Permits guide
Pennsylvania Erosion and Sediment Control for Land Clearing
Before a track loader touches a wooded acre in Pennsylvania, the earth disturbance rules in Chapter 102 apply. Here is what the regulation text says and where it stops.
Under 25 Pa. Code Chapter 102, controls are required on any earth disturbance, a written plan starts at 5,000 square feet, and a stormwater construction permit starts at 1 acre, with timber harvesting handled separately. The text we read does not mention forestry mulching, so confirm with the Chester County Conservation District.
Last checked: October 2026
What the regulation requires at every size
Pennsylvania's erosion and sediment control rules sit in Title 25, Chapter 102 of the Pennsylvania Code, issued by the Department of Environmental Protection. Section 102.4(b)(1) says the implementation and maintenance of erosion and sediment control best management practices are required to minimize accelerated erosion and sedimentation, including for activities that disturb less than 5,000 square feet. In plain terms, no job is too small to need controls on the ground.
Section 102.4(b)(2) sets the written plan triggers. A person proposing earth disturbance must develop and implement a written erosion and sediment control plan if the total earth disturbance will be 5,000 square feet or more, if the person is required to have a plan under other Department regulations, or if the activity has the potential to discharge to a water classified as High Quality or Exceptional Value because of its closeness to drainage features. Section 102.4(b)(3) adds that the plan is to be prepared by a person trained and experienced in erosion and sediment control methods suited to the size and scope of the project.
Section 102.4(b)(8) says the plan, inspection reports and monitoring records must be available for review and inspection by the Department or the conservation district at the project site during all stages of the earth disturbance. Section 102.4(b)(4) also asks, to the extent practicable, that the extent and duration of disturbance be minimized and that existing drainage features and vegetation be protected.
Thresholds at a glance
| Trigger | What the text says | Section |
|---|---|---|
| Any size | Erosion and sediment control best management practices are required, including under 5,000 square feet | 102.4(b)(1) |
| 5,000 square feet or more | A written erosion and sediment control plan is required | 102.4(b)(2)(i) |
| 1 acre or more | An individual NPDES permit or coverage under a general NPDES permit for stormwater from construction is required before starting, with listed exclusions | 102.5(a) |
| 5 acres or more over the life of the project | An E&S permit is required for earth disturbance not already covered by a permit under subsections (a), (b) and (c), with listed exclusions | 102.5(d) |
| Timber harvesting or road maintenance, 25 acres or more | An E&S permit is required before starting | 102.5(b) |
The 1 acre line also counts earth disturbance on any portion of a larger common plan of development or sale. A job that looks small on its own parcel can still be counted against a bigger plan, so the whole picture matters.
How timber harvesting is treated
Section 102.5(a) lists exclusions from the 1 acre NPDES requirement: agricultural plowing or tilling, animal heavy use areas, timber harvesting activities and road maintenance activities. Section 102.5(b) then sets a separate E&S permit trigger for timber harvesting or road maintenance involving 25 acres or more of earth disturbance.
Section 102.1 defines timber harvesting activities as earth disturbance activities including the construction of skid trails, logging roads, landing areas and other similar logging or silvicultural practices. That is the language a reviewer will compare a job against. Even a timber harvest below 25 acres still falls under the section 102.4 rules for controls and, at 5,000 square feet or more, a written plan.
We cite the regulation itself on this page, and the Chester County Conservation District for local practice.
Forestry mulching without grubbing: what the sources say
We looked for any statement in the Chapter 102 sections above, or on the Chester County Conservation District pages we read, that treats forestry mulching, or tree and brush removal without grubbing, differently from other earth disturbance. We did not find one. The regulation text defines timber harvesting activities by skid trails, logging roads, landings and similar logging or silvicultural practices, and it does not name mulching.
So we do not say that mulching is exempt, and we do not say it is regulated as a timber harvest. The answer for a specific parcel is for the district to give: confirm with the Chester County Conservation District. When you ask, describe the acreage, whether stumps and roots will be removed, whether any grading is planned, how close the work comes to a stream, pond or wetland, and whether the parcel is part of a larger plan.
Who reviews plans in Chester County
The Chester County Conservation District states on its FAQ that all disturbances greater than 5,000 square feet must have a written plan, and that any disturbance connected with a Chapter 105 general permit, pond dredgings, or one acre and greater disturbance must have a plan developed and reviewed by the District office. It also states that any proposed disturbance of 1 acre or more through the life of the project must have an NPDES permit, and that the District has delegation authority to administer the program.
The District's service application adds that it will review a plan solely to decide whether it satisfies Chapter 102, that a separate Application for District Services for a Timber Harvest exists, and that for projects not requiring an NPDES permit it will attempt to review within 30 days of receipt. Our companion page lists the questions to ask the District before a site walk.
What we ask owners to settle first
- The total acreage of earth disturbance, counted for the whole project and any larger plan the parcel belongs to.
- Whether the District needs to review a plan, and whether a timber harvest application applies.
- Whether a stream, pond, wetland or drainage swale is nearby, since Chapter 105 approvals are separate from Chapter 102.
- Whether the township has its own grading, woodland or tree rules, which apply in addition to the state rules.
We schedule the work after the owner has the answers in writing. Forestry mulching, land clearing and the invasive regrowth plan are described on their own pages.
Questions about this page
Sources: 25 Pa. Code 102.4, Erosion and sediment control requirements, 25 Pa. Code 102.5, Permit requirements, 25 Pa. Code 102.1, Definitions, Chester County Conservation District, FAQ, Chester County Conservation District, District Services Application. This is general information, confirm with the township or agency.
At what size does Pennsylvania require an erosion and sediment control plan?
Section 102.4(b)(2) of 25 Pa. Code requires a written plan when total earth disturbance will be 5,000 square feet or more, and best management practices are required even below that size. The Chester County Conservation District says the same on its FAQ.
When is a stormwater construction permit needed in Pennsylvania?
Section 102.5(a) requires an NPDES permit or general permit coverage for earth disturbance of 1 acre or more, other than agricultural plowing or tilling, animal heavy use areas, timber harvesting activities and road maintenance. The Chester County Conservation District states the same 1 acre line.
Is forestry mulching without grubbing exempt from Chapter 102?
We did not find DEP or Conservation District text that says so, and we do not claim it. Chapter 102 defines timber harvesting activities by skid trails, logging roads, landings and similar practices. Confirm with the Chester County Conservation District for your parcel.
Does timber harvesting need a state permit?
Under section 102.5(b), a timber harvesting or road maintenance activity involving 25 acres or more of earth disturbance needs an E&S permit before starting. Smaller timber harvests are still subject to the controls in section 102.4, and a written plan at 5,000 square feet or more.
Call, or send the details.
(484) 486-7272hello@huntlyland.com. Send the town, rough acreage and two or three photographs. We reply with site-walk times, and a written plan follows the walk.
Office hours Monday to Saturday, 8 a.m. to 4 p.m. On call 24/7 for storm and emergency cleanup. If anyone is in danger, call 911 first.