[Skip to Content]

Erosion and Sedimentation

Erosion and Sedimentation

The majority of the Conservation District's efforts are centered towards the conservation of water and soil resources.  The District administers the Erosion and Sedimentation (E&S) program through a signed delegation agreement with the PA Department of Environmental Protection (DEP), Bureau of Watershed Protection to enforce Chapter 102 (Erosion and Sediment Control) of PA Title 25 (Environmental Protection). 

As the county continues to experience growth, it becomes increasingly important to make sure that resources are protected according to the regulations. Due to intensifying development pressure and greater awareness for environmental protection, the E&S program continues to be one of the District's most demanding programs.

 Through the program, the District reviews and approves E&S control plans for earthmoving sites. Inspections of the sites are conducted to assure the plans are properly implemented, controls are installed, and sequences are followed. By doing this, the District strives to meet its goal of minimizing accelerated erosion and sediment pollution to the waters of the Commonwealth as a result of earthmoving activities.

Back to Conservation District 
Home Page

NPDES and Chapter 102 Program

Requirements and Regulations

The National Pollution Discharge Elimination System (NPDES) Program is administered in conjunction with the E&S Program. 

This program requires any earthmoving activities disturbing one (1) acre or more over the life of the project to obtain a permit.  Under the requirements of the NPDES program, these activities must have an Erosion and Sedimentation Control Plan submitted to the District for review. 

Permits are not issued until the plan is in compliance with Chapter 102.


Construction Stormwater
The PAG-02 General Permit will expire on December 7, 2024. DEP expects that Notices of Intent (NOIs) to remain covered under the reissued PAG-02 General Permit will be required, and those NOIs will be due to the DEP or county conservation district office that approved original coverage by December 7, 2024. DEP expects to provide a streamlined renewal NOI form for this purpose. This form will not be available until PAG-02 is reissued (the current estimate is Fall 2024). Permittees that do not have Notice of Termination (NOT) approval by December 7, 2024 will need to submit a renewal NOI. However, DEP and county conservation districts cannot accept renewal NOIs for PAG-02 until DEP publishes the final reissued PAG-02 General Permit.


Chapter 102 Responsibilities

Chapter 102 also defines responsibilities of Local Governing Bodies in regard to permitting and earth disturbance activities. 

Chapter 102.42
A municipality or county which issues building or other permits shall notify the Department or conservation district within 5 days of receipt of an application for a permit involving an earth disturbance activity consisting of 1 acre (0.4 hectare) or more. 

Chapter 102.43
With the exception of local stormwater approvals or authorizations, a municipality or county may not issue building or other permit or approval to those proposing or conducting earth disturbance activities requiring a Department permit until the Department or a county conservation district has issued the E&S or individual NPDES Permit, or approved coverage under the general NPDES Permit for Stormwater Discharges Associated With Construction Activities under Chapter 102.5 (relating to permit requirements). 


Forms and Documents

Click here to be directed to DEP's E&S Resources page. This page includes links to the following resources and guidance:

  • Permits and Applications: PAG-02 General, Individual, & (ESCGP-3) Oil and Gas; NOIs; Instructions; Checklists; Chapter 102 Permit Modules 1 through 4; and Application for NPDES or WQM Permit Transfer (used for transferring Chapter 102 permits and other permits)
  • Chapter 102 Forms and Instructions: Co-Permittee Liability Release, Co-Permittee Acknowledgement, County and Municipal Notifications, Visual Site Inspection Report, Pre-application Meeting Request, and Notice of Termination
  • Guidance/ Resources: Alternative E&S and PCSM BMPs reviewed by DEP, Erosion & Sediment Pollution COntrol Program Manual, PA Stormwater BMP Manual, Riparian Buffer Guidance, FAQs, Homeowner's Guide to Stormwater BMP Maintenance, E&S Plan Template for Timber Harvesting, Acronymns and Abbreviations, Instrument for the Declaration of Restrictions and Covenants, and Notification and Operation and Maintenance Agreement, and Frequently Asked Questions  

Click here to be directed to DEP's Water Obstruction and Encroachments page.
This page includes Guidelines, guidance, forms, and instructions for Chapter 105 Water Obstruction Encroachment Permit Applications.



No, not without a permit.

DEP's has created a booklet which lists activities that may or may not require DEP notification, pre-approval, and/ or permits: 

Guidelines for Maintaining Streams in Your Community


Please review our Pond Packet

To determine if it is possible to construct a pond on your property, several items must be checked prior to beginning any earth moving activities:

Step 1:  Verify if your proposed pond is a "jurisdictional" pond and will require a Dam Safety permit. You can contact the Pennsylvania Department of Environmental Protection Southcentral Regional Office at (717) 705-4802 for more information.

Step 2:  Confirm the presence or absence of jurisdictional wetlands located within or close to your limits of disturbance.

Step 3:  Determine the source of water for the proposed pond. If your intake is from a nearby stream you will need to complete a GP-4 application (Chapter 105 General Permit for Intake and Outfall Structures).

  • Additionally, determine the outlet location for the over-flow from the pond.
  • Depending on the location of the outfall you may need to include this information within the GP-4. A single GP-4 application can cover both an intake and an outfall.
  • A GP-4 application can be downloaded from DEP's website.
  • Consider the location of a new concentrated discharge point and the neighboring property receiving this water.

Step 4:  Check with your local municipality for any local floodplain concerns or local ordinances that may impact your proposed pond project.

Step 5:  Erosion and Sediment (E&S) Control must be incorporated into the earth disturbance activity. If the pond excavation would exceed one acre (43,560 square feet) in surface (length x width) then an NPDES permit is required. Please seek out a local consulting firm who deals with land development projects.

Need Assistance?

District staff are assigned to municipalities. If your project is in a specific municipality, open the map to see the assigned staff member and email contact information.

Image of Map

Map of E&S Staff Assigned by Municipality