frequently ASKED QUESTIONS
(See Answers below)
Working in a stream (click here to see DEP factsheet)
Is there funding available to help fix my stream?
How do I know if my property has wetlands?
How close to the stream can I get without a permit?
What is the definition of Floodplain and Floodway?
What are Regulated Waters of the Commonwealth?
What are Special Protection Waters?
Is there funding available to help fix my stream?
Normally, there are little or no public funds available to repair streams on private property. Sometimes after a severe flood, some special funds can be made available for emergency work to protect buildings and other structural improvements. Money to clean streams not directly impacting structures has not been available after recent floods. In the event you do experience damage as a result of a major flood, contact your Township supervisors, County Commissioners, or County Conservation District to see if funds have been made available and to be put on a list in the event that funding is made available.
How do I know if my property has wetlands?
We are often asked to see if a property is on a wetland list. Unfortunately, a master list does not exist that can be used to determine the location of wetlands. There are maps that show large open water bodies and major wetlands, but not being shown on that map does not mean wetlands are not present. The only way to determine if wetlands exist on a site is to conduct an on site investigation. The wetland section in this website includes fact sheets that list some indicators that can use to determine the potential for wetlands. In critical cases, it may be necessary to bring in a professional to make the final determination and to establish the wetland boundaries.
How close to the stream can I get without a permit?
The State of Pennsylvania through DEP regulates work in and along streams. DEP normally requires a permit for work in the stream or the portion of the floodplain that has been identified as floodway in the official flood study done for the Township. In areas where the floodway has not been identified, DEP assumes the floodway extends 50 feet from the top of bank on each side of the stream unless evidence is available to the contrary. One example of acceptable evidence could be an extremely high bank on one side of the stream that extends well above the floodplain.
In addition to the State regulation of the floodway, work in the 100 year floodplain is often regulated by the Township under its FEMA flood program. Contact your local Township officials to see what regulations might be in place before doing any filling or construction in the floodplain.
What is the definition of Floodplain and Floodway?
The floodplain is defined as the lands adjoining a river or stream that have been or may be expected to be inundated by flood waters in a given (usually the 100 year) frequency flood.
The Floodway is the channel and adjoining portions of the floodplain which are reasonably required to carry and discharge the flood. The boundaries of floodplains and floodways are as indicated on maps and flood insurance studies provide by FEMA. In areas where no FEMA maps or studies have defined the 100 year frequency floodway, it is assumed, absent evidence to the contrary, that the floodway is assumed to extend from the stream to 50 feet out from the top of the bank of the stream.
FEMA Maps of the floodplain are often available from local township officials, the County Planning Commission, and are available on the internet at:
http://msc.fema.gov/portal
What are Regulated Waters of the Commonwealth?
Chapter 105 regulations define this as any watercourse, stream or bodies of waters and their floodways.
A watercourse is defined as channel or conveyance of surface water with defined bed and bank, whether natural or artificial, with perennial or intermittent flow. This means that any ditch or drainage way that has a definable bottom and sides has the potential to be regulated. Often DEP does not regulate watercourses that are strictly stormwater runoff channels but the final call is up to DEP.
A body of water is any artificial or natural lake, pond, reservoir, swamp, marsh, or wetland.
Call the Conservation District or DEP if you need assistance in determining if a proposed activity is regulated.
What are Special Protection Waters?
All streams and waterbodies in the State have been assessed and classified according to current water quality and use. Special protection waters are those streams that have the highest water quality and meet other criteria. It has been determined that these areas should be protected to a greater degree to assure that degradation, which is the lowering of water quality, does not occur. There are two classifications of Special Protections Streams.
High Quality Waters - This is a stream or watershed which has excellent quality waters and environmental or other features that require special water quality protection.
Exceptional Values Waters - This is defined as a stream or watershed which constitutes and outstanding national, State, regional or local resource, such as waters of national, State, or county parks or forests; or waters which are used as a source of unfiltered potable water supply, or waters of wildlife refuges, or State game lands, or waters which have been characterized by the Fish Commission as “Wilderness Trout Stream” and other waters of substantial recreational or ecological significance.
Exceptional Value Wetlands - In addition to the Special Protection streams, DEP Regulations also recognize several types of wetlands as having a high value that should be protected to a greater level. In Columbia County, the main group of these specially protected wetlands includes any wetland located in or along the floodplain of a reach of a wild trout stream or a water listed as an exceptional value stream. This also includes wetlands in the floodplain of any stream tributary to them.
Most DEP permits and regulations address the need to protect these waters by requiring additional requirements and controls to be used in any project located in these watersheds. In addition, some projects or the use of some general permits may not be allowed in specific Special Protection Waters. Contact the Conservation District or DEP for assistance with these requirements.
Is there funding available to help fix my stream?
How do I know if my property has wetlands?
How close to the stream can I get without a permit?
What is the definition of Floodplain and Floodway?
What are Regulated Waters of the Commonwealth?
What are Special Protection Waters?
Is there funding available to help fix my stream?
Normally, there are little or no public funds available to repair streams on private property. Sometimes after a severe flood, some special funds can be made available for emergency work to protect buildings and other structural improvements. Money to clean streams not directly impacting structures has not been available after recent floods. In the event you do experience damage as a result of a major flood, contact your Township supervisors, County Commissioners, or County Conservation District to see if funds have been made available and to be put on a list in the event that funding is made available.
How do I know if my property has wetlands?
We are often asked to see if a property is on a wetland list. Unfortunately, a master list does not exist that can be used to determine the location of wetlands. There are maps that show large open water bodies and major wetlands, but not being shown on that map does not mean wetlands are not present. The only way to determine if wetlands exist on a site is to conduct an on site investigation. The wetland section in this website includes fact sheets that list some indicators that can use to determine the potential for wetlands. In critical cases, it may be necessary to bring in a professional to make the final determination and to establish the wetland boundaries.
How close to the stream can I get without a permit?
The State of Pennsylvania through DEP regulates work in and along streams. DEP normally requires a permit for work in the stream or the portion of the floodplain that has been identified as floodway in the official flood study done for the Township. In areas where the floodway has not been identified, DEP assumes the floodway extends 50 feet from the top of bank on each side of the stream unless evidence is available to the contrary. One example of acceptable evidence could be an extremely high bank on one side of the stream that extends well above the floodplain.
In addition to the State regulation of the floodway, work in the 100 year floodplain is often regulated by the Township under its FEMA flood program. Contact your local Township officials to see what regulations might be in place before doing any filling or construction in the floodplain.
What is the definition of Floodplain and Floodway?
The floodplain is defined as the lands adjoining a river or stream that have been or may be expected to be inundated by flood waters in a given (usually the 100 year) frequency flood.
The Floodway is the channel and adjoining portions of the floodplain which are reasonably required to carry and discharge the flood. The boundaries of floodplains and floodways are as indicated on maps and flood insurance studies provide by FEMA. In areas where no FEMA maps or studies have defined the 100 year frequency floodway, it is assumed, absent evidence to the contrary, that the floodway is assumed to extend from the stream to 50 feet out from the top of the bank of the stream.
FEMA Maps of the floodplain are often available from local township officials, the County Planning Commission, and are available on the internet at:
http://msc.fema.gov/portal
What are Regulated Waters of the Commonwealth?
Chapter 105 regulations define this as any watercourse, stream or bodies of waters and their floodways.
A watercourse is defined as channel or conveyance of surface water with defined bed and bank, whether natural or artificial, with perennial or intermittent flow. This means that any ditch or drainage way that has a definable bottom and sides has the potential to be regulated. Often DEP does not regulate watercourses that are strictly stormwater runoff channels but the final call is up to DEP.
A body of water is any artificial or natural lake, pond, reservoir, swamp, marsh, or wetland.
Call the Conservation District or DEP if you need assistance in determining if a proposed activity is regulated.
What are Special Protection Waters?
All streams and waterbodies in the State have been assessed and classified according to current water quality and use. Special protection waters are those streams that have the highest water quality and meet other criteria. It has been determined that these areas should be protected to a greater degree to assure that degradation, which is the lowering of water quality, does not occur. There are two classifications of Special Protections Streams.
High Quality Waters - This is a stream or watershed which has excellent quality waters and environmental or other features that require special water quality protection.
Exceptional Values Waters - This is defined as a stream or watershed which constitutes and outstanding national, State, regional or local resource, such as waters of national, State, or county parks or forests; or waters which are used as a source of unfiltered potable water supply, or waters of wildlife refuges, or State game lands, or waters which have been characterized by the Fish Commission as “Wilderness Trout Stream” and other waters of substantial recreational or ecological significance.
Exceptional Value Wetlands - In addition to the Special Protection streams, DEP Regulations also recognize several types of wetlands as having a high value that should be protected to a greater level. In Columbia County, the main group of these specially protected wetlands includes any wetland located in or along the floodplain of a reach of a wild trout stream or a water listed as an exceptional value stream. This also includes wetlands in the floodplain of any stream tributary to them.
Most DEP permits and regulations address the need to protect these waters by requiring additional requirements and controls to be used in any project located in these watersheds. In addition, some projects or the use of some general permits may not be allowed in specific Special Protection Waters. Contact the Conservation District or DEP for assistance with these requirements.