Pennsylvania rulebook
The environmental and land-use rules Pennsylvania projects meet, with status and the official citation. Federal rules that reach Pennsylvania projects are included and marked Federal. Subscribers see who each rule covers, what it requires, how long it takes, the penalties and every date ahead.
Air, energy and climate
Air general permits for generators and boilers
Low impact
Pre-written DEP air permits that let standard equipment, such as emergency generators and gas boilers, skip an individual plan approval. GP-9 covers diesel engines; GP-1 covers small gas and No. 2 oil boilers.
25 Pa. Code Ch. 127; DEP GP-1, GP-9, GP-11, GP-16 · PA DEP · checked Oct 5, 2026
Air plan approvals and operating permits
Medium impactChanges pending
DEP must approve in advance the construction or change of most air pollution sources, then issue an operating permit. Small or minor sources may be exempt; DEP confirms by Request for Determination.
35 P.S. § 4001 et seq.; 25 Pa. Code Ch. 127 · PA DEP · checked Oct 6, 2026
Area designations under the 2024 annual fine-particle (PM2.5) standard
High impactFederalProposed
EPA is deciding which areas fail the 2024 annual PM2.5 standard of 9.0 micrograms per cubic meter. Final designations are due by February 6, 2027 under a court order. Pennsylvania recommended nonattainment for eight counties; EPA's letter to New Jersey names four South Jersey counties in the multi-state Philadelphia area. EPA told New York and Connecticut they have no affected monitors.
Clean Air Act § 107(d), 42 U.S.C. 7407(d); 91 Fed. Reg. 63516 (Oct. 6, 2026); Docket EPA-HQ-OAR-2024-0078 · US EPA · checked Oct 7, 2026
Data centre power, permit and reporting requirements
High impact
Since August 2026, data centres above 25 MW need local approvals before most DEP permits, plus a DEP consent agreement (GRID) for rolling review. Act 21 of 2026 adds annual energy and water reports. PUC tariff terms are voluntary.
EO 2026-05; Act 21 of 2026 (SB 146); PUC large-load order · PA DEP · checked Oct 6, 2026
Federal tax credit deadlines for wind and solar projects
High impactFederal
Under the 2025 budget law, wind and solar projects lose the clean electricity credits unless construction began by July 4, 2026 or they are placed in service by December 31, 2027. A federal court vacated the IRS notice limiting how construction can be shown (June 6, 2026), restoring the 5% safe harbor for now.
26 U.S.C. 45Y, 48E as amended by P.L. 119-21 · US Treasury and IRS · checked Oct 6, 2026
PUC siting of high-voltage transmission lines
High impact
A public utility needs PUC approval before building an overhead line above 100,000 volts. The PUC weighs need, safety and environmental impact after a hearing. Short or in-corridor lines can use a letter of notification.
66 Pa.C.S. § 501; 52 Pa. Code §§ 57.71-57.77 · PA PUC · checked Oct 5, 2026
Solar and battery storage siting, decommissioning, PJM
High impactChanges pending
Pennsylvania has no state siting board: municipalities zone solar and battery projects. Act 44 of 2026 adds state decommissioning security for solar above 2 MW from January 2027. Grid connection goes through PJM or the local utility.
Act 44 of 2026 (SB 349); 53 P.S. § 10101 et seq. (MPC) · Municipality · checked Oct 6, 2026
Building operations
Asbestos notice before demolition and renovation
Medium impactFederal
Before demolishing a commercial, industrial or multifamily building, and before renovations disturbing more than set amounts of regulated asbestos, the owner or operator must inspect for asbestos and notify the delegated state agency or EPA at least 10 working days in advance.
40 CFR 61.145 · US EPA, with delegated state agencies · checked Oct 6, 2026
Lead-safe renovation of pre-1978 housing and child-occupied buildings
Low impactFederal
Renovation, repair and painting that disturbs more than 6 square feet inside or 20 square feet outside in housing or child-occupied facilities built before 1978 must be done by EPA-certified firms using lead-safe work practices, with pre-renovation notice to occupants.
40 CFR Part 745, Subpart E · US EPA · checked Oct 6, 2026
Philadelphia building energy benchmarking and tune-ups
Low impact
Philadelphia requires large buildings to report energy and water use every year and large non-residential buildings to tune up, certify as high performance, or get an exemption every five years, on a staggered schedule.
Phila. Code Title 9; OOS BEPP regulations · City of Philadelphia · checked Oct 6, 2026
Cleanup and contamination
Act 2 land recycling cleanup standards
High impactChanges pending
Pennsylvania's voluntary and enforcement cleanup program. Meeting one of its cleanup standards, with public notice and DEP review, gives the person cleaning up a release of liability, including for later owners.
Act 2 of 1995 (35 P.S. § 6026.101); 25 Pa. Code Ch. 250 · PA DEP · checked Oct 6, 2026
Clean fill and regulated fill (Management of Fill)
Medium impact
DEP's policy on moving soil and fill between sites. Clean fill needs a signed FP-001 certification; fill affected by a release needs a general permit (WMGR096) or an Act 2 exception.
DEP policy 258-2182-773; Form FP-001; GP WMGR096 · PA DEP · checked Oct 5, 2026
Hazardous Sites Cleanup Act (HSCA)
High impact
Pennsylvania's state Superfund-type law. DEP can investigate and clean up releases of hazardous substances, then recover its costs from responsible persons, including current owners and operators of the site.
35 P.S. § 6020.101 et seq. (Act 108 of 1988) · PA DEP · checked Oct 5, 2026
Oil spill prevention plans for fuel storage (SPCC)
Low impactFederal
Facilities with more than 1,320 gallons of aboveground oil storage (counting containers of 55 gallons or more), or 42,000 gallons underground, that could reach waters must prepare and follow a Spill Prevention, Control and Countermeasure plan.
40 CFR Part 112 · US EPA · checked Oct 6, 2026
PFAS limits for land-applied biosolids (draft permits)
Medium impactProposed
DEP's draft renewals of the land-application general permits for biosolids and septage (PAG-07, PAG-08, PAG-09) would require wastewater plants to test biosolids for PFOA and PFOS, and those above set thresholds to plan reductions. Reported tiers would cut application rates or bar land application at the highest levels.
Draft general permits PAG-07, PAG-08 and PAG-09 (Pa. Bulletin, 4 July 2026) · PA DEP · checked Oct 6, 2026
PFOA and PFOS as federal hazardous substances
High impactFederal
Since July 8, 2024, PFOA and PFOS are CERCLA hazardous substances: releases of a pound or more in 24 hours must be reported, and owners can face federal cleanup liability. EPA kept the designation (September 2025) and the D.C. Circuit upheld it on August 18, 2026.
40 CFR 302.4; 89 FR 39124 · US EPA · checked Oct 6, 2026
Storage tank registration, installation and closure
Low impact
Regulates larger aboveground and underground tanks holding fuel or other regulated substances, including emergency generator tanks. Requires registration, DEP-certified installers, closure notice and site assessment, and cleanup of releases.
35 P.S. § 6021.101 et seq.; 25 Pa. Code Ch. 245 · PA DEP · checked Oct 5, 2026
Superfund liability and the buyer’s defence (All Appropriate Inquiries)
High impactFederal
Owners of contaminated property can be liable for federal cleanup costs. A buyer can protect itself as a bona fide prospective purchaser by completing All Appropriate Inquiries (a Phase I to ASTM E1527-21) before acquisition and meeting continuing obligations afterwards.
42 U.S.C. 9601(40), 9607(r); 40 CFR Part 312 · US EPA · checked Oct 6, 2026
Environmental review and justice
Act 14 notices; Acts 67/68 land-use consistency
Low impact
Applicants for covered DEP permits must notify the municipality and county, who may flag conflicts with local plans or zoning. Under Acts 67 and 68 of 2000, DEP considers those conflicts and can deny, condition or pause a permit.
71 P.S. § 510-5 (Act 14 of 1984); Acts 67, 68 of 2000 · PA DEP · checked Oct 5, 2026
DEP Environmental Justice Policy and PennEnviroScreen
Medium impact
DEP's final Environmental Justice Policy (3 Jan 2026) gives communities extra outreach and public participation on major permits within half a mile of a mapped EJ Area. It adds no permit deadline and no new regulation.
DEP Doc. 015-0501-002 (EJ Policy, 3 Jan 2026) · PA DEP · checked Oct 5, 2026
DEP permit deadlines, SPEED and decision guarantee
Low impact
Since Act 45 of 2025, DEP must decide some air and water general permits within fixed days or they are deemed approved. SPEED lets applicants fund approved outside reviewers. The Permit Decision Guarantee is DEP policy, not statute.
Act 45 of 2025 (HB 416); 4 Pa. Code Ch. 7a, Subch. H · PA DEP · checked Oct 6, 2026
Federal endangered species review, including tree-clearing limits for bats
High impactFederal
Projects with a federal permit or funding need Fish and Wildlife Service consultation where listed species may be affected, and no project may “take” a listed species. The northern long-eared bat (endangered since March 31, 2023) limits tree clearing across all four states; the tricolored bat is proposed for listing.
16 U.S.C. 1536, 1538, 1539; 50 CFR Parts 17 and 402 · US Fish and Wildlife Service · checked Oct 6, 2026
Federal environmental review (NEPA)
High impactFederal
A federal permit, licence or funding decision triggers review under NEPA. CEQ’s regulations were removed (final January 8, 2026), so each agency now follows its own procedures, and the statute sets page limits and deadlines: one year for an environmental assessment and two years for an impact statement.
42 U.S.C. 4321 et seq.; 42 U.S.C. 4336a · Each federal agency; Council on Environmental Quality (guidance) · checked Oct 6, 2026
Historic preservation review for federal permits and funding (Section 106)
Medium impactFederal
Before a federal permit, licence or funding decision, the agency must consider effects on historic properties and consult the State Historic Preservation Office. The Advisory Council voted on July 24, 2026 to propose a major overhaul; the proposal is not yet published.
54 U.S.C. 306108; 36 CFR Part 800 · Advisory Council on Historic Preservation; State Historic Preservation Offices · checked Oct 6, 2026
PNDI threatened and endangered species review
Medium impact
Before most DEP permits, applicants run a Pennsylvania Natural Diversity Inventory (PNDI) search on Conservation Explorer. A receipt showing a possible impact sends the project to wildlife agencies for clearance.
DEP policy 021-0200-001; DCNR Conservation Explorer · PA DEP · checked Oct 5, 2026
State History Code historic resources review
Medium impact
Under the Pennsylvania History Code, state-funded, state-permitted or state-licensed projects are reviewed by the State Historic Preservation Office (PHMC) for effects on historic resources. Strictly private projects are not reviewable.
37 Pa.C.S. §§ 507-510 (History Code) · PHMC · checked Oct 5, 2026
Flooding and the coast
Coastal consistency review of federal permits
Medium impactFederal
In a state’s coastal zone, an applicant for a federal permit must certify that the project is consistent with the state’s coastal management program, and the state can object. NJ, NY, CT and PA (Delaware Estuary and Lake Erie) all have approved programs.
16 U.S.C. 1456(c); 15 CFR Part 930 · NOAA; state coastal programs (NJDEP, NY DOS, CT DEEP, PA DEP) · checked Oct 6, 2026
Federal flood map and floodplain building rules (NFIP)
High impactFederal
Towns in the National Flood Insurance Program must permit development in mapped flood zones and require new and substantially improved buildings to be elevated or floodproofed to the base flood elevation. A preliminary map change opens a 90-day appeal period.
42 U.S.C. 4001 et seq.; 44 CFR 59.1, 60.3; 44 CFR Part 67 · FEMA; municipal floodplain administrators · checked Oct 6, 2026
Floodplain management and local floodplain permits
Medium impact
Under Act 166 and the National Flood Insurance Program, flood-prone Pennsylvania municipalities must regulate building in mapped floodplains. Projects need a local floodplain permit; DEP's Chapter 106 also covers public and utility structures in floodplains.
32 P.S. § 679.101 et seq.; 25 Pa. Code Ch. 106 · Municipality; PEMA; PA DEP · checked Oct 6, 2026
Work in navigable waters: piers, bulkheads and dredging (Section 10)
Medium impactFederal
Building structures in, over or under navigable waters, or dredging them, needs an Army Corps permit under Section 10 of the Rivers and Harbors Act, often together with a Section 404 permit.
33 U.S.C. 403; 33 CFR Part 322 · US Army Corps of Engineers · checked Oct 6, 2026
Land use and housing
Clean and Green rollback taxes; Agricultural Security Areas
Medium impact
Developing land enrolled in Clean and Green triggers rollback taxes: up to seven years of tax savings plus 6% yearly interest. Land in an Agricultural Security Area gets farm-practice and condemnation protection but can still be developed.
72 P.S. 5490.1 et seq.; 3 P.S. 901-915 (ASA) · County assessment office · checked Oct 5, 2026
FAA notice for tall structures and cranes
Medium impactFederal
Structures and construction cranes over 200 feet, or lower near airports, need notice to the FAA at least 45 days before construction starts. The FAA decides whether the structure is a hazard and may require marking and lighting.
49 U.S.C. 44718; 14 CFR Part 77 · Federal Aviation Administration · checked Oct 6, 2026
HUD environmental review and flood standard for assisted housing
Medium impactFederalChanges pending
Housing using HUD funds needs an environmental review before funds are committed, and new or substantially improved HUD-assisted buildings must meet the Federal Flood Risk Management Standard adopted in 2024. HUD proposed on July 10, 2026 to rescind that standard; comments closed September 8, 2026.
24 CFR Parts 50, 55 and 58 · US Department of Housing and Urban Development · checked Oct 6, 2026
Land use appeals to common pleas court
High impact
Zoning and land development decisions are appealed to the county court of common pleas within 30 days. Only an aggrieved party has standing, and a landowner can ask the court to require a bond from a frivolous opponent.
53 P.S. §§ 11002-A, 11003-A; 42 Pa.C.S. § 5571.1 · Court of common pleas · checked Oct 5, 2026
PennDOT highway occupancy permits and traffic studies
Medium impactChanges pending
Building or changing a driveway, local road, drainage or utility connection on a state highway needs a PennDOT highway occupancy permit (HOP). Large developments must submit a traffic impact study first. New 2026 review steps apply.
67 Pa. Code Ch. 441, Ch. 459; 36 P.S. § 670-420 · PennDOT · checked Oct 6, 2026
Subdivision and land development approval (MPC)
High impact
Municipalities approve subdivision and land development plans under the Municipalities Planning Code. A plan not decided in time is deemed approved, an approved plan is protected from new ordinances for five years, and unfinished improvements need financial security.
53 P.S. §§ 10107, 10508, 10509, 10513 (MPC) · Municipality · checked Oct 5, 2026
Zoning variances, special exceptions and curative amendments (MPC)
High impact
When a project does not fit local zoning, the MPC offers variances, special exceptions, conditional uses, validity challenges and curative amendments. Fixed hearing and decision clocks apply, and a missed clock can mean deemed approval.
53 P.S. §§ 10609.1, 10908-10916.1 (MPC) · Municipality · checked Oct 5, 2026
Wetlands and water
Army Corps nationwide permits (2026 set)
Medium impactFederal
Fifty-seven general permits cover common activities with limited impacts, such as residential and commercial development, utility lines and land-based renewable energy, without an individual permit. Each district adds regional conditions. The 2026 set took effect March 15, 2026 and expires March 15, 2031.
91 FR 768 (January 8, 2026); 33 CFR Part 330 · US Army Corps of Engineers · checked Oct 6, 2026
DRBC project review (Section 3.8)
Medium impact
The Delaware River Basin Commission reviews projects with a substantial effect on basin water, such as large withdrawals and wastewater discharges, with tighter limits in Special Protection Waters. Its approval is separate from Pennsylvania permits.
Delaware River Basin Compact § 3.8; 18 CFR Part 401 · DRBC · checked Oct 7, 2026
Erosion control and construction stormwater permits
Medium impactChanges pending
Pennsylvania requires an erosion and sediment control plan at 5,000 sq ft of earth disturbance, and an NPDES stormwater permit with a post-construction stormwater plan at 1 acre. County conservation districts usually review.
25 Pa. Code Ch. 102; 35 P.S. §§ 691.1-691.1001 · PA DEP; county conservation districts · checked Oct 6, 2026
Federal permits to fill wetlands and waters (Section 404)
High impactFederal
Placing fill or dredged material in federally regulated waters or wetlands needs an Army Corps permit: a nationwide or regional general permit for smaller impacts, or an individual permit with public notice, alternatives analysis and mitigation for larger ones.
33 U.S.C. 1344; 33 CFR Parts 320–332; 40 CFR Part 230 · US Army Corps of Engineers (New York, Philadelphia, New England, Baltimore and Pittsburgh Districts) · checked Oct 6, 2026
Municipal stormwater ordinances (Act 167)
Medium impact
Counties write DEP-approved watershed stormwater plans under Act 167, and each municipality in the watershed must adopt an ordinance applying them. Developers meet the local ordinance's standards for runoff volume, rate and quality.
32 P.S. § 680.1 et seq. (Act 167 of 1978) · County; Municipality; PA DEP · checked Oct 5, 2026
NPDES wastewater and industrial stormwater permits
Medium impact
Anyone discharging wastewater or industrial stormwater to Pennsylvania surface waters needs a DEP NPDES permit. Industrial stormwater usually uses the PAG-03 general permit, which runs to 23 March 2028.
25 Pa. Code Ch. 92a; 35 P.S. §§ 691.1-691.1001 · PA DEP · checked Oct 5, 2026
PFOA and PFOS limits for public water systems
Low impactChanges pending
Pennsylvania caps PFOA at 14 ppt and PFOS at 18 ppt in drinking water. It matters to developers only if they build or own a public water system, such as a community or campus system with its own wells.
25 Pa. Code Ch. 109 (PFAS MCL rule, 53 Pa.B. 46) · PA DEP · checked Oct 6, 2026
Philadelphia stormwater regulations
Medium impact
Philadelphia Water Department regulations require erosion control approval at 5,000 sq ft of earth disturbance and permanent stormwater controls at 15,000 sq ft, as a prerequisite to City permits. New exemptions took effect 1 July 2026.
PWD Regulations Chapter 6 (Stormwater) · Philadelphia Water Department · checked Oct 5, 2026
Proposed wild trout and Class A stream listings (October 2026)
Medium impactProposed
The Fish and Boat Commission proposes adding 11 streams or stream sections to its wild trout list and 5 sections to its Class A wild trout list. Under DEP's Chapter 105 rules, wetlands in or along the floodplain of a wild trout stream reach are exceptional value wetlands, which must meet the permit tests in 25 Pa. Code 105.18a.
PFBC notices, 56 Pa.B. No. 33 (15 Aug 2026); 25 Pa. Code §§ 105.17(1)(iii), 105.18a · PA Fish and Boat Commission; PA DEP (Chapter 105 permits) · checked Oct 6, 2026
Sewage facilities planning (Act 537)
High impact
Act 537 makes municipalities plan for sewage and requires a planning module for new subdivisions and development, unless exempt. DEP or a local agency approves it before onlot sewage permits issue.
35 P.S. §§ 750.1-750.20; 25 Pa. Code Chs. 71-73 · Municipality; PA DEP; delegated local agency · checked Oct 5, 2026
SRBC water withdrawal and consumptive use approvals
Medium impact
The Susquehanna River Basin Commission must approve large water withdrawals, consumptive uses and diversions in the Susquehanna watershed, on top of DEP rules. Thresholds are 100,000 gpd for withdrawals and 20,000 gpd for consumptive use.
Susquehanna River Basin Compact; 18 CFR Parts 806-808 · SRBC · checked Oct 5, 2026
State water quality certification of federal permits (Section 401)
Medium impactFederalChanges pending
A federal permit that may cause a discharge to waters needs the state’s water quality certification, which can add conditions or be denied. The 2023 federal rule governs; EPA proposed on January 15, 2026 to narrow state review to point-source discharges, and the final rule has cleared White House review but is not yet published.
33 U.S.C. 1341; 40 CFR Part 121 · US EPA; NJDEP, NYSDEC, CT DEEP and PA DEP certify · checked Oct 7, 2026
Water obstruction, encroachment and wetland permits
High impact
Pennsylvania requires DEP approval for dams and for structures or activities in streams, floodways, lakes and wetlands. Routes run from no-permit waivers through general permits to individual permits, usually filed jointly with the Army Corps.
32 P.S. § 693.1 et seq.; 25 Pa. Code Ch. 105 · PA DEP; county conservation districts; Army Corps · checked Oct 5, 2026
Water withdrawal registration and reporting (Act 220)
Low impact
Pennsylvania's Water Resources Planning Act (Act 220) requires water users above set volumes to register withdrawals with DEP and report use every year. It is a data requirement, not an approval.
Act 220 of 2002; 25 Pa. Code Ch. 110 · PA DEP · checked Oct 5, 2026
Which waters and wetlands are federally regulated (WOTUS)
High impactFederalChanges pending
Federal permits under the Clean Water Act apply only to “waters of the United States.” In NJ, NY, CT and PA the agencies apply the January 2023 definition as amended after the Supreme Court’s Sackett decision. A narrower definition is proposed; comments on the latest supplement close October 9, 2026.
33 U.S.C. 1362(7); 33 CFR 328.3; 40 CFR 120.2 · US EPA and US Army Corps of Engineers · checked Oct 9, 2026