The Pennsylvania DEP NPDES Construction Stormwater Permit is the approval you need before you move dirt on most building sites that disturb one acre or more, and the main way to get it is by filing the PAG-02 Notice of Intent (NOI), form 3800-PM-BCW0405b, with your local county conservation district. This form tells the state how you will stop mud, silt, and pollutants from washing off your site into nearby streams during and after construction.
Pennsylvania uses the PAG-02 General Permit to cover the vast majority of construction projects, and the current NOI form took effect on December 8, 2024, so older versions are now rejected as incomplete. Getting one box wrong, leaving out the right check, or skipping a required plan can push your start date back by weeks, since most districts work on a 60-day clock and the law lets them send only one incompleteness letter before your file stalls.
Here is what you will learn in this guide:
- 📋 What the PAG-02 NOI is, who must file it, and the one-acre rule that triggers it
- 🗂️ Every document and number you must gather before you open the form
- ✍️ A line-by-line walkthrough of each section, with sample entries and the mistakes that sink applications
- 🏢 Three real filing scenarios, from a small homebuilder to a project near a protected stream
- 💵 Exact fees, where to send your package, and what happens after you hit submit
What the PAG-02 NOI Is and Who Must File It
The PAG-02 NOI is your written request for coverage under Pennsylvania’s general NPDES permit for stormwater that runs off construction sites. The permit exists because rain hits bare, graded soil and carries sediment into rivers, and federal and state law treat that muddy runoff as water pollution. The form is required under 25 Pa. Code Chapter 102, Pennsylvania’s Erosion and Sediment Control rules, which work together with the federal Clean Water Act NPDES program to keep dirt out of public waters.
You must file when your project will disturb one acre or more of earth as part of a single project or a larger common plan of development or sale. DEP treats anything over 0.99 acre as needing a permit, so a planned 0.995-acre job rounds up and still requires coverage. The threshold drops in sensitive watersheds, where as little as 5,000 square feet can pull you into permit review.
Three agencies interact on this form. DEP (the Department of Environmental Protection) owns the program and the permit. The County Conservation District (CCD) in your county reviews almost every NOI, because DEP has delegated that work to local districts in every county except Forest, Beaver, and Philadelphia, where DEP regional offices step in. The Pennsylvania Natural Heritage Program runs the PNDI screening tool that you must clear before approval.
A quick word on the wrong belief many first-timers hold: they think submitting the NOI lets them start digging. It does not. You may not begin earth disturbance until you receive written approval signed by a DEP or CCD manager and hold a pre-construction meeting, and breaking that rule invites a stop-work order and penalties under the Clean Streams Law.
PAG-02 General Permit vs. Individual NPDES Permit
Most builders use PAG-02, but some sites do not qualify and must apply for an Individual NPDES permit instead. The table below shows the split so you pick the right path before you spend money on the wrong form.
| Feature | What It Means |
|---|---|
| PAG-02 General Permit | The standard route for eligible sites disturbing one acre or more; faster review and a $500 filing fee |
| Individual NPDES Permit | Required for sites discharging to High Quality or Exceptional Value (Special Protection) waters, contaminated soils, or projects that fail PAG-02 eligibility; uses modules 3800-PM-BCW0406a–d and a $1,500 filing fee per the Allegheny district fee page |
| PAG-01 General Permit | A lighter option for small construction under five acres that meets all PAG-01 conditions |
Before You Start: Documents and Information You Need
Gather everything below before you open the form, because a single missing item makes your package incomplete and starts the deficiency clock. The CCD reviews your full package against the checklist (form 3800-PM-BCW0405c), and one gap can cost you a 60-day delay.
- Erosion and Sediment Control (E&S) Plan. This engineered plan shows your silt fences, basins, and grading sequence; without it the district cannot judge how you will hold soil on site, and the NOI is dead on arrival.
- Post-Construction Stormwater Management (PCSM) Plan. This plan proves the finished site will manage runoff volume, rate, and water quality; missing or weak PCSM math is the top technical rejection reason.
- PNDI receipt. Generated from the Conservation Explorer tool, this screens for threatened and endangered species, and a draft or expired receipt will not be accepted.
- Site location maps. A USGS quad map and site plan fix your project on the ground; vague maps trigger questions that slow review.
- County and Municipal Notification forms (3800-FM-BCW0271b and 3800-FM-BCW0271c). These give your county and town legal notice under Act 14, and skipping them stalls final action.
- Exact disturbed acreage. You need the precise number from your engineer because it sets your $100-per-acre fee, and underreporting it is a violation.
- Receiving water name and chapter 93 classification. You must name the stream you drain to and know if it is HQ or EV, since that decides whether PAG-02 is even allowed.
- Two separate payments. One check for the disturbed acreage fee and a second, separate check for the $500 administrative fee, because the district cannot accept them combined.
Have your legal name, mailing address, and the names of any known operators ready too, since these flow directly onto the form’s signature and operator sections.
Where to Get the Form and How to Access It
Download the current NOI package from DEP’s official Construction Stormwater page, which links to the eLibrary copies of the form, instructions, and checklist. The form you want is 3800-PM-BCW0405b, the 2024 PAG-02 Notice of Intent, and you must confirm that revision because the 2024 version became mandatory on December 8, 2024.
You can fill the PDF on your computer, then print and sign it for submission. Many county conservation districts also accept electronic plan and permit submissions, so check your district’s page for an e-submission portal and its specific guidelines, as the Monroe County district does. DEP also runs an ePermitting system for related Chapter 102 and Chapter 105 work, though most PAG-02 packages still flow through the local district.
Always grab the checklist (3800-PM-BCW0405c) at the same time. The checklist lists every attachment the reviewer expects, and using it as your own pre-flight list is the single best way to avoid an incompleteness letter. A common misconception is that the agency homepage holds the latest form; in practice the eLibrary document number and revision date are what prove you used the current version.
Step-by-Step: How to Fill Out the PAG-02 NOI Line by Line
Work through the form in the order the sections appear. Type or print clearly, and write N/A in any box that does not apply rather than leaving it blank, because blank boxes read as missing answers to a reviewer.
Section A: Applicant (Permittee) Information
This section asks who is legally responsible for the permit, including the applicant’s full legal name, mailing address, and contact details. Enter the name of the person or company that owns or controls the project, exactly as it appears on legal records, and use a real mailing address where you will receive official mail. For example, Keystone Homes LLC enters its registered company name, its address as 400 Market Street, Harrisburg, PA 17101, and a working phone and email.
A common edge case is a single-member developer building under a personal name versus an LLC; pick the entity that will actually hold the permit and sign at the end, because the two must match. The most common mistake here is listing the consultant or contractor as the applicant when they are really just the preparer, which puts liability on the wrong party and can void coverage. Many filers wrongly believe the applicant must be a licensed professional, but the applicant is simply the responsible landowner or operator, not the engineer.
Section B: Project Site Information
This section asks where the work happens, including the project name, physical site address or location description, county, municipality, and latitude and longitude. Give a clear project name and a precise location, using decimal-degree coordinates pulled from your site map. For instance, Maplewood Subdivision, located in Derry Township, Dauphin County, with coordinates 40.2731, -76.6510.
Rural sites without a street address are common, so describe the nearest road and intersection and lean on your coordinates and quad map. The frequent mistake is sloppy or copied coordinates that drop the site in the wrong watershed, which sends your whole eligibility analysis off track. People often assume the project name is just a label, but reviewers use it to tie your NOI to your E&S and PCSM plans, so keep it identical across every document.
Section C: Receiving Waters and Stream Classification
This section asks for the name of the surface water your site drains to and its Chapter 93 designated use, such as a Cold Water Fishery, High Quality, or Exceptional Value stream. Identify the named stream from your mapping and look up its classification in 25 Pa. Code Chapter 93. For example, a site draining to Spring Creek (HQ-CWF) would record that exact name and class.
The key edge case is a site near an HQ or EV (Special Protection) water, because PAG-02 coverage is denied for direct discharges to those waters and you must switch to an Individual permit. The damaging mistake is naming the wrong stream or missing an HQ/EV designation, which leads the district to reject PAG-02 and forces you to restart on the Individual track. A widespread misconception is that a small ditch does not count; if it carries water to a stream, it is part of your discharge path and matters.
Section D: Earth Disturbance Acreage
This section asks for the total area of earth disturbance for the project, measured in acres. Enter the precise figure your engineer calculated, including the project site and any off-site support areas, and do not round here for the fee box. As an example, Carlos Rivera enters 9.6 acres for his commercial pad based on his grading plan.
A tricky edge case is off-site staging or borrow areas; if they sit within a quarter mile they count toward your total, so include them. The serious mistake is understating disturbance to save on fees, which is a permit violation and can lead to enforcement when an inspector measures the real footprint. Many filers wrongly think temporary material storage adds to disturbance; it does not, as long as the storage itself does not disturb the soil.
Section E: Operators and Co-Permittees
This section asks you to name any operators who will have day-to-day control over earth disturbance and who, on approval, become co-permittees. List each known operator, such as the general contractor and the earthmoving subcontractor, and have them sign as required. For instance, Keystone Homes LLC names Apex Site Contractors as the operator who controls grading.
A common scenario is not knowing your contractor yet; you may leave operators off the NOI and later complete the Co-Permittee Acknowledgement Form (3800-FM-BCW0271a) before that operator starts work. The mistake to avoid is letting an unlisted contractor begin digging without filing the acknowledgement form, which leaves them working without authorization. A frequent misconception is that every subcontractor is an operator; a plumber or electrician with no control over the E&S plan is not.
Section F: Required Attachments Checklist
This section confirms that your E&S Plan, PCSM Plan, PNDI receipt, county and municipal notifications, and maps are attached. Check each box only when the document is truly in the package, and use form 3800-PM-BCW0405c as your master list. For example, Janet Okafor checks the PNDI box only after generating a final, non-draft receipt.
The edge case here is concurrent PNDI review: you may submit a PNDI receipt showing a “Potential Impact” outcome and add the agency clearance letters during review, but approval waits until they arrive. The mistake is checking boxes for plans that are incomplete or draft, which converts a quick completeness pass into a technical deficiency. Filers often believe a checklist is optional paperwork, but a mismatched checklist is itself a completeness deficiency.
Section G: Fees
This section records the two payments due with your package: the disturbed acreage fee and the administrative filing fee. Calculate the acreage fee by rounding disturbed acres to the nearest whole number and multiplying by $100, then write a separate $500 administrative check. For example, a 1.5-acre site rounds to 2 acres, so Maria Lopez sends a $200 acreage check plus a separate $500 administrative check.
The acreage fee is payable to the Commonwealth of Pennsylvania Clean Water Fund, while the administrative fee goes to the county’s Clean Water Fund when a CCD reviews it, as the Centre County district spells out. The mistake that trips many filers is combining both fees into one check, which the instructions forbid and which makes the package incomplete. A common misconception is that these two state fees are all you owe; most districts add their own E&S plan review fee on top, so check your local schedule.
Section H: Certification and Signature
This section is the legal oath where the applicant signs under penalty of law that the information is true and complete. The applicant or an authorized official must sign and date it by hand, using the same legal name from Section A. For example, Carlos Rivera, Managing Member, signs and dates the block 03/14/2026.
A common edge case is corporate signing authority; for a company, a responsible corporate officer must sign, not a clerk or the consultant. The mistake here is an unsigned or consultant-signed certification, which is grounds for rejection because the responsible party has not legally certified the data. Many people think an electronic or stamped signature always works; unless your district’s e-submission policy allows it, a wet signature is the safe choice.
Three Filled-Out Examples Using Real Scenarios
Scenario 1: Maria Lopez, Small Homebuilder (2 Acres, Standard Watershed)
Maria is building a small residential cul-de-sac that disturbs 1.5 acres draining to a Cold Water Fishery stream with no special protection status.
| Form Section | What Maria Enters |
|---|---|
| Applicant name (Section A) | Lopez Building Co., 12 Oak Lane, Lancaster, PA |
| Project name (Section B) | Oak Lane Court |
| County / municipality | Lancaster County, Manheim Township |
| Receiving water (Section C) | Lititz Run (CWF) |
| Earth disturbance (Section D) | 1.5 acres |
| Operators (Section E) | N/A — owner self-performs |
| Acreage fee (Section G) | $200 (1.5 rounds to 2 acres) |
| Administrative fee (Section G) | $500 to Lancaster County Clean Water Fund |
| Signature (Section H) | Maria Lopez, Owner, dated |
Scenario 2: Carlos Rivera, Commercial Developer (10 Acres, Standard Watershed)
Carlos is grading a 9.6-acre retail pad with a contractor on board and a detention basin for post-construction control.
| Form Section | What Carlos Enters |
|---|---|
| Applicant name (Section A) | Rivera Commercial LLC, 400 Market St, Reading, PA |
| Project name (Section B) | Riverbend Plaza |
| County / municipality | Berks County, Cumru Township |
| Receiving water (Section C) | Wyomissing Creek (WWF) |
| Earth disturbance (Section D) | 9.6 acres |
| Operators (Section E) | Apex Site Contractors (general contractor) |
| Acreage fee (Section G) | $1,000 (9.6 rounds to 10 acres) |
| Administrative fee (Section G) | $500 to Berks County Clean Water Fund |
| Signature (Section H) | Carlos Rivera, Managing Member, dated |
Scenario 3: Janet Okafor, Project Near a Special Protection Stream
Janet’s 3-acre office site drains to a High Quality stream, which makes her ineligible for PAG-02 and routes her to the Individual NPDES permit.
| Form Section | What Janet Does |
|---|---|
| Initial path | Starts a PAG-02 NOI, then learns the stream is HQ |
| Eligibility (Section C) | HQ/EV discharge disqualifies PAG-02 coverage |
| Switch | Files the Individual NPDES application (3800-PM-BCW0408b) |
| Required modules | E&S Module 1, PCSM Module 2, Antidegradation Module 3, Riparian Buffer Module 4 |
| Earth disturbance | 3 acres |
| Antidegradation analysis | Documents non-discharge or ABACT BMPs |
| Acreage fee | $300 (3 acres × $100) |
| Administrative fee | $1,500 Individual permit filing fee |
| Pre-application meeting | Holds a required pre-application meeting with the district |
How to File the Completed Form
You submit the full NOI package to the agency that reviews your county, and for almost everyone that is the local county conservation district. The instructions are clear: for a project in a single county, send the package to that county’s CCD, unless it is in Forest, Beaver, or Philadelphia, where it goes to DEP’s Northwest, Southwest, or Southeast regional office. Find your district’s mailing address through the Pennsylvania Association of Conservation Districts “Find Your Conservation District” tool.
Here is how the main filing channels work:
- By mail or in person to the CCD. Send the printed, signed NOI, all attachments, and two separate checks (the $100-per-acre fee and the $500 administrative fee). Keep a date-stamped copy and your mail receipt as proof of filing.
- Electronic submission to the CCD. Many districts now accept e-submissions of plans and permits; follow that district’s e-submission guidelines exactly, and save the upload confirmation.
- Online payment. Some districts, like Allegheny County, accept credit card or e-check through MuniciPAY, while others want a paper check; confirm payment method before you mail.
File at least 60 calendar days before you plan to break ground, since that is the minimum review window and it does not guarantee approval by day 60. Always keep your proof of submission, because that date anchors every deadline that follows.
What Happens After You File
After submission, the district first runs an administrative completeness review, and many districts finish that step within about five business days once payment and files arrive, as the Allegheny district notes. If anything is missing, you get one incompleteness letter and a single 60-day deficiency correction period to fix it, with a possible 30-day extension only if approved in writing.
Once your package is complete, the reviewer moves to technical review of your E&S and PCSM plans. Minor issues get a quick call or email, but significant technical deficiencies bring a formal notice with a correction deadline, and missing that deadline pushes your file into an elevated review process that can end in denial.
You may not start earth disturbance until you receive written approval signed by a DEP or CCD manager, you have obtained any other required permits like Act 537 sewage planning, and you have held a pre-construction meeting unless it is waived in writing. DEP also publishes notice of the final action in the Pennsylvania Bulletin. Once you hold coverage, you take on ongoing duties, including site inspections and an annual report due by December 7 each year.
Mistakes to Avoid When Filling Out the Form
- Using an outdated NOI form. The pre-December 2024 version is now rejected as a completeness deficiency, restarting your timeline.
- Combining the two fees in one check. The instructions require separate checks, so a single combined payment makes the package incomplete.
- Submitting a draft PNDI receipt. Draft receipts are not accepted, which holds your approval until you generate a final one.
- Naming the wrong receiving stream. A misidentified water can hide an HQ/EV status and force a costly switch to an Individual permit.
- Understating disturbed acreage. Low acreage underpays the fee and is a violation that invites enforcement when inspectors measure the site.
- Leaving boxes blank instead of writing N/A. Blank fields read as missing answers and trigger deficiency notices.
- Listing the consultant as the applicant. This places legal liability on the wrong party and can void coverage.
- Skipping the county and municipal notification forms. Without Act 14 notice, the district cannot take final action.
- Starting work after submitting but before approval. Digging without signed approval risks a stop-work order and penalties.
- Ignoring the local CCD fee schedule. Most districts add an E&S review fee beyond the state fees, and missing it stalls your file.
- Mismatched project names across documents. Different names on the NOI, E&S, and PCSM plans confuse reviewers and slow review.
Do’s and Don’ts
Do:
- Do confirm the form revision date is the 2024 version, because old forms are rejected outright.
- Do use the official checklist as your pre-flight list, since a complete package skips the deficiency letter.
- Do file at least 60 days before groundbreaking, because review takes time and approval is not guaranteed by then.
- Do keep dated proof of submission and payment, since that date governs every deadline.
- Do call your CCD for a pre-application meeting, because early questions prevent eligibility surprises.
- Do match names and numbers across the NOI, E&S, and PCSM plans, so reviewers can connect your documents.
Don’t:
- Don’t start earth disturbance before you hold signed written approval, because that is illegal and penalized.
- Don’t combine the acreage and administrative fees, since the instructions forbid one check.
- Don’t guess your stream’s classification, because an HQ/EV miss derails your whole application.
- Don’t submit incomplete plans hoping to fix them later, as that turns a fast review into a technical deficiency.
- Don’t leave operators off and then let them dig, since they need a co-permittee form first.
- Don’t assume the agency homepage has the current form, because the eLibrary document number proves the version.
Pros and Cons of Filing on Your Own vs. With a Consultant
Pros of using a consultant or engineer:
- A licensed professional can prepare the E&S and PCSM plans that the form requires, which a layperson usually cannot.
- Consultants know each district’s quirks, which cuts deficiency letters.
- They handle PNDI screening and antidegradation analysis correctly the first time.
- They keep your documents consistent across the package.
- They can respond fast to technical deficiency notices before deadlines lapse.
Cons of using a consultant:
- Professional fees add thousands of dollars to a project already paying state and district fees.
- You depend on their schedule, which can delay submission.
- Communication gaps can leave the responsible applicant unaware of permit duties.
- A consultant cannot sign the certification for you, so you remain legally responsible.
- Over-reliance can leave you unprepared for the ongoing inspection and annual report duties after approval.
FAQs
Do I need a permit if I disturb less than one acre?
No. Most sites under 0.99 acre do not need PAG-02 coverage, unless the work is part of a larger common plan of development or sits in a special protection watershed where smaller thresholds apply.
Can I start construction once I mail the NOI?
No. You may not begin earth disturbance until you receive written approval signed by a DEP or CCD manager and have held your pre-construction meeting, or you risk a stop-work order.
Do I send my package to DEP or to the county?
No, not DEP in most cases. Almost every county’s conservation district reviews PAG-02 packages, except Forest, Beaver, and Philadelphia counties, where DEP regional offices handle them.
Do I write my exact acreage or the rounded number in the disturbance box?
Yes, use the exact figure in the earth disturbance box (Section D), but round to the nearest whole acre only when calculating the $100-per-acre fee in the fee section.
Do I combine the two fees into one check?
No. The acreage fee and the $500 administrative fee must be on separate checks, or the district treats your package as incomplete.
Do I list every subcontractor as an operator in Section E?
No. Only list those with day-to-day control over earth disturbance or the E&S plan; a plumber or electrician with no such control is not an operator.
Do I have to name the receiving stream in Section C?
Yes. You must identify the named surface water and its Chapter 93 classification, because that decides whether PAG-02 is allowed or you need an Individual permit.
Can my engineer sign the certification for me?
No. The applicant or an authorized corporate officer must sign the Section H certification, because that signature is the legal oath of the responsible party.
Do I need a PNDI receipt before approval?
Yes. A final, non-draft PNDI receipt is required, though you may submit it concurrently and add agency clearance letters during review if a potential impact is flagged.
Do I qualify for PAG-02 if my site drains to a High Quality stream?
No. Direct discharges to High Quality or Exceptional Value waters are not eligible for PAG-02, so you must file an Individual NPDES permit application instead.
Do the state fees cover the county’s review costs too?
No. Most conservation districts charge a separate E&S plan review fee on top of the state acreage and administrative fees, so check your local schedule.
Do I need to keep doing anything after my permit is approved?
Yes. You must run site inspections, maintain your BMPs, and file a Chapter 102 annual report by December 7 each year for the life of your coverage.
How long does review take?
No fixed guarantee applies, but you must file at least 60 calendar days before groundbreaking, and even that window does not promise approval by day 60.
Do I have to write N/A in boxes that do not apply?
Yes. Write N/A in any field that does not apply, because a blank box reads as a missing answer and can trigger a deficiency notice.
Related reading
- How to Fill Out the MassDEP / EPA NPDES Construction Stormwater Permit (With Examples) + FAQs
- How to Fill Out the Pennsylvania DEP NPDES Construction Stormwater Permit (PAG-02, PAG-01 & Individual) + FAQs
- How to Fill Out the Pennsylvania DEP NPDES Industrial Stormwater Permit (PAG-03 NOI) + FAQs
- How to Fill Out Pennsylvania DEP Oil and Gas Well Permit (w/Examples) + FAQs
- How to Fill Out Pennsylvania DEP NPDES Industrial Stormwater Permit + FAQs
- How to Fill Out the Georgia EPD NPDES Construction Stormwater Permit (Notice of Intent) + FAQs
- How to Fill Out the Washington Ecology Water Quality Modification Permit + FAQs