Wetland Protection Summary: Pennsylvania

Name of State Statute:
Pennsylvania Code Title 25 Chapter 105, Dam Safety and Water Management Pennsylvania regulates activities in wetlands under its section 401 water quality certification program and its Dam Safety and Waterways Management Program. The activities are reviewed by the Pennsylvania Department of Environmental Protection (DEP). DEP review may be delegated to County Conservation Districts.

Wetland definition and delineation:
Wetlands are "areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas." Pennsylvania delineates wetlands using the 1987 Corps Wetlands Delineation Manual.

Wetlands regulated:
Pennsylvania regulates the same wetlands as those regulated under the federal law, as well as "isolated" wetlands and headwaters that may no longer be regulated by the Corps after SWANCC. The Corps has issued a state programmatic general permit (SPGP) for minimal impact activities affecting less than 1 acre of wetlands, relying upon the commonwealth’s Chapter 105 permit review in most cases. The Corps continues to require a separate federal permit under section 404 and section 10 of the Rivers and Harbors Act for projects impacting wetlands on Lake Erie and other traditionally navigable waters. Permits for most projects regulated through the SPGP or separately by the Corps or DEP are open to public comment. The comment period for Chapter 105 permits is 30 days. DEP's "waiver 2" in the Dam Safety and Waterways regulations exempt stream encroachment activities in streams and floodways with a drainage area of 100 acres or less, leaving headwater streams unprotected in some cases.

SWANCC Fix:
The staff interviewed at DEP report that SWANCC has not harmed wetland protection in Pennsylvania and that no fix has been needed.

Contacts:
Source of information: PA Department of Environmental Protection (DEP) (http://www.dep.state.pa.us/dep/deputate/watermgt/wc/subjects/wwec/general/wetlands/wetlands.htm) ;

For staff contact information:
http://www.dep.state.pa.us/dep/deputate/watermgt/wc/subjectcontact.htm.

Type of information: Public notices of Chapter 105 permits

To get added to the list: Sign up for electronic alerts at http://www.dep.state.pa.us/efacts/

Source of information: U.S. Army Corps of Engineers, Buffalo District (http://www.lrb.usace.army.mil/or/orf/permits.htm)
Pittsburgh District: http://www.lrp.usace.army.mil/

Type of information: Public notices of 404 individual permits, 404/10 permits for projects on Lake Erie.

To get added to the list: Send letter with your address or e-mail address to Rm. 1834 Federal Building, Regulatory Branch, 1000 Liberty Ave, Pittsburgh, PA 15222.

Exemptions:
http://www.pacode.com/secure/data/025/chapter105/s105.12.html