Do I Need a Permit? - Pike County Conservation District

Permit Requirements

If you're planning construction, land development, or other activities that disturb land or affect waterways, you may need a permit from the Pennsylvania Department of Environmental Protection (DEP).

The two main programs that regulate these activities are:

Chapter 102 – Erosion and Sediment Control / NPDES Construction Stormwater: Focused on controlling erosion and managing stormwater from earth disturbing activities associated with sites requiring NPDES permits.

Chapter 105 – Water Obstruction and Encroachment: Focused on minimizing impacts to streams, rivers, wetlands, and floodways.

Example of a wetland with green grass, water, and lots of trees in the background.

Example of a Compost Filter Sock. A dirt road runs through the middle with a compost filter sock on the right edge. On the other side of the compost filter sock is a large pile of dirt.

Even if your project does not require a permit, you may still be required to prepare an Erosion and Sediment (E&S) Control Plan to prevent soil erosion and protect local waterways.

Use the questions below to help determine whether your project may require a permit or an E&S plan.

Step 1: How much land will be disturbed?

Less than 5,000 square feet? Usually, no Chapter 102 permit is required; however, the implementation and maintenance of Erosion and Sediment Control (E&S) Best Management Practices (BMPs) are required to minimize the potential for accelerated erosion and sedimentation, including those activities which disturb less than 5,000 square feet.
5,000 square feet up to 1 acre? A Non-NPDES E&S plan is required. This is a written plan showing how you will control erosion and sediment on your site.
1 acre or more (or part of a larger development)? You will likely need a Chapter 102 NPDES permit, including an E&S plan and post-construction stormwater management plan.
Earth disturbance activity in a Special Protection Watershed (regardless of acreage)? A written E&S Plan is required to be completed and available onsite throughout construction
Is there a municipal requirement for PCCD approval of Erosion and Sediment Control Plan (E&S) (i.e., timber harvest, zoning requirement etc.)? A written E&S Plan is required to be completed and available onsite throughout construction. The PCCD should be contacted for instructions.
Earth disturbance activity currently covered under an NPDES permit or was historically part of an approved
NPDES? A permit is not needed.
Earth disturbance activity greater than or equal to one (1) acre (43,560 sq.ft.) over life of the project (total of all disturbance activities)? An NPDES Stormwater Permit for Stormwater Discharges Associated with Construction Activities may be required. (Contact the Conservation District to set up a pre-application meeting).

Step 2: Does your project fall under common plan of development?

An NPDES permit under common plan of development or sale will likely be needed if:

There are contiguous or adjacent lots (within ¼ mile; including offsite support areas) under construction, or proposed
for construction, that are owned or operated by a common individual/developer/contractor, or is the construction
part of an approved subdivision.
A road, driveway or common utility is proposed to service multiple lots or has been built for the proposed
construction.
If the total area of earth disturbance is greater than one acre.
Please see the common plan FAQ located in our Resource Library or contact the District if you have questions.

Step 3: Will your project affect streams, wetlands, or floodways?

Yes – Chapter 105 may apply. Examples include:
- Building or altering a bridge, culvert, or dam
- Filling or draining wetlands
- Excavating or diverting a stream
- Installing stormwater outfalls
- Disturbance activity in, along or across Waters of the Commonwealth
- Water obstructions or encroachments proposed in, along or across Waters of the Commonwealth
No – If your project does not impact waterways, Chapter 105 likely does not apply. Even so, if the project disturbs land near waterways, an E&S plan may still be needed to prevent sediment from reaching streams or wetlands.

Step 4: Are you moving or bringing soil near water or wetlands?

Step 5: Are you unsure?

Important Notes:

Even if a permit is not required, an E&S plan may still be necessary to manage erosion and protect water quality.

Larger projects that disturb one acre or more almost always require both a permit and an E&S plan.
Checking first with your local conservation district can prevent penalties, delays, and costly restoration.
Following recommended best management practices protects streams, rivers, wetlands, and the surrounding environment, even on smaller projects.

2/17/2026 ANNOUNCEMENT: The PCCD Plan Review/ Permit Service Fee for projects disturbing 1 or more acres was temporarily reduced beginning on February 17, 2026 due to the temporary suspension of the PCCD Post Construction Stormwater Management (PCSM) Delegation Agreement with the Department of Environmental Protection (DEP) while PCCD is hiring to fill the vacant District Engineer position. During this transition, the DEP Northeast Regional Office (NERO) will temporarily handle the District’s PCSM responsibilities until the position is filled and delegation is reinstated. Please contact PCCD with any questions.