Do I need a permit to build a pond in Pennsylvania?

Big dams: the DEP dam permit. A DEP dam permit is needed for a dam across a stream or other watercourse if any one of these is true: the drainage area above it is more than 100 acres, the deepest water at the dam is more than 15 feet, or it can hold more than 50 acre-feet. A dam that is not on a watercourse and has no contributing drainage needs one only when the water is deeper than 15 feet and it also holds more than 50 acre-feet.

Checked Oct 4, 2026 · Source: 25 Pa. Code § 105.3, Scope This may be outdated

Small dams on a stream. 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Oct 4, 2026 · Source: Introduction to Ponds and Chapter 105 (FAQ: non-jurisdictional dam across a stream) This may be outdated

Dug ponds with no dam. A pond dug entirely below ground level, with no embankment, can still need DEP approval if it is dug into regulated waters such as a wetland or stream channel; in some situations no permit is needed.

Checked Oct 4, 2026 · Source: Introduction to Ponds and Chapter 105 This may be outdated

Wetlands. If wetlands may exist near a proposed pond or could be affected, DEP says a certified wetland consultant must be hired to identify and delineate the wetlands and watercourses and to prepare the Environmental Assessment. Wetland or stream impacts that cannot be avoided must be replaced (mitigated), which adds cost and time. Placing fill or dredged material in waters of the United States, including many wetlands, needs federal authorization under Section 404 of the Clean Water Act. In Pennsylvania the Army Corps and DEP share one joint application: under the Pennsylvania State Programmatic General Permit (PASPGP-7), DEP or a delegated county conservation district can issue both the state and the federal authorization in most cases, and forwards the rest to the Corps. PASPGP-7 runs until June 30, 2031.

Checked Oct 4, 2026 · Sources: Introduction to Ponds and Chapter 105 (Impacts to Water Resources; Mitigation); Pennsylvania State Programmatic General Permit-7 (PASPGP-7), Part I and Part VI (dated April 27, 2026) This may be outdated

Filling it from a stream. General Permit 4 (GP-4) covers intake and outfall structures in, along, across or projecting into regulated waters. It is not for High Quality or Exceptional Value waters or for wetlands. The registration fee in the regulation is $200. If your total withdrawal from a stream or other source in a watershed averages more than 10,000 gallons per day in any 30-day period, DEP's Chapter 110 rules require you to register the withdrawal and report use every year. Depending on the amount and purpose, the Susquehanna River Basin Commission or the Delaware River Basin Commission may also need to approve it, and a withdrawal may never dry up or degrade the water source.

Checked Oct 4, 2026 · Sources: Chapter 105 General Permits; fees from 25 Pa. Code § 105.13(c)(2); Water Withdrawal Registration & Reporting (25 Pa. Code Chapter 110) This may be outdated

Earthwork and digging. Any earth disturbance needs erosion and sediment control practices (BMPs). A written erosion and sediment control plan is required once the disturbance reaches 5,000 square feet (or if the work could discharge to a High Quality or Exceptional Value water), and it must be kept on site. Disturbing 1 acre or more generally needs an NPDES permit for construction stormwater. County conservation districts review these plans and may charge a review fee. If you will dig with powered equipment, Pennsylvania law requires notice to PA One Call (call 811 or file online) at least 3 and no more than 10 business days before digging, and this applies to homeowners on their own land. Work may not start before the third business day after notice; weekends and legal holidays do not count. The service is free for homeowners. A contractor must make its own call: ask for its PA One Call serial number.

Checked Oct 4, 2026 · Sources: Frequently Asked Questions: Erosion and Sediment Control (rev. Aug 12, 2026), FAQ #5; PA One Call: Homeowner FAQs; PA Act 287 as amended This may be outdated

Who to call first. Before building a new pond, contact your county conservation district and the local USDA Natural Resources Conservation Service office early: Penn State calls NRCS one of the first contacts (soils, siting, feasibility) and the conservation district a must-visit for erosion and earth-moving requirements. PFBC calls the conservation district "the first stop", and DEP suggests calling DEP to learn which authorizations apply. DEP does not give advice or help with pond design or construction methods; it suggests calling DEP first to learn which authorizations apply.

Checked Oct 4, 2026 · Sources: Pond Agencies and Permits in Pennsylvania (updated May 19, 2025); Introduction to Ponds and Chapter 105 This may be outdated

After it's built. Your new pond is a regulated water of the Commonwealth, so docks, stocking, chemical treatment and drawdowns all follow the rules on this site's other guides.

Your township, too. Your county, township or municipal government may have its own rules, codes or permits for pond construction or maintenance, so check with every level of local government before you start, especially for a new pond.

Checked Oct 4, 2026 · Source: Pond Agencies and Permits in Pennsylvania: Local Government (updated May 19, 2025) This may be outdated