The Department may issue emergency Chapter 105 water obstruction and encroachment permits for activities which are necessary to alleviate an imminent threat to life, property, or the environment. Emergency Permits are issued by DEP upon request.
DEP can issue an emergency permit as fast as the same day it is notified in many situations.
See the Storm and Flooding Information webpage for additional information.
See also the Guidelines for Maintaining Streams in Your Community.
How to Obtain an Emergency Permit
There is no application for emergency permits.
Process: Call DEP to explain the concern, threat, or emergency situation and DEP will evaluate the situation. If you are ready to perform work that day, DEP can work with you to visit the site and issue the Emergency Permit in the field. Alternatively, DEP can issue the permit digitally via e-mail as appropriate.
To find the appropriate DEP office to contact, see our Contact Page. Note: County Conservation Districts cannot issue emergency permits.
DEP strongly encourages taking photographs so you can provide DEP staff with a better understanding of the emergency situation to help speed the processing of the permit. In addition, knowing what work you are specifically going to perform is also necessary for DEP to issue the Emergency Permit.
See the Frequently Asked Questions below for more helpful information.
Federal 404 and Section 10 Authorization: As part of DEP’s one-stop-shop process with the U.S. Army Corps of Engineers, in most cases DEP can issue the federal authorization with the DEP Emergency Permit in the form of the Pennsylvania State Programmatic General Permit. When this is not possible, the information is forwarded on to the Army Corps of Engineers for their authorization.
Emergency Permits and Storm and Flooding Events
When large storm events impact Pennsylvania, DEP prepares and ensures its staff are made available for issuance of emergency permits. This can include work outside of normal business hours as necessary. In past storm event recovery, DEP has sometimes initiated on-site locations for the public to come and speak with DEP and potentially obtain emergency permits.
Not every action must have an emergency permit either. Some things like woody debris can be removed without a permit provided equipment does not enter the stream. See the Storm and Flooding Information Page for more info.
Need help determining if permits or other regulatory requirements from DEP are required for bridge and culvert maintenance and repair? DEP’s Bridge and Culvert Maintenance & Repair Tool is an online interactive tool designed to assist bridge and culvert owners in determining what, if any, permit and notification requirements are needed for bridge and culvert maintenance and repair. By answering questions about the bridge and culvert, the nature of the proposed work, and to avoid delays the tool will direct you on how to move forward with your project.
Sinkhole
Frequently Asked Questions About Emergency Permits
Answer: An emergency permit can be obtained as fast as the same day you call DEP in some situations. However, often times owners need a small amount of time to figure out what exactly they are going to do to rectify the emergency situation. It is recommended you contact DEP as soon as possible to at least brief them on the situation and discuss what you are hoping to do. This way when you know how you want to proceed, DEP will be able to assist you more quickly.
Answer: There is no form for the public or a consultant to submit to DEP. Owners should call DEP to request an emergency permit and DEP will work with the owner on the best path forward and can issue an emergency permit to the owner.
Answer: Emergency permits are meant to alleviate imment threats. An application process or form to submit to DEP is contrary to that goal and would not serve in meeting the scope and purpose of Chapter 105 and the Dam Safety and Encroachment Act. Therefore, emergency permits are designed to be field issued or quickly issued via e-mail as appropriate.
Answer: No. Owners do not need to run a PNDI Search themselves for emergency permits. DEP may do some PNDI screening on its end and discuss that with you as part of the emergency permit process. However, if you already have a PNDI search please provide that to DEP when you contact them to help expedite the process.
Answer: No. Owners are not required to hire consultants. However, depending on the nature of what you are proposing to do, an owner may choose to utilize a consultant to assist with designing permanent or temporary replacement structures such as culverts or bridges.
Answer: Emergency permits are issued for alleviate imminent threats to life, property or the environment. There is no clear definition of what all emergency situations are as each situation, scenario, and site details are unique. Each situation is individually evaluated.
Answer: Basic Information such as owner name, address, phone number, e-mail, and site location. Additional information may be needed if being issued from the office as opposed to being issued in the field; including photographs, proposed plan, etc. as well. Owners are encouraged to provide as much of this to DEP right away.
Answer: Most water obstructions and encroachments which need emergency repair or replacement work take a few days to weeks to assemble materials and occur. If a situation is an imminent threat to public health or safety and work needs to be performed immediately then please contact DEP’s 24 hour emergency response number.
Answer: There are many things that can be done, such as providing color photographs, knowing what proposed work you want to do and being responsive to calls and e-mails. In addition, if you have a site plan already, providing that information early can speed the process. Also, keep good and open communication with DEP.
Answer: The permittee (the person who obtains the permit) is the owner or person who has primary responsibility for the water obstruction and encroachment. For example, the municipality is the permittee for the municipal bridge that needs repaired.
Answer: Chapter 105 emergency permits are valid for 60 days from the effective date. Upon request, DEP may issue an extension to this expiration in writing.
Answer: There is no cost for an emergency permit.
Answer: Typically, no. Most likely DEP will be able to issue both state and federal permits. However, if DEP is unable to issue both the request will be sent to the U.S. Army Corps of Engineers, and this will be communicated to owners.
Answer: Possibly. Depending on the nature of the work authorized an “after-the-fact” permit may be required. DEP may condition the emergency permit accordingly.
Water Obstructions and Encroachments are required to have permits be operated and maintained. Those permits give the permittees the ability to perform normal maintenance. For example: an emergency permit to replace a road culvert with a different size may require an after-the-fact permit for the operation and maintenance of the structure replaced under the emergency permit when this is issued. The owner is both able to and required to perform normal maintenance.
Answer: Call DEP immediately to discuss the changes. DEP will be able to help you through any possible changes or new emergency permits you may need in a timely manner.
Answer: Occasionally. The emergency permit process is streamlined and simple because it is for imminent threats. Not all situations may warrant an emergency permit. DEP also works with owners to find the best permitting avenue. For example, a structure where a permit application for replacement was nearly complete before it collapsed, DEP may be able to work with the owner to expedite the application in-lieu of an emergency permit which may require a follow-up after-the-fact permit.
Answer: Woody debris does not need a permit for removal as long as equipment is not used in the stream.
Gravel or other sediment deposits do require a permit for it to be removed from the stream. Owners of bridges and culverts which have a water obstruction and encroachment permit can maintain the structure per the conditions of their permit in accordance with DEP’s Standards for Channel Cleaning at Bridges and Culverts.
Also, see other resources on storm and flooding and other documents.
Answer: Owners of bridges and culverts which have a water obstruction and encroachment permit, except for emergency permits, can maintain the structure per the conditions of their permit in accordance with DEP’s Standards for Channel Cleaning at Bridges and Culverts. All water obstruction and encroachment permits under Chapter 105 include authorization for operation and maintenance.
However, if the bridge or culvert does not have a valid water obstruction and encroachment permit, a permit is required for the operation and maintenance of the structure. In fact, requiring normal maintenance to be performed by owners of bridges and culverts is one purpose of requiring a permit.
Also, see other resources on storm and flooding and other documents.
Answer: Yes. In most cases, DEP will provide the owner with Erosion and Sediment Control Guidelines for emergency situations required as a condition of the emergency permit. Owners are required to implement a plan and erosion and sediment control Best Management Practices.
Answer: No. Emergency permits are only issued by DEP. One exception to this is the Bradford County Pilot Program for emergency permits for streams rehabilitation/reconstruction. For more information on this contact the Bradford County Conservation District.
Answer: No that is not approval, and performing regulated activities which require a permit without one is a violation. If you are unsure if something requires a permit, you should contact DEP.
Answer: DEP does not implement funding for disasters so you should contact the Federal Emergency Management Agency (FEMA), the Pennsylvania Emergency Management Agency (PEMA), or other agency providing funding. However, DEP is aware that many disaster assistance funds (Such as those from FEMA) may require proof of a permit or application or a permit when one is required.