Back to News

DEP Proposes Changes to Its Post-Construction Stormwater Management Policy

Published on

February 2, 2023

The Pennsylvania Department of Environmental Protection (“DEP”) has proposed a number of significant changes to its Post-Construction Stormwater Management (“PCSM”) Manual. PCSM requirements potentially impact construction projects across the Commonwealth, especially those involving land disturbances of greater than one acre. The purpose of DEP’s manual is to provide guidance on 1) the development of PCSM plans for earth disturbance activities under the Department’s regulations relating to erosion and sediment control; 2) the design, installation, and operation and maintenance of post-construction stormwater control measures; and 3) the completion of a stormwater analysis to protect surface waters of this Commonwealth. 

The substantial revisions that are proposed by DEP in the draft Pennsylvania PCSM Manual are summarized as follows:

  • New interpretive guidance on the PCSM regulations (25 Pa. Code § 102.8 (relating to PCSM requirements)).
  • A proposed hierarchy of stormwater management objectives.
  • Additional detailed information on the performance of the stormwater analysis that is required for PCSM at 25 Pa. Code § 102.8(g), including the addition of new methodologies for the analysis of volume, water quality and rate management.
  • Proposed criteria for the protection of wetlands.
  • New best management practices—which are referred to in the draft Pennsylvania PCSM Manual as stormwater control measures (SCM)—including, but not limited to, managed release concept SCMs.
  • New incentives for the protection of natural open spaces and natural stormwater features.
  • New methods for the completion of the pre-development site characterization required by the regulations, including infiltration testing.
  • Introduction of methods for adjusting precipitation depths for stormwater analysis based on the known effects of climate change.
  • New guidance regarding: antidegradation requirements; the determination of discharge points and points of analysis; analyses of stream stability and erosion potential; off-site stormwater management; the evaluation of thermal impacts; and the assessment of projects located in areas of karst geology.

Interested persons may submit written comments on this draft document through Friday, April 28, 2023. Commentators are encouraged to submit comments using the Department’s online comment tool at www.ahs.dep.pa.gov/eComment. Copies of the document can be obtained from DEP by contacting Sean Furjanic, PE, at sefurjanic@pa.gov.

If you have any questions about the proposed changes to the DEP’s Post Construction Stormwater Management Policy, please contact me or anyone in the Barley Snyder Environment & Energy Industry Group, Real Estate Practice Group or the Construction Industry Group.


Related News

View More News
Press Release
May 27, 2026

Barley Snyder Attorneys Sarah Doyle and Jayne Katherman Named Central Penn Business Journal Women of Influence Honorees

For Immediate Release York, Pa. – Barley Snyder is proud to announce that attorney Sarah L. Doyle has been named Central P...

Learn More
News Alert
May 21, 2026

York County Nonprofits: Look Out for Changes to Real Estate Tax Exemptions

Many York County nonprofits benefit from real estate tax exemption for properties owned and used by in furtherance of their m...

Learn More
News Alert
May 7, 2026

Lancaster County: Look Out for Notices of Reassessment

Lancaster County is performing a reassessment for all property parcels within the County to become effective tax year 2027. T...

Learn More

Other Upcoming Events

View All Upcoming Events
Jun
04
7:30 am
-
12:00 pm
event
Location

Wake Up With Barley: A Morning on Real Estate 2026

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers