What Permits Do I Need to Work in a Stream?

Gravel deposit on the inside corner of a stream causing severe erosion on the outside of the corner.

Brad Cummings, Program Manager Chapter 102/105, BCCD
With a U.S. record 83,000 miles of free flowing channels in our state, nearly every Pennsylvania resident lives close to and is affected, sometimes negatively, by moving water.  Fortunately, within this state and county we do have the ability to alter and improve, when necessary, our in-stream property and right of way areas within specific permit parameters.  There are 4 categories of activities that may occur in streams, including…

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Non-Regulated/Waived Activities
Popular activities that do not require a permit include a) replacing a culvert pipe or placing an obstruction in streams with drainage areas under 100 acres, b) construction and maintenance of stream ford crossings less than 12 inches high for private personal (non-commercial) use and c) removing gravel, woody and other debris a maximum of 50 feet up and downstream from the end of clogged bridges and culverts.
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General Permits
Certain activities are allowed by various General Permits (GP’s) which must be obtained from the Bradford County Conservation District (GP’s 1-9) or DEP (GP-11) prior to construction, including…
 

1. GP-1 - Placement of up to 500 feet of fish habitat enhancement structures
2. GP-2 - Installation of small (under 750 square foot) docks with a maximum 50 foot length or boat launching ramps less than 100 feet long and 20 feet wide
3. GP-3 - Stabilization of up to 500 feet of eroding streambank through various methods and removal of a maximum 500 feet of gravel/rock to within 6 inches above the water level or dry stream bed
4. GP-4 - Placement of water outfall and intake structures to and from a stream
5. GP-5 - Installation of a utility line less than 36 inches in diameter across a stream
6. GP-6 - Construction of an agricultural crossing/ramp whose rock (or other stable crossing material) height is no more than 12 inches above the stream bottom
7. GP-7 - Building of a new permanent bridge or culvert across a stream with a maximum upstream drainage area of 1 square mile
8. GP-8 - Installation of a temporary (less than 1 year) crossing through a stream
9. GP-9 - Implementation of various agricultural activities in streams with a maximum 100 acre upstream drainage area if they are included in an approved Conservation Plan
10. GP-11 – Maintenance and Replacement of existing culverts and bridges

 
Emergency Permits
DEP may consider authorizing emergency permits, which allow activities exceeding General Permit thresholds, following a major storm event prompting a state of emergency declaration.  Work under an emergency permit must often be completed within 30 days, though extensions may be possible with proper justification.


Small Project and Individual (Joint) Permits
Small project activities exceed General Permit thresholds, but are still considered minor impacts, while an Individual Permit is more difficult to obtain, but may allow larger impacts such as changing the shape and location of a stream or placing bridges on streams with upstream drainage areas exceeding 5 square miles. 

While obtaining a permit can be a challenging process, it is certainly less painful than performing work without a permit and then bearing the wrath of regulatory agencies who have the authority to levy fines exceeding $10,000 per day until a violation is resolved.  Please contact our friendly staff at (570) 485-3144 before you plan to begin your in-stream project.  We can explain the process and possibly help obtain the permit(s) you need.

The Bradford County Conservation District is committed to helping people manage resources wisely.  You can visit the Bradford County Conservation District at 200 Lake Rd in Wysox across from the Wysox Fire Hall. Contact us at (570) 485-3144 or visit our web page at www.bccdpa.com.