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Act 167

Program Updates

  • Funding available for Act 167 stormwater management plan development and/or revision

As part of the FY2022-23 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 Phase II, Act 167 Plan Development or Revision is now open and will remain open until August 30, 2024. Act 167 Phase II grant applications must be submitted through the Electronic Single Application (ESA) website. Information on funding eligibility and the instructions for completing the Phase II funding application can be found in the Act 167 Phase II Stormwater Management Plan Development Grant Guidance.

Any county that has completed a Phase I Scope of Study consistent with the requirements of 25 Pa. § 111.14 is eligible to apply for Phase II funding. This includes both counties that have received funding from DEP to develop their Phase I Scope of Study, and counties that have completed a Phase 1 Scope of Study outside of a grant agreement with DEP.

Background

The Pennsylvania Stormwater Management Act of 1978, or Act 167, required that within two years following the promulgation of guidelines by DEP, each county must prepare and adopt a watershed stormwater management plan (“Act 167 Plan”) for each watershed located in the county as designated by DEP, in consultation with the municipalities located within each watershed, and must periodically review and revise such plans at least every five years.

Act 167 Plan Approval Process

Counties must submit the plans to DEP for approval, and municipalities must enact ordinances or regulations consistent with the plans. DEP’s review process is explained in its Standard Operating Procedure (SOP) for Review of Act 167 Stormwater Management Plans. Counties should include DEP’s Act 167 Plan Cover Sheet (Word) | (PDF) with any new or revised Act 167 Plan submitted to DEP.

After adoption and approval of an Act 167 Plan, the location, design and construction of stormwater management systems, obstructions, flood control projects, subdivisions and major land developments, highways and transportation facilities, public utility services and facilities owned or financed in whole or in part by funds from the commonwealth within the watershed must be conducted in a manner consistent with the stormwater management plan.

For municipalities that have regulated MS4s, compliance with NPDES permits may be achieved by enacting and implementing an ordinance(s) from a current Act 167 Plan.

Counties that are interested in developing or updating Act 167 Plans should contact the appropriate DEP regional office. Please refer to DEP’s list of Act 167 contacts. General questions can be directed to the Bureau of Clean Water at RA-EPPAMS4@pa.gov.

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