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    Department of Environmental Protection

    Apply for Department of Environmental Protection Joint Water Permits

    Find out how to apply for DEP Joint Water Permits with these helpful resources. 

    Apply Now

    Overview

    Regulations often require a permit or agency approval. However, the method of permitting or waiving applications can vary. 

    DEP's Permit Application Consulting Tool (PACT) helps applicants find which permits may apply. This tool also helps applicants set up pre-application meetings with the Department of Environmental Protection.

    This page includes DEP Joint Water Permit guidance for the following: 

    • Chapter 105 Water Obstruction and Encroachment regulations
    • Chapter 106 Floodplain Management regulations
    • 401 Water Quality Certification
    • 404 Joint Permit Process with the U.S. Army Corps of Engineers

    How to Apply for Department of Environmental Protection Joint Water Permits

    The regulations often require a permit or approval. But the method of permitting or approving can take many forms.

    This page and its subpages outline the permitting and authorizations for the following. 

    • Chapter 105 Water Obstruction and Encroachment regulations
    • Chapter 106 Floodplain Management regulations
    • 401 Water Quality Certification
    • 404 Joint Permit Process with the U.S. Army Corps of Engineers

    A required permit under these programs does not rule out the need for other permits.

    Permit Application Consulting Tool (PACT)

    DEP has the Permit Application Consulting Tool (PACT). The tool helps applicants find which DEP permits and regulations may apply. It also helps to set up pre-application meetings with DEP.

    Ways to Submit Applications

    You can submit applications for Chapter 105, 106, and 401 Water Quality Certification one of three ways. 

    1. DEP’s e-permitting system
    2. DEP’s OnBase Electronic Forms Upload system
    3. Traditional Mail

    Learn more about submitting permit applications. 

    DEP Joint Water Permits and Authorizations

    Regulations often require a permit or approval but the method of permitting or waiving it can take many forms. 

    Activities which are regulated under Chapter 105 can be organized into the following levels of authorization types.

    1. Waiver of Permitting Requirements

    Activities that meet the requirements to waive permitting. DEP does not require approval.

    See 25 Pa. for activities with waived permitting requirements. They are in the Chapter 105 regulations. Code § 105.12.

    Owners seeking to confirm eligibility under a waiver may contact the appropriate DEP office. Note that a waiver means the owner must still follow Chapter 105.

    2. Waiver of Permitting Requirements – Environmental Assessment Approval Required

    DEP must approve activities that meet the criteria to waive permits. They still require an Environmental Assessment.

    These are activities under waivers 11 and 16 within the Chapter 105 regulations found at 25 Pa. Code § 105.12(a)(11) & (16).

    They include:

    • Removing abandoned dams
    • Water obstructions
    • Encroachments
    • Restoration activities

    3. General Permit Authorization

    To qualify for a General Permit, register with DEP or the County Conservation District. You must get their approval. General Permits are for projects similar in nature. They are already issued by DEP. Submissions to DEP register for the General Permit. They agree to its terms and conditions for their water obstructions or encroachments. The General Permits webpage provides more detail.

    4. Small Project Type – Individual Permit Application

    Activity(ies) qualifying for a Small Project Type Individual Permit Application. Activities that don't qualify for a waiver or a General Permit may qualify for a Small Project Individual Permit.

    Small Project Type applications are for low-impact projects.

    They must not harm:

    • Life
    • Health
    • Property
    • Environment

    And they cannot be located in wetlands.  

    For details, see the individual permit application instructions and 25 Pa. Code § 105.13(f).

    5. Standard Type – Individual Permit Application

    For activities with no other approval type, apply for a Standard Type Individual Permit. If a project can't get a waiver, permit, or small project app, then only the Standard Type Individual Permit Application applies. See the individual permit application instructions.

    The Regional Permit Coordination Office (RPCO) handles specialized or large Chapter 105 projects that cross multiple counties or regions. 

    Submerged Lands of the Commonwealth – Submerged Lands License Agreements (SLLA)

    Submerged Lands in Pennsylvania are waters and lands owned by the Commonwealth. They experience flooding on a permanent or periodic basis. This includes the beds of navigable lakes, rivers, and streams. They are public highways owned and held in trust by the state. This Commonwealth knows them as the Submerged Lands.

    Structures on, over, or under Submerged Lands of this Commonwealth require SLLAs under Chapter 105.

    Applicants can only get them when they apply for a Chapter 105 Dam Permit or a Water Obstruction and Encroachment Permit. The DEP of Pennsylvania grants a maximum of 25 acres of submerged land. To use submerged lands over 25 acres, you need approval from the Pennsylvania General Assembly.

    There are two types of Chapter 106 permit applications in Pennsylvania:

    1. Standard application
    2. Site Restoration Permit

    This permit is only for removing a highway obstruction and iit must be owned or maintained by the Commonwealth, a political subdivision of it, or a public utility. 

    All other applications are a standard application and use the Individual Chapter 105 Permit Application Form and Instructions. 

    See the DEP Forms, Publications, and Guidance page for more information. 

    Chapter 106 can be found in its full text on the PA Code website.

    DEP and the U.S. Army Corps of Engineers (USACE) share a permit application process. It is for the Federal Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act.

    The USACE has issued the PA State Programmatic General Permit 6 as part of this process.

    DEP reviews Chapter 105 applications for state and federal permits. It's a one-stop shop.

    In most cases, DEP or County Conservation Districts can issue both state and federal permits.

    If DEP can't issue the federal authorization, it will forward the application to the USACE for review. This saves time for the public and the regulated community. It also makes reviews more efficient.

    For more information see the Forms, Publications, and Guidance webpage.

    Section 401 of the Federal Clean Water Act requires a federal license or permit applicant to get water quality certification from the appropriate state.

    To submit a 401 Water Quality Certification Request, you must send DEP a request with an Environmental Assessment (EA).

    DEP does not have a separate form for a 401 Water Quality Certification. There are ongoing changes to the federal 401 Water Quality Certification Rule.

    To request a 401 Water Quality Certification, the requestor must submit it to DEP. It must include the items required in the federal 401 rule.

    You can find and read the rule on EPA’s website along with a Chapter 105 Environmental Assessment Form.

    Contact DEP to discuss what information to submit.

    DEP’s Bridge and Culvert Maintenance & Repair Tool is an online tool. It helps owners of bridges and culverts. They need to find permit and notification requirements for maintenance and repair work.

    The tool aims to avoid delays and will direct you on how to proceed with your project. It will ask about the bridge and culvert plus the proposed work. 

    Contact Us

    Discover DEP Contacts for more information. 

     

    Call us

    You can call us at:

    (717) 772-5987

    Email us

    You can email us at:

    ra-epregionalpermit@pa.gov

    Questions?

    Find helpful DEP contacts at:

    DEP Contacts