A web-based training course with information on Act 167 and guidance on the topics that must be included in an Act 167 Plan is available in DEP’s Clean Water Academy.
Act 167 Frequently Asked Questions (FAQ) document provides general information on the Act 167 Program and was developed to assist counties and the public in understanding the requirements of Act 167. Periodic updates to the FAQ are published as needed.
Monroe County recently completed updates to the Act 167 Plans for two watersheds. These plans were reviewed and approved by DEP in December 2022.
Section 17 of Act 167, DEP is authorized to award grants to municipalities and counties for reimbursement of costs in preparing and revising stormwater management plans and actual administrative, enforcement and implementation costs when funds are appropriated by the General Assembly for this purpose.
DEP’s entering into grant agreements with counties for preparation or revision of Act 167 Plans is governed by
25 Pa. Code Chapter 111. Grant agreements specify that the county prepare the watershed stormwater plan or revision in at least two phases. Phase I includes the preparation and submission by the county of a scope of study under § 111.14 (relating to Phase I - scope of study) for review and approval by DEP. After the approval of Phase I, DEP will have the discretion to authorize the county to prepare Phase II, consisting of a detailed watershed stormwater plan or revision and other phases that may be required, based on the level of effort and cost approved in the scope of study.
County SWMP Development and Revision Funding
Counties are responsible for the preparation, enactment, implementation, administration, and enforcement of SWMPs, and for obtaining the necessary financial support. When Act 167 was enacted, DEP provided grants to counties to assist with SWMP preparation and revision. This continued until 2009 when funding was longer appropriated by the General Assembly for this purpose.
As part of the FY 2022-23 budget, Act 54 of 2022 allocated funds to DEP for grants and reimbursements (up to 75% of allowable costs) to municipalities and counties for eligible activities. The time period to apply for Act 167 Phase I (Scope of Study) funding closed on June 23, 2023. The application period for Act 167 Phase II funding will open approximately one year from the date of the Phase I grant award announcement. Funding decisions for Phase II Act 167 Stormwater Management Plan development or revision requests will not be made until the close of the period to request funding. Any funding requests received prior to this date will be ineligible and need to be resubmitted to DEP within the period of time announced for Phase II funding requests.
County funding for Phase II stormwater management planning grants will be handled outside of the Growing Greener Plus grant program. Only counties with a completed Phase I scope of work will be eligible for Phase II funding. Funding for Phase II will be subject to the availability of funds.
When funding is available, municipalities located in designated watersheds for which watershed stormwater plans have been prepared and adopted by counties and approved by DEP may request annual reimbursement for eligible expenses incurred in the adoption or revision of ordinances or regulations and other actual administrative, enforcement and implementation costs incurred in complying with the Act 167 Plan.
Submission of a grant application is not necessary for municipalities to obtain reimbursement for eligible expenses. Starting on January 1, 2024, municipalities may submit applications for reimbursement for the prior calendar year (subject to the availability of funds) up to March 31st of each year. The municipal reimbursement form (3850-FM-BPMPSM0059) and instructions are available in eLibrary.
Only municipalities that have enacted a stormwater ordinance that is consistent with a model ordinance contained in a current and approved Act 167 Plan are eligible for reimbursement. The cap for reimbursement of allowable costs by eligible municipalities is $10,000 per year, subject to the availability of funds.
The status of Act 167 Plans across Pennsylvania is shown in the figure below.
In order for an Act 167 Plan to be considered current, it must have been approved within the last five years. More detailed information on Act 167 Plan approval dates can be obtained by clicking the following link: Act 167 List.