Off-stream pond: usually no Chapter 105 approval
DEP
A pond dam below the dam-permit thresholds still needs a water obstruction and encroachment permit, or DEP approval of an Environmental Assessment, if it crosses or affects a stream, affects a wetland, or excavates or floods a stream or wetland. DEP strongly discourages ponds built on streams or in wetlands. A pond built away from streams, and not in a floodway, wetland or other body of water, needs no Chapter 105 approval (unless its dam meets the dam-permit thresholds), but a pipe or channel bringing stream water to it may need a permit such as General Permit 4. Once built, every pond is a regulated water of the Commonwealth.
Checked Oct 4, 2026 · Source: Introduction to Ponds and Chapter 105 This may be outdated