Pennsylvania has more than 3,400 regulated dams, 741 of which are classified as “high-hazard” dams^[1], meaning their failure or mis-operation would likely result in the loss of human life and significant downstream property damage. Most dams are privately owned by individuals or private organizations, while others are owned by public entities such as municipalities, public drinking water suppliers, and recreational authorities. All dams carry some level of risk and require regular inspection, maintenance, and often rehabilitation to ensure public safety. 
 
Pennsylvania first passed dam safety legislation in 1913, and dam safety regulations were updated in 1978. Pennsylvania has not suffered any deaths caused by dam-related flooding since those regulations took effect. There are now indications that the Pennsylvania Department of Environmental Protection (“DEP”) will be dedicating additional resources to address dams across Pennsylvania that potentially pose a significant risk of failure. As a result, dam owners may face increased regulatory scrutiny, including unilateral orders or enforceable agreements requiring inspection, maintenance, or repair activities.
 
Dam-created lakes and ponds are often a significant amenity for many residential communities, providing fishing, boating, and aesthetic benefits. The owners of such dams frequently are property owner associations that are required to satisfy wide-ranging regulatory requirements. Dam ownership carries significant regulatory, operational, and liability obligations. These include requirements to conduct regular inspections of the dams and implement repairs when necessary. These inspections range from visual checks by the dam owner, to detailed inspections performed by a professional engineer, with the frequency and type of inspection depending on the dam’s hazard potential rating. Owners of high-hazard dams must submit annual reports to DEP documenting inspections and any identified issues. Dam owners may also face potential liability to downstream property owners in the event of a dam failure.
 
Although maintaining a dam can be costly and time-consuming, deferring maintenance can increase both safety risks and long-term costs. It may also result in additional regulatory requirements and compliance deadlines imposed by DEP.
 
In addition, dam owners, such as property owner associations, often must navigate competing demands from DEP and their membership or neighboring property owners when aging or deteriorating dams require repair. Conducting dam repairs typically requires approvals from multiple governmental entities, including DEP and the Pennsylvania Fish and Boat Commission. Dam repairs may also necessitate temporary drawdowns of lakes, potentially prompting concerns from property owners about impacts on property values and recreational opportunities, even if these impacts are temporary. Property owners may also challenge necessary lake drawdowns through litigation, creating additional costs and delays for dam owners attempting to complete required repairs. Finally, dam owners need to ensure they have adequate insurance to protect them in the event of dam failure or litigation.
 
The risks associated with aging dam infrastructure underscore the importance of proactive inspection and maintenance. As DEP notes:
 
“The typical life of a dam is 50 years, but the average age of a dam in Pennsylvania is 77 years and increasing over time. In fact, about 30 percent of Pennsylvania dams are more than 100 years old. There is a misconception that an old dam is a safe dam, because it’s been around for decades. But past performance is not indicative of future performance. That means the older a dam gets, the more susceptible it becomes to deficiencies if it’s not regularly maintained.” 
 
Owners of regulated dams, including property owner associations, municipalities, recreational organizations, and private landowners, should evaluate whether inspection, maintenance, reporting, and insurance obligations are being met. With increased DEP attention expected, addressing potential deficiencies proactively may help reduce both regulatory exposure and long-term repair costs.
 
If you have questions about dam safety compliance, regulatory obligations, or potential liability associated with dam ownership, please contact attorney Martin Siegel or any member of Barley Snyder’s Environment & Energy Industry Group.

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^[1] “DEP’s Dam Safety Division Achieves Major Inspection Milestones in 2025 While Strengthening Public Protection,” Pennsylvania Department of Environmental Protection LinkedIn Article, February 17, 2026