Pennsylvania License Agreement (Permitting Use of Lands)
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FAQ
This rule provides that the owner of a higher land is not liable for damages caused by water that naturally flows down into the lower land.
Who owns public waters? The title to the beds of public waters is held in trust by the Commonwealth of Pennsylvania for the benefit of the public. In case of rivers and streams, the Commonwealth's ownership extends to ordinary low water mark, and the adjacent riparian landowner owns above the low water mark.
Many activities in Pennsylvania streams, water bodies such as lakes or ponds, or wetlands require an authorization or permit from the Pennsylvania Department of Environmental Protection (DEP) to protect public health, safety and the environment.
The riparian right is a right to make use of the water flowing in a stream upon or next to riparian land. Pennsylvania courts have adopted what is known as the "reasonable use" doctrine, also called the "American Rule.".
A dam permit is required if the proposed dam will be built across a stream and it meets one of the following criteria: a. The contributory drainage area exceeds 100 acres. The drainage area is the land area that, during a storm event, contributes water runoff to the impounding area.
A. Under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344), PASPGP-6 authorizes regulated activities in waters of the United States, including wetlands and navigable waters, within the Commonwealth of Pennsylvania.
Pennsylvania's groundwater law is based on the so-called ?American Rule.? Under this rule, landowners may withdraw percolating groundwater from beneath their property for any ?natural and ordinary? use without regard for neighboring users.