This utility crossing has been properly stabilized.

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The streambank shown has been properly stabilized.

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Chapter 105 General Permit Changes

The PA Department of Environmental Protection (DEP) has launched an electronic permit system to provide landowners a more effective way to request permit registrations for new projects that affect wetlands and waterways and get a faster response from DEP.  

The Chapter 105 e-permit, which can now be accessed through DEP GreenPort, will save time for applicants and reviewers, include online permit payment, reduce the expense of printing complex design drawings and make information available in real-time to the public.  DEP will also continue to accept paper registrations to accomodate applicants whose only option is a paper form.

If you need to apply for a DEP Chapter 105 Water Obstruction and Encroachments General Permit, click here

A temporary bridge should have been used for this logging activity.

Do I need a General Permit?

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