DEP Briefing: Overview Of Draft Chapter 105 Changes Highlighting New Waivers, Replacement Of Impacted Resources, Stream Debris Maintenance

On November 4, the Department of Environmental Protection did an extensive presentation to the Water Resources Advisory Committee on draft changes to Chapter 105 permitting regulations.

Domenic Rocco, Director of the Bureau of Waterways Engineering and Wetlands, provided a detailed section by section review of the changes pointing to three areas in particular--

-- Permit waivers, some of which need notice to DEP and others that do not;

-- Replacement of impact resources, like wetlands; and

-- Stream debris maintenance (a new concept).

Major revisions are proposed to waive Chapter 105 permit requirements for a whole series of activities in Section 105.12, subject to certain restrictions in certain locations.

Among the proposed waivers are-

-- A variety of farm conservation practices

-- Recreation, trails, private recreational docks and similar structures

-- Placement, maintenance and removal of temporary mats and pads protecting wetlands

-- Removal of debris projecting into a stream after a storm event

-- Encroachments related to plugging orphan or abandoned wells under contract or grant agreements

-- Certain dam removals.

To better understand the changes and why DEP is proposing them, PA Environment Digest is making an audio recording of Domenic Rocco’s presentation to the Committee available to the public.

Click Here for audio of Rocco’s presentation. [1 hour, 14 minutes]

Also available to follow along with the audio file are--

Click Here for DEP’s Presentation Slides on the Draft Changes

Click Here for the Draft Regulation Changes.

Rocco noted DEP is at the beginning of the regulatory development process and will be making presentations to the Agricultural Advisory Board [December 3] and other DEP groups on the draft changes.

Previous Attempt

DEP started a process to revise the regulations in 2020. It resulted in publishing changes to Chapter 105 in the PA Bulletin on December 5, 2020 for public comment.

Significant comments were received on the regulation, including from the House Environmental Committee and forwarded to the Independent Regulatory Review Commission for consideration.

The two-year deadline for finalizing that version of the regulation expired on February 3, 2023 before DEP completed the package and it was never submitted to the IRRC for review.

Visit the DEP Water Resources Advisory Committee webpage for more information.  Questions should be directed to: Robert Haines at 717-787-7565 or robhaines@pa.gov.

[Posted: November 4, 2026]  PA Environment Digest