Act 167

The Pennsylvania Stormwater Management Act of 1978 (PDF), 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.

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.

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.

Act 167 Stormwater Management Plan Status

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.

Counties that are interested in developing or updating Act 167 Plans should contact the appropriate DEP regional office. General questions can be directed to the Bureau of Clean Water. Please refer to DEP’s list of Act 167 contacts. Also please see DEP’s Frequently Asked Questions (FAQ) document for Act 167 Stormwater Management.