Ponds can be a useful and beautiful addition to a farm or other property; providing recreation, a water source and other benefits.  Penn State Extension offers a wealth of information on managing ponds and the United States Department of Agriculture published guidance on pond planning, design and construction.

Many who look into building a pond ask: “Do I need a permit? “ The answer is...MAYBE!  The answer can be complicated because the construction of a pond crosses into several different program areas within DEP. You probably won't be able to figure out for certain if your pond project needs a permit just from the information given here, simply because there are many site specific variables. We present this information to give you some insight into the regulations governing pond construction in Pennsylvania.  Keep in mind, this information pertains to permitting only.

Most pond proposals we look at are in wet and poorly drained areas. Because of this poor drainage, there are often regulated wetlands in the area. It is usually necessary to have the area checked for the presence of wetlands by a consultant or DEP. If the proposed pond will impact wetlands, a Chapter 105 Water Obstruction and Encroachment Permit from DEP will be required.  In addition, this permit may also be needed if the pond encroaches into the floodway of a stream.

Ponds can also be regulated as dams.  A dam is defined as any artificial barrier, such as an earthen embankment or concrete structure, built for the purpose of impounding or storing water. DEP regulates, and thus requires a permit for, dams or ponds that meet any one of the following requirements: (1) Contributory drainage area exceeds 100 acres; (2) Maximum depth of water greater than 15 feet; (3) Impounding capacity greater than 50 acre-feet.

Other non-permit-related requirements for ponds:

Any project involving earth disturbance requires an implemented plan to stop accelerated erosion and sedimentation. If the earth disturbance exceeds 5,000 square feet, a written and implemented plan is required, but may not need to be reviewed by our staff.  If the total disturbance (which includes bring in pavers or paving associated roads and parking areas), exceeds 1 acre, a National Pollutant Discharge Elimination System (NPDES) permit is required for your project. This permit needs engineering approval and would be reviewed by the District Staff. Occasionally, it becomes necessary to drain a pond. When draining a pond, be aware that a draw-down permit is required by the PA Fish & Boat Commission. It is also necessary to minimize erosion and sedimentation when draining a large volume of water. Questions regarding required E&S controls can be directed to the Clinton Conservation District at 570-726-3798.