WORK IN OR NEAR STREAMS

In most cases, a permit is required before starting any activity which has the potential to change, expand or diminish the width of the stream, depth of the stream, the stream’s current or cross-section, add material to the floodway or alter the floodway.

This means that almost all digging or excavation in, along, or across a stream- even if the excavated material is put back after the work - will usually require some kind of Chapter 105 permit or authorization.

Typical activities that require permits include: earth disturbance near streams, adding fill material near streams, the addition of structures on or near a stream (e.g. sheds, garages, pavilions, docks, foot bridges, water intakes), dredging a stream, stream bank stabilization projects, replacing highway bridges, installing or replacing driveway culverts and installing fish habitat structures.

WORK IN OR NEAR A WETLAND

Any activity which will have the potential to impact wetlands (temporary and/or permanent) will require a permit.

The Department of Environmental Protection published a resource for understanding the permit and notification requirements affecting those wishing to work in or adjacent to streams impacted by flooding called Guidelines for Maintaining Streams in Your Community.

The guide is a first step in determining what regulatory requirements may apply before beginning a project.  It contains a "green, yellow, and red light” list of potential stream activities to indicate whether permits are likely to be required, and additional sections titled “Good Rules of Thumb” and “Myth vs. Reality.”

Click here to move to our Chapter 105 permits planning page