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Water Obstruction and Encroachments

The Water Obstructions and Encroachments Section of the Division of Wetlands, Encroachments and Training develops and coordinates regulation, policy, program guidance and procedure for the regional implementation of the Chapter 105 Waterways and Wetlands program, including coordination with Federal Clean Water Act, Section 404 requirements. This program also administers the submerged lands licensing program as well as the commercial sand and gravel royalty agreements.

Fact Sheets and Publications

Guidelines and Guidance

Availability of Revised Environmental Assessment Form and Instructions for Chapter 105 Water Obstruction and Encroachment Permit Applications

Effective July 1, 2017, the Department of Environmental Protection (Department) requires the use of the revised Environmental Assessment Form for Chapter 105 Water Obstruction and Encroachment Permit Applications.  This information is intended to clarify the process for completing the information requirements for a Water Obstruction and Encroachment Permit application, including Small Project Applications Environmental Assessment Form (3150-PM-BWEW0017) in accordance with 25 Pa. Code Chapter 105 (Dam Safety and Waterway Management) for all projects. The revised Environmental Assessment Form and Instructions can be accessed through the Department's eLibrary web site at www.elibrary.dep.state.pa.us by selecting “Permit and Authorization Packages,” then “Waterways Engineering and Wetlands,” then “Water Obstruction and Encroachment and Wetlands,” and “Environmental Assessment Form.”

Statutes and Regulations

Resources

Federal Permitting and Associated State Water Quality Certifications (SWQC) Issued Under Section 401 of the Federal Clean Water Act

Pennsylvania State Programmatic General Permit (PASPGP)

PASGP-5:

PASPGP-5 – 401 Conditional SWQC: PA Bulletin [46 Pa.B. 3879; July 16, 2016]
PASPGP-5 – Comment and Response Document for 401 Conditional SWQC

Proposed PASGP-6:

Proposed PASPGP-6 – Proposed 401 Conditional SWQC: ...Coming Soon

US Army Corps of Engineers’ Nationwide Permits (NWP)

2017 NWPs:

2017 NWP – 401 Conditional SWQC: PA Bulletin [47 Pa.B. 3043; May 27, 2017]

2020 Proposed NWPs:

2020 Proposed NWP – 401 Conditional SWQC: PA Bulletin [51 Pa.B. 238; January 9, 2021]
2020 Proposed NWP – Comment and Response Document for 401 Conditional SWQC