PA DEP’s Draft Chapter 105 Rewrite: What It Means for Streams, Ponds and Trails
DEP walked its Water Resources Advisory Committee through a draft Chapter 105 rewrite on Nov. 4. New waivers would cover storm debris removal, pond maintenance, trails and docks, with limits. What landowners near streams should know.
Pennsylvania’s Department of Environmental Protection gave its Water Resources Advisory Committee a section-by-section look at a draft rewrite of Chapter 105 on Nov. 4, 2026. Chapter 105 is the state rule for dams and for work in and along streams, wetlands and floodways. DEP’s presentation says the last significant update was in 1991. The draft would add 11 new permit waivers, including one for clearing storm debris out of a stream.
The short version
Nothing has changed yet. This is a draft that DEP is taking to its advisory committees before a formal proposal, public comment and a final rule. If it survives, landowners could remove storm debris from a stream within a year of a storm under an approved plan, build low-impact trails and footbridges, and put a private dock in a man-made, off-stream pond outside a floodway without a permit. The pond-maintenance waiver would also cover off-stream ponds. Every waiver comes with limits, and nine of the new ones can’t be used in certain sensitive areas.
What DEP showed its advisers
Domenic Rocco, who directs DEP’s Bureau of Waterways Engineering and Wetlands, presented the draft. According to the presentation, the bureau has worked on this version since June 2025 and reviewed comments on an earlier attempt. That earlier version was published for comment in December 2020 but never finalized. These are the waivers most likely to matter on rural and residential property, taken from the September 2026 draft rule text:
| Draft waiver | What it would cover | Key limits in the draft |
|---|---|---|
| Stream debris after a storm, 105.12(a)(26) | Removing displaced streambed sediment, eroded soil, litter, waste, fallen trees and construction debris left by flooding in a stream or floodway | Within 1 year of the storm; plan approved by DEP or the county conservation district; prior approval; doesn’t cover anything that may change the stream’s course, current or cross section, including operating vehicles or equipment in, along, across or projecting into the stream |
| Pond maintenance, 105.12(a)(14) | Restoring an artificial pond or reservoir to its original storage, now including off-stream ponds | Max depth 15 ft; max 50 acre-feet; on-stream ponds limited to 100 acres of drainage area |
| Low-impact trails, 105.12(a)(18) | Single-span footbridges, trail bridges and paths for nonmotorized recreation | Bridges span the whole stream or wetland with foundations outside the banks; no paths in wetlands; in floodways, paths stay at existing grade or don’t change flood capacity; public facilities max 8 ft wide and sealed by an engineer |
| Private dock, 105.12(a)(24) | A private recreational dock or water withdrawal structure in an artificial off-stream pond | Not in a floodway; pond can’t be associated with a jurisdictional dam |
Nine of the new waivers, including the trail and dock waivers, can’t be used in threatened or endangered species habitat, at listed historic, cultural or archaeological sites, in or within 100 feet of a designated or nominated wild or scenic river, in or along a National Natural Landmark, in a National Wildlife Refuge, or in or along exceptional value waters and wetlands. Before starting, the owner is responsible for confirming eligibility and must show proof if DEP asks.
Beyond waivers, the presentation lists a rewrite of the mitigation section to follow the federal 2008 mitigation rule, flood resiliency and geomorphic stability language for culverts and bridges, new operation and emergency plans for levees and floodwalls, and a requirement that, when the permit holder isn’t the property owner, the permit holder report a change in ownership to DEP in writing within 30 days. DEP plans to present the draft to its Agricultural Advisory Board on Dec. 3 and to other DEP groups, according to PA Environment Digest.
How we’d read it as a builder
The storm-debris waiver is the one rural landowners will notice. After high water, the first instinct is to put a machine in the creek and pull out the gravel bar and downed trees. The draft points the other way: removal needs a plan approved ahead of time, and the waiver doesn’t cover running equipment in, along, across or into the stream, or anything else that may change its course, current or cross section. If the job needs a machine near the creek, call the conservation district first. It may need a permit, not the waiver.
For pond owners, extending the maintenance waiver to off-stream ponds could make dredging a silted farm pond back to its original storage capacity simpler, within the depth and volume limits. The trail and footbridge waiver suits a path down to a creek, but the bridge has to clear the whole channel with its footings outside the banks, which affects span and cost.
Until a final rule is published, today’s Chapter 105 rules apply, so sort out the permit question before you grade near a stream, wetland, pond or floodway. Our guide to land grading in central PA covers where water should go on a lot, and swale vs. French drain covers moving yard water away from a house.
Builder’s note: Before any machine work near a creek, a pond or a wet low spot, call your county conservation district and ask whether a permit or waiver applies. Photograph the bank and channel before work starts. Call 811 before anyone digs. If you’re buying land with a pond, a bridge or a culvert, ask whether a Chapter 105 permit comes with it. Under the draft, a permit moves to a new owner only with DEP approval.
Sources: PA DEP, Chapter 105: Dam Safety and Waterway Management, Overview of Proposed Rulemaking (WRAC, Nov. 4, 2026); PA DEP, draft Chapter 105 annex (September 2026); PA DEP, Water Resources Advisory Committee; PA Environment Digest, DEP Briefing: Overview Of Draft Chapter 105 Changes Highlighting New Waivers, Replacement Of Impacted Resources, Stream Debris Maintenance (Nov. 4, 2026); Independent Regulatory Review Commission, Regulation #7-556: Dam Safety and Waterway Management
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