Stream and Wetland Encroachment Permit Update in Pennsylvania

Jun 22, 2016

From the desk of Teresa M. Amitrone, Project Manager

The Pennsylvania State Programmatic General Permit No. 5 (PASPGP-5) will be implemented and in full effect in the applicable portions of the Commonwealth of Pennsylvania on July 1, 2016. PASPGP – 5, which regulates stream and wetland encroachments and crossings in Pennsylvania, contains several major changes.

What do you need to know now?

> Single and complete projects that will result in a permanent loss of more than 1,000 linear feet of stream will no longer be eligible for a PASPGP permit.

> Changes to reporting will impact the PADEP’s ability to issue a PASPGP permit; there are now some activities that are required to be submitted to the Corps for processing. Among the events that now must be sent to the Corps as Reporting Activity:

  • Impacts to more than 0.5 acre of waters of the US, including jurisdictional wetlands
  • A utility line crossing of waters/and or wetlands that exceeds 500 linear feet (excluding overhead lines)
  • Activities proposing temporary impacts for greater than a 1 year period

> Unless waived by the Corps, a Post-Construction Monitoring Report is required for all temporary impacts to wetlands that exceeds 0.10 acre.

> Applicability of grandfathered activities should be carefully reviewed due to changes in the Reporting/Non-Reporting Activities and eligibility limitations.

A full description of the changes associated with PASPGP-5 can be found here: http://www.nab.usace.army.mil/Portals/63/docs/Regulatory/SPN16-22.pdf