Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter A - GENERAL PROVISIONS › PERMIT APPLICATIONS › Section 105.12 - Waiver of permit requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under section 7 of the act (32 P. S. §
														693.7), the requirements for a permit are
						  waived for the following structures or activities, regardless of when
						  commenced. If the Department upon complaint or investigation finds that a
						  structure or activity which is eligible for a waiver, has a significant effect
						  upon safety or the protection of life, health, property or the environment, the
						  Department may require the owner of the structure to apply for and obtain a
						  permit under this chapter.
(1) A dam not
						  exceeding 3 feet in height in a stream not exceeding 50 feet in width, except
						  wild trout streams designated by the Fish and Boat Commission.
(2) A water obstruction in a stream or
						  floodway with a drainage area of 100 acres or less. This waiver does not apply
						  to wetlands located in the floodway.
(3) An aerial crossing of a nonnavigable
						  stream or wetland by electric, telephone or communications lines which are not
						  located in a Federal wilderness area or watercourse or body of water designated
						  as a wild or scenic river under the Wild and Scenic Rivers Act of 1968
						  (16 U.S.C.A. §§
															1271-1287) or the Pennsylvania Scenic
						  Rivers Act (32 P. S. §§
															820.21-820.29). This waiver applies to one or
						  more wires attached aboveground to single poles. This does not apply to the
						  maintenance and construction of towers, roads or other water obstructions or
						  encroachments.
(4) A dam subject
						  to the requirements of the Mine Safety and Health Administration,
						  30 CFR
						  77.216-1 and
						  77.216-2 (relating to water,
						  sediment or slurry impoundments and impounding structures; identification; and
						  water, sediment, or slurry impoundments or impounding structures; minimum plan
						  requirements; changes or modifications; certification), if the Department
						  determines on the basis of preliminary data submitted by the applicant that the
						  dam is of Size Classification C and Hazard Potential Classification 3 as
						  defined in §
														105.91 (relating to classification
						  of dams and reservoirs) and is not located in a watercourse or body of water
						  designated as a wild and scenic river under the Wild and Scenic Rivers Act of
						  1968 or the Pennsylvania Scenic Rivers Act.
(5) A water obstruction or encroachment
						  located in, along, across or projecting into a wetland or impoundment,
						  constructed and maintained for the purpose of treating acid mine drainage,
						  sewage or other waste, if the wetland or impoundment is a treatment facility
						  constructed under a valid permit issued by the Department under the Surface
						  Mining Conservation and Reclamation Act (52 P. S.
						  §§
															1396.1-1396.31), The Clean
						  Streams Law (35 P. S. §§
															691.1-691.1001), the Noncoal Surface Mining
						  Conservation and Reclamation Act (52 P. S. §§
															3301-3326), the Solid Waste Management Act
						  (35
						  P. S. §§
															6018.101-6018.1003), the
						  Oil and Gas Act (58 P. S. §§
															601.101-601.605) and the Pennsylvania Sewage
						  Facilities Act (35 P. S. §§
															750.1-750.20).
(6) A water obstruction or encroachment
						  located in, along, across or projecting into a stormwater management facility
						  or an erosion and sedimentation pollution control facility which meets the
						  requirements in Chapter 102 (relating to erosion and sediment control), if the
						  facility was constructed and continues to be maintained for the designated
						  purpose.
(7) Maintenance of field
						  drainage systems that were constructed and continue to be used for crop
						  production. Crop production includes:
(i)
						  Plowing, cultivating, seeding, grazing or harvesting.
(ii) Crop rotation.
(iii) Government set aside
						  programs.
(8) Plowing,
						  cultivating, seeding or harvesting for crop production.
(9) Construction and maintenance of ford
						  crossings of streams for individual private personal use which require only
						  grading of banks for approach roads and the placement of not more than 12
						  inches of gravel for roadway stability. Fords may not be used for commercial
						  purposes and shall cross the regulated waters of this Commonwealth in the most
						  direct manner. This waiver does not apply in exceptional value streams as
						  listed under Chapter 93 (relating to water quality standards) or in wild trout
						  streams.
(10) A navigational aid or
						  marker, buoy, float, ramp or other device or structure for which a permit has
						  been issued by the Fish and Boat Commission under
						  30 Pa.C.S. §
															5123(a)(7) (relating to
						  general boating regulations).
(11)
						  The removal of abandoned dams, water obstructions and encroachments if the
						  Department determines in writing on the basis of data, information or plans
						  submitted by the applicant that the removal of the abandoned dam water
						  obstruction or encroachment cannot imperil life or property, have significant
						  effect on coastal resources or have an adverse impact on the environment, and
						  the plans provide for restoration and stabilization of the project
						  area.
(12) The construction,
						  operation or removal of staff gages, water recording devices, water quality
						  testing devices, including, but not limited to, sensors, intake tubes, weirs
						  and small buildings which contain required instruments and similar scientific
						  structures.
(13) A bridge or
						  culvert purchased from an operating railroad company subsequent to the
						  abandonment of the railroad line, track, spur or branch pursuant to the
						  approval of the Interstate Commerce Commission. Major maintenance or
						  reconstruction, or stream dredging may not be undertaken until the new owner
						  obtains a permit under this chapter.
(14) The maintenance of an artificial pond or
						  reservoir to its original storage capacity where:
(i) The contributory drainage area is less
						  than or equal to 100 acres.
(ii)
						  The greatest depth of water at maximum storage elevation is less than or equal
						  to 15 feet.
(iii) The impounding
						  capacity at maximum storage elevation is less than or equal to 50 acre
						  feet.
(15) The
						  construction and maintenance of an encroachment or water obstruction on an
						  abandoned mining site, where the Department has issued a notice of intent to
						  forfeit the bond for a mining activity permitted after July 1982.
(16) Restoration activities undertaken and
						  conducted pursuant to a restoration plan which has been approved, in writing,
						  by the Department.