Agricultural Construction and Ag E&S Plans: What You Need to Know

Agricultural Erosion & Sediment Control (Ag E&S) planning is a required process under Pennsylvania Law that helps prevent soil erosion and sediment from leaving agricultural fields and entering nearby streams, river, and waterways. 

An Ag E&S Plan identifies how farming activities will be conducted in a way that: 

• Minimizes soil loss 
• Reduces sediment runoff
• Protects water quality 
• Keeps farms in compliance with Pennsylvania's Clean Streams Law (Chapter 102)

Watch the Video Below to learn more about Agricultural E&S

Why Is Ag E&S Needed? 

Soil Erosion doesn't just remove valuable topsoil - it can carry sediment, nutrients, and pollutants into surface waters, impacting drinking water, aquatic life, and downstream communities. 

Ag E&S planning helps: 

• Keep productive soil where it belongs - on the field 
• Reduce sedimentation in streams and rivers 
• Protect local and downstream water quality 
• Ensure agricultural operations meet state regulatory requirements 
• Avoid enforcement actions or violations 

What Should be Included in an Ag E&S Plan? 

An Agricultural Erosion & Sediment Control Plan is a written, site-specific document that outlines how erosion and sedimentation will be controlled on agricultural land. 

An Ag E&S Plan must include: 

• A Farm or Field map showing: Field boundaries, Streams, waterways, and drainage patterns, and Soils and slopes
• A description of current and planned farming practices
• Soil loss calculations (average annual soil loss compared to soil tolerance)
• Best Management Practices (BMPs) used to control erosion and sediment 
• Identification of Animal Heavy Use Areas (AHUAs), if applicable 
• An implementation schedule for practices
• Documentation kept on-stie and updated as conditions change

Plans must be maintained and updated when land use, crop rotation, or management practices change. 

When Is an Ag E&S Plan Required? 

Under Pennsylvania's Clean Streams Law (Chapter 102), an Agricultural Erosion and Sediment Control Plan (Ag E&S) is required for all agricultural activities that disturb the soil. 

An Ag E&S Plan is required when: 

• Soil disturbance of 5,000 square feet or more occurs on an agricultural operation. 
  • this includes traditional tillage, earth moving activities , and (ACAs) when the disturbed are meets or exceeds this threshold. 
• Less than 5,000 square feet of disturbance may still require an Ag E&S Plan when a conservation plan is being submitted for review or approval.

Examples could include: 

• Plowing or tilling (including no-till)
• Cropland, hayland, and pasture operations
• Row cropping and planting
• Grading or reshaping fields 
• Animal Heavy Use Areas (AHUAs) such as Barnyards, Feedlots, Exercise Lots, and Loafing areas 

Even small fields or partial-field operations must be covered by an Ag E&S Plan. 

Plans are not submitted for routine approval, but must ben written, implemented, kept current, and available upon request. 

How Do I Complete an Ag E&S Plan? 

Option 1: Complete the Plan Yourself

Landowners and operators are allowed to develop their own Ag E&S Plans using approved tools and guidance. 

This option works best for: 

• Smaller or less complex operations
• Producers comfortable with maps and soil loss calculations

Resources may include: 

• Commonwealth of Pa Agricultural Erosion and Sediment Page
• PA One Stop
• NRCS soil data and conservation practice standards 

Option 2: Hire a Qualified Planner 

You may choose to hire a qualified professional to prepare your Ag E&S Plan. 

This option is recommended for: 

• Larger or more complex operations
• Farms with Animal Heavy Use Areas
• Operations planning for future improvement or expansions 

Qualified planners may include: 

• Conservation District Staff 
• NRCS Planners 
• Private consultants

Construction Activities on Farms: E&S Plans and Permits 

While routine agricultural activities are covered by an Agricultural Erosion & Sediment Control (Ag E&S) Plan, construction activities on farms are regulated differently. 

When farming activities shift into construction or earthmoving, additional requirements may apply. 

When Does a Farm Project Require an E&S Plan? 

A standard Erosion and Sediment Control (E&S) Plan is required for non-agricultural earth disturbance activities on a farm when: 

• Earth disturbance exceeds 5,000 square feet, and 
• The activity involves construction, grading, excavation,  or land development

Examples of farm-related construction activities could include: 

• Building or expanding barns or farm buildings 
• Farmstead improvements 
• Driveways, access roads, or pads 
• Utility installation 
• Significant grading or exaction

These activities are not considered routine agriculture and are regulated as construction activities under Chapter 102.

When Is an NPDES Permit Required? 

An NPDES permit may be required in addition to an E&S Plan when certain thresholds are met. 

An NPDES permit is required when: 

• Earth disturbance equals or exceeds 1 acre, or 
• Less than 1 acre if the activity is part of a larger common plan of development, or 
• The operation meets the definition of a Concentrated Animal Operation (CAO) or Concentrated Animal Feeding Operation (CAFO)

An E&S Plan or Ag E&S Plan is still required even when an NPDES permit is needed. 

Not Sure Which Applies? 

If you are planning construction activities on a farm, contact the Clinton County Conservation Page before starting work. 

Early coordination helps determine: 

• Whether an Ag E&S Plan or E&S is required 
• If an NPDES permit is triggered 
• What steps are needed to remain in compliance