Small dam across a stream: permit or Environmental Assessment
DEP regional office
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. For a non-jurisdictional dam across a stream, DEP's pond page lists a $500 Environmental Assessment review fee, and water obstruction and encroachment permit fees of $1,750 plus $800 for every tenth of an acre of permanent disturbance to waters and $400 for every tenth of an acre of temporary disturbance, before engineering, consulting and mitigation costs. The fee schedule in the regulation (25 Pa. Code § 105.13) controls: confirm the exact fee with DEP.
Checked Oct 4, 2026 · Source: Introduction to Ponds and Chapter 105 (FAQ: non-jurisdictional dam across a stream) This may be outdated