Chapter 102 Permit Resources

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When Do You Need a Permit?

Entities that propose earth disturbance activity are required to develop and implement Erosion and Sediment Pollution Control (E&S) Plans. These plans minimize sediment pollution. Thresholds exist based on the area of earth disturbed. Those who propose to disturb 5,000 square feet up to 0.99 acre are required to design and implement E&S plans. 

Disturbing one acre or more of land requires an NPDES permit for most construction activities. A NPDES permit application includes an E&S plan, as well as a stormwater management plan. The stormwater management plan evaluates the difference in stormwater flowing off the site before and after development. 

ACCD reviews these plans to ensure that proposed earth disturbance activities meet Chapter 102 requirements, including the types of best management practices used, the order in which they are installed, and how the site will be stabilized upon completion of construction. 

Chapter 102 Non-Permitted Projects

Per 25 PA Code 102.4 (b)(2)(i), non-permitted E&SC plan approvals are required for projects with earth disturbance activities between 5,000 square feet and 0.99 acres. Please consult with the municipality where the development is occurring prior to contacting the Allegheny County Conservation District (ACCD) to verify where to send the plans for review. 
All Timber Harvesting Operations occurring in Allegheny County require an Erosion and Sediment Control Plan. For operations disturbing less than 25.0 acres, a permit is not required. However, an E&SC Permit is required for operations with 25.0 acres or more of earth disturbance activity. 

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Chapter 102 Permitted Projects

Please submit a completed Pre-application Meeting Request Form to schedule a pre-application meeting for all new NPDES permits. 

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A Notice of Intent is the initial and required document for a PAG-02 General NPDES permit application. Typically, most delays in processing NPDES permit applications occur during the completeness review of the NOI, so please ensure the document is filled out correctly and all supplemental information is included. 

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A Notice of Intent is the initial and required document for a PAG-01 General NPDES permit application. Typically, most delays in processing NPDES permit applications occur during the completeness review of the NOI, so please ensure the document is filled out correctly and all supplemental information is included. 

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A Notice of Intent is the initial and required document for an Individual NPDES permit application. Typically, most delays in processing NPDES permit applications occur during the completeness review of the NOI, so please ensure the document is filled out correctly and all supplemental information is included.

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Applicants for E&S and NPDES permits must submit notification forms to the municipality and county where proposed construction activity involving earth disturbance will be located. 

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Applicants for E&S permits and NPDES permits must submit Modules as part of the NPDES permit application where a proposed construction activity involving earth disturbance will be located. Instructions for Modules are located in the Notice of Intent instructions. 

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This DEP spreadsheet supports calculations for module 2 under the E&S and NPDES permit submission. 

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An MS4/CSS Notification form is required to be completed and sent to the receiving storm sewer owner when discharges from a site will discharge to MS4/CSS systems.  Please complete and send this form and provide a copy with your NPDES Permit Application where applicable. 

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A Co-Permittee form is required when adding a contractor or other operator to an NPDES permit.  This process indicates the sharing of permit responsibility, coverage, and liability. Please complete and file this form 30 days prior to any permittee changes to a project. 

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Per the conditions set forth in NPDES permits, all BMPs are to be inspected on a weekly basis and after each runoff event. The checklist and inspection report provide the framework for permit holder(s) to perform these inspections. 

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Fill material that is imported or exported from one site to another site should be tested to determine whether the fill is clean fill or regulated fill. Please complete the FP-001 Form Submission online, print a copy and attach it to your visual site inspection report to comply with item #24 of the report. 

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The Notice of Termination form is submitted once the following have been achieved (per 25 PA Code §102.7): permanent stabilization of earth disturbance activities, removal of erosion and sediment control best management practices, and implementation of post construction stormwater management BMPs. 

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Permittees or Co-permittees, presently covered under a permit, may submit this release form to the Department of Environmental Protection or ACCD when the co-permittee is no longer an operator of the construction activity at an active NPDES permitted site. 

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Use of this template is not mandatory but is strongly recommended. The language serves as an acceptable baseline for terms and conditions. 

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A sample of the 'New Property Owner Post-Construction Stormwater Management Best Management Practice(s) Notification and Operation and Maintenance Agreement' used to notify of long-term O&M requirements. 

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The transfer application form may be used by anyone holding a NPDES permit who wishes to transfer ownership or operation under the permit to a new permittee. 

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More Resources

  • PA Natural Diversity Inventory: The DCNR Conservation Explorer tool provides information on biological diversity, protected lands and other natural resources for planning purposes. The tool also allows users to screen a project area for potential impacts to threatened, endangered and special concern species. 
  • FEMA Flood Map Service Center: The FEMA Flood Map Service Center (MSC) is the official public source for flood hazard information produced in support of the National Flood Insurance Program (NFIP). Use the MSC to find your official flood map, access a range of other flood hazard products and take advantage of tools for better understanding flood risk. 
  • National Wetlands Inventory Mapper: The Wetlands mapper is designed to deliver easy-to-use, map like views of America’s Wetland resources. It integrates digital map data along with other resource information to produce current information on the status, extent, characteristics and functions of wetlands, riparian and deep-water habitats. Please note: this is not a comprehensive view of wetlands and field data is still needed in many cases. 
  • Allegheny County Act 167 Release Rate Map: This map provides information on areas with peak rate restrictions in accordance with the Allegheny County Act 167 Stormwater Ordinance. 
  • Allegheny County Landslide Portal: This online tool provides mapping and educational resources regarding landslide causes, prevention, BMPs and mapping in Allegheny County. 
  • PA eMap: PA eMap is another DEP tool that can be used to look at stream designations, impairments, existing permits, mined areas, and other items. 
     

Get Assistance With Permits

Get in touch with ACCD about submitting, uploading and applying for Chapter 102 and Chapter 105 permits.  
 

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