Regulatory Program - Pennsylvania

Pennsylvania regulatory boundary for U.S. Army Corps of Engineers, Pittsburgh District.

Regulatory Boundary for Pennsylvania

Pennsylvania regulatory boundary for U.S. Army Corps of Engineers, Pittsburgh District.

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VIRIN: 240903-F-IQ439-001

What We Do

We help protect wetlands and waterways by reviewing and approving projects that might impact areas within Pennsylvania, Pittsburgh District. Permits are filed jointly with the Pennsylvania Department of Environmental Protection (PADEP).

Authorities

• Section 10 of the Rivers & Harbors Act: All work in, over, or under navigable water requires authorization.
• Section 404 of the Clean Water Act: All discharges of dredged or fill material into waters of the U.S. (generally lakes, rivers, streams, wetlands, etc.) require authorization.

Types of Permits

• Pennsylvania State Programmatic General Permit-6 (PASPGP-6):  PASPGP-6 authorizes work in waters of the United States within portions of Pennsylvania that have no more than minimal adverse environmental effects, individually and cumulatively, subject to the permit’s specific terms and conditions.  This programmatic general permit operates in conjunction with the PADEP state regulatory program that protects the aquatic environment in a manner equivalent to the Department of the Army regulatory program. PASPGP-6 became effective July 1, 2021, and will expire June 30, 2026. Request a copy of the permit.
• Nationwide Permits:  Nationwide Permits (NWPs) are general permits issued on a nationwide basis to authorize minor activities with minimal evaluation time. NWPs have been established to reduce the regulatory reporting burden for specific activities that have no more than minimal impacts to the aquatic environment. Request a copy of the Regional Conditions for Nationwide Permits in Pennsylvania.
• Letter of Permission: A USACE Pittsburgh District Letter of Permission is available for private recreational boat docks in Navigable Waters. 
• Standard Individual Department of the Army Permit: Individual Permits (IPs) are generally reserved for projects with potential for substantial environmental impacts. An IP requires a full public interest review, including public notices and coordination with involved agencies, interested parties and the general public.

Tips for a Smooth Process

• Find the Right Office: Regulatory boundaries are drawn by a combination of state, county, and watershed. Pinpoint your project's location with the USACE Regulatory Boundary Map to confirm the correct servicing district.
• Start Early: Contact us during your planning stage BEFORE submitting an application. We can help guide you. It is also recommended that you contact PADEP.
• Pre-Application Meetings: Pre-application meetings are optional, but highly recommended to understand requirements before submitting. Schedule a pre-application meeting.
• Common Mistakes: Double-check your submission to ensure all parts are complete. See the joint permit application instructions to verify your application is complete.

Apply for a Pittsburgh District Pennsylvania Permit

What Happens Next?

• Check Permit Status: If you've applied for a permit, you should have received a file number (e.g., LRP-20XX-0XXXX) and a project manager will contact you. If not, provide the file number (if known), project location, and applicant’s name, and email the appropriate district for a status update.
• When Calling a District: Leave a detailed voicemail and expect a response within two business days.

Potential Additional Coordination Requirements

Projects Along the Great Lakes Coastal Zone

The coastal zone extends about 1,000 feet inland from the shoreline along Lake Erie. Projects affecting this area must comply with Pennsylvania’s Coastal Zone Management Program (CZMP). You can find more information and tools on the PADEP website.

Other Coastal Information

• Living on the Coast

Endangered Species

The preliminary effect to threatened and endangered species should be evaluated using the Pennsylvania Natural diversity Inventory (PNDI). Potential species effects are further coordinated with the U.S. Fish and Wildlife Pennsylvania Field Office.

Historic Properties

We must coordinate with the PA State Historic Preservation Office for projects that may impact historic properties.  Applicants can request a preliminary review through the PA-SHARE website.

Mitigation Requirements

Applicants must describe how they will avoid, minimize, and compensate for impacts to U.S. waters. Mitigation is typically required for permanent wetland losses over 0.1 acres and stream losses over 0.03 acres.  Mitigation requirements will be evaluated on a case-by-case basis.

• Additional information on mitigation

Jurisdictional Determinations

The identification and location of jurisdictional waters of the United States, including wetlands, regulated by the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act and Sections 9 and 10 of the Rivers and Harbors Act, is determined through a process known as a Jurisdictional Determination (JD). The Corps uses a multi-parameter approach defined in the Corps' Wetland Delineation Manual, dated January 1987, and supplemental guidance (including Regional Supplements) when making wetland determinations.

On 18 January 2023, the U.S. Environmental Protection Agency and the U.S. Department of the Army (“the agencies”) published a regulation in the Federal Register revising the definition of waters of the United States (2023 Rule). The 2023 Rule became effective on 20 March 2023.

• Additional updates on the "waters of the United States" definition and other specific information regarding JDs may be found here.
• Requests for JDs may be submitted through the Regulatory Request System.
• For final determinations, search the National Permitting and Jurisdiction Database. Email the district your application was submitted to for pending request updates.

Section 10 Navigable Waterways

Pittsburgh District