Program Updates
- Funding Availability
The FY 2024-2025 state budget included funding for DEP to award to counties to partially reimburse them for the costs associated with developing or revising stormwater management plans ("Act 167 Plans"). In accordance with the requirements of 25 Pa. Code Chapter 111, funding for Act 167 Plan development or revision is provided in two phases.
Funding for Phase I, the development of an Act 167 Plan "Scope of Study," will be included within the 2025 Growing Greener Plus grant application. The required components for a Phase 1 scope of study are listed in 25 Pa. Code § 111.14. Guidance for applying for Phase 1 funding is found within the Growing Greener Plus Grant Guidance.
The application period for Phase II, funding for Act 167 Plan development or revision, will be announced at a later date. When available, the link to the Phase II application will be posted to this website. In order to be eligible to apply for Phase II funding, counties must complete a Phase I scope of study consistent with the requirements of 25 Pa. Code § 111.14.
Background
The Pennsylvania Stormwater Management Act of 1978, or Act 167, required that within two years following the promulgation of guidelines by DEP, each county must prepare and adopt a watershed stormwater management plan (“Act 167 Plan”) for each watershed located in the county as designated by DEP, in consultation with the municipalities located within each watershed, and must periodically review and revise such plans at least every five years.
Act 167 Plan Approval Process
Counties must submit the plans to DEP for approval, and municipalities must enact ordinances or regulations consistent with the plans. DEP’s review process is explained in its Standard Operating Procedure (SOP) for Review of Act 167 Stormwater Management Plans. Counties should include DEP’s Act 167 Plan Cover Sheet (Word) | (PDF) with any new or revised Act 167 Plan submitted to DEP.
After adoption and approval of an Act 167 Plan, the location, design and construction of stormwater management systems, obstructions, flood control projects, subdivisions and major land developments, highways and transportation facilities, public utility services and facilities owned or financed in whole or in part by funds from the commonwealth within the watershed must be conducted in a manner consistent with the stormwater management plan.
Counties that are interested in developing or updating Act 167 Plans should contact the appropriate DEP regional office. Please refer to DEP’s list of Act 167 contacts. General questions can be directed to the Bureau of Clean Water at RA-EPPAMS4@pa.gov.
Counties are responsible for the preparation, enactment, implementation, administration, and enforcement of Act 167 Plans, and for obtaining the necessary financial support. Under Section 17 of Act 167, DEP is authorized to administer grants to municipalities and counties to provide reimbursement for up to 75% of the allowable costs associated with the preparation or update of an Act 167 Plan and for the administrative, enforcement, and implementation costs incurred by the county or municipalities.
Funding Availability
Act 167 grants and reimbursements are available when funds are appropriated by the General Assembly for such purposes. The FY 2024-2025 state budget included $2M in annual funding for DEP to administer through grants and reimbursements to municipalities and counties for the development or update of Act 167 Plans.
Funding for Counties
DEP’s execution of grant agreements with counties for preparation or revision of Act 167 Plans is governed by 25 Pa. Code Chapter 111. Grant agreements specify that the county prepare the Act 167 plan or revision in at least two phases. Phase I includes the preparation and submission by the county of a scope of study under 25 Pa. Code § 111.14 for review and approval by DEP. After the approval of Phase I, DEP will have the discretion to authorize the county to prepare Phase II, consisting of a detailed watershed stormwater plan or revision and other phases that may be required, based on the level of effort and cost approved in the scope of study.
The application to apply for Phase 1 funding, the development of an Act 167 Plan scope of study, is included as part of the Growing Greener Plus grant program. The required components for a Phase 1 scope of study are listed in 25 Pa. Code § 111.14. Guidance for applying for Phase 1 funding is found within the Growing Greener Plus grant guidance.
The application period for funding for Phase II, Act 167 Plan development or revision, will be announced at a later date. When available, the link to the Phase II application will be posted to this website. In order to be eligible to apply for Phase II funding, counties must complete a Phase I scope of study consistent with the requirements of 25 Pa. Code § 111.14.
Funding for Municipalities
After a new or updated Act 167 Plan has been adopted by a county, the municipalities within the county must adopt and implement local ordinances to regulate land development in a manner that is consistent with the Act 167 Plan.
When funding is available, municipalities located within counties with current and approved by DEP, Act 167 Plans may request annual reimbursement for eligible expenses incurred in the adoption or revision of ordinances or regulations and other actual administrative, enforcement and implementation costs incurred in complying with the Act 167 Plan. Costs eligible for reimbursement are listed in 25 Pa. Code § 111.23.
Only municipalities that have enacted a stormwater ordinance that is consistent with a model ordinance contained in a current and approved Act 167 Plan are eligible for reimbursement. Municipalities updating ordinances independent of a county Act 167 Plan or plan update are not eligible for municipal reimbursements. The cap for reimbursement of allowable costs by eligible municipalities is $9,999 per year and is subject to the availability of funds.
Submission of a grant application is not necessary for municipalities to obtain reimbursement for eligible expenses. Starting on January 1, 2025, municipalities may submit applications for reimbursement for the prior calendar year up to March 31st of each year. A sample municipal reimbursement form (3850-FM-BPMPSM0059) and instructions are available in eLibrary. The sample municipal reimbursement form is for informational purposes only and may not be used to submit a reimbursement application. All applications for municipal reimbursements must be submitted online through the Pennsylvania Electronic Single Application (ESA) system.
Traininig
A web-based training course with information on Act 167 and guidance on the topics that must be included in an Act 167 Plan is available in DEP’s Clean Water Academy.
Guidance
The Act 167 Frequently Asked Questions (FAQ) document provides general information on the Act 167 Program and was developed to assist counties and the public in understanding the requirements of Act 167. Periodic updates to the FAQ are published as needed.
Current Act 167 Plans
In order for an Act 167 Plan to be considered current, the Plan must have been developed or updated in the last five years. The following plans have been approved by DEP and are current:
Monroe County
Persons interested in viewing other Act 167 Plans should contact their local county planning commission.
The status of Act 167 Plans across Pennsylvania is shown in the figure below.
In order for an Act 167 Plan to be considered current, it must have been approved within the last five years. More detailed information on Act 167 Plan approval dates can be obtained by clicking the following link: Act 167 List.