Do I Need an Erosion Control Plan or Permit for My Project?

A properly constructed silt fence for erosion control on construction projects.

Brad Cummings, 102/105 Project Manager, BCCD
​With Spring and the hope of better weather just around the corner, some are anxious to start earth disturbance projects they were unable to complete last year before Winter set in.    If that describes you, then here is a brief guide explaining when an erosion control plan and/or permit will be needed for your new house, garage, barn, pond, driveway, fill site or nearly any other type of project:

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1. A project disturbing less than 5,000 square feet (.11 acres) does not require a written and approved erosion control plan unless a) the County Planning Commission, Commissioners or your municipality requests it, b) you’re proposing excavation/fill in a stream, lake/pond or wetland or c) work will occur in a watershed designated by DEP as High Quality or Exceptional Value.  If a written and approved plan is needed, then have no fear for our office has developed a simple form you may use to create an acceptable plan for most projects disturbing less than 1 acre.  Our office will even help you prepare your plan, if needed, and formally review/approve your plan for a minimal fee.
2. A project disturbing between 5,000 square feet and .99 acres does require a written erosion control plan but doesn’t need our formal review and approval unless one of the three conditions (a-c) mentioned above are met.  Our simple form could still be used to develop the plan and our review/approval fee remains minimal for these smaller projects.  Regardless of the proposed disturbance area, any necessary erosion control structures must be properly installed before construction and maintained until the entire disturbed area is permanently stabilized by grass or other permanent cover to prevent sediment from flowing to an off-site property, inlet, stream, wetland or pond/lake.
3. All projects, with a few exceptions, encompassing more than .99 acres of earth disturbance (with all project phases combined) will require approval of a National Pollutant Discharge Elimination System (NPDES) plan and permit application by our office prior to disturbance and also before a municipality is allowed to issue any building permits.  This application is more extensive and will likely require a professional plan preparer. 
4. All oil and gas related projects (including well pads, gathering/transmission lines, compressor stations, water intake sites and impoundments) disturbing 5 or more acres will require an Erosion and Sediment Control General Permit (ESCGP) application submission, which would be reviewed/approved by either DEP or our office.
5. Forestry and road maintenance activities disturbing 25 or more acres require submission and approval of an Erosion Control (E&S) Permit application by our office prior to earth disturbance.

If you do need a plan or permit, please remember that while the process may not be fun, it will certainly be much less painful than bearing the wrath of regulatory agencies such as the Army Corps of Engineers, PA Fish and Boat Commission or DEP, whose fines may be up to $10,000 per day.  Our staff at the Bradford County Conservation District certainly don’t want to see you hammered by a potentially heavy fine and we would be glad to help by meeting with you before your earth disturbance project begins to explain what permits will (or will not) be required as well as the process to obtain the permit(s).  Please call (570) 485-3144 or visit our office (located in the Stoll Natural Resource Center, 200 Lake Road, Suite E, Towanda PA) to discuss your upcoming project… we look forward to seeing you.