Brandon Twomey, Resource Conservationist

Dams, bridges, and even docks, have you ever wondered why constructing or maintaining these structures often requires a permit? It can be easy to overlook how a project on one property may affect the people, wildlife, and waterways downstream. That’s why Pennsylvania regulates activities that impact water resources.

In Pennsylvania, these projects are regulated under Chapter 105 of the Pennsylvania Code, Dam Safety and Waterway Management. Chapter 105 establishes the requirements for activities involving water obstructions and encroachments. Like bank armoring or even stream crossings. This helps ensure that both private and commercial projects protect water quality, maintain natural stream flow, and safeguard life and property.

In 1994, the Pike County Conservation District signed its Chapter 105 delegation agreement with the PA Department of Environmental Protection. This agreement allows the District to investigate complaints, review permit applications, and provide technical assistance to residents of Pike County.

At our office, we have a team dedicated to fulfilling this delegation agreement with DEP, along with the other programs delegated to us. This team includes me, our Head Resource Conservationist, Matthew Williams, and Resource Conservationist Jason Pollits.

So, what areas fall under Chapter 105? Several types of water resources are regulated, including streams, lakes, ponds, reservoirs, and wetlands. Wetlands can be difficult to identify. Indicators such as standing water and the presence of water loving plants may indicate that a wetland is present on or near your property.

Iris versicolor photographed in wetland

These water resources provide valuable functions that benefit both people and the environment. They improve water quality, reduce flooding, support biodiversity, and provide critical habitat for countless plant and animal species.

Working with the community to effectively manage these water resources can certainly be challenging. The hills and slopes of Pike County are packed with streams and wetlands, and many people are unfamiliar with the regulations surrounding these critical areas. However, my interactions with the public have been positive and the vast majority of people care deeply about keeping the landscape healthy and clean.

The sites I am most proud of are those where the wetlands or streams that were being impacted are now on the path to recovery and the property owner has found a way to successfully complete their project while maintaining the values that our water resources provide.

Beaver Dam

When these resources are altered or degraded, those benefits can quickly be lost. Filling a wetland destroys valuable habitat and reduces its ability to filter pollutants and store floodwater. Likewise, placing excessive obstructions within a stream’s floodway can increase the frequency and severity of downstream flooding. While the impact of a single project may seem minor, the cumulative effects of many individual projects can create significant environmental and economic costs over time.

It’s important to remember, Chapter 105 isn’t just about preventing adverse impacts it also supports projects that improve Pennsylvania’s waterways. Many of PA’s streams have been altered through human activity like timbering, agriculture, mining, and dam construction. These activities accelerate erosion, causing upland sediment to seep down the watershed, covering wetlands, and forming steeper, unnatural stream banks. This is known as “legacy sediment”. It reduces flood capacity and causes continual bank erosion as the streams pushed back against these changes and attempted to return to their original state.

Common Snapping Turtle

Across the Commonwealth, larger restoration efforts have been approved to remove legacy sediment, reconnect streams with their floodplains, and restore the natural function of waterways. And on a smaller scale, permits are even available for habitat rehabilitation and enhancement projects, including fish habitat enhancement structures.

Great Blue Heron Nest

Chapter 105 continues to play a vital role in protecting and improving Pennsylvania’s water resources. By balancing responsible development with environmental stewardship, it helps preserve healthy waterways while creating opportunities to restore and enhance these valuable natural resources for future generations.