Whether clearing land needs a permit depends on how much soil the job disturbs, whether wet ground or a stream is involved, and what happens to the brush. In Ohio, Pennsylvania and West Virginia, construction that disturbs one acre or more needs state stormwater permit coverage, Pennsylvania wants a written erosion and sediment control plan from 5,000 square feet, and wetlands, local zoning and burning rules can each add their own step.
Mulching and grubbing are not the same job
Two clearing jobs can look alike from the road and be very different on paper. A forestry mulcher cuts brush and small trees and leaves the roots and topsoil where they are. Pulling stumps, grubbing roots and grading turns the soil over, and moving soil is what the stormwater and erosion rules measure. So the first question to ask is not how many trees are coming down. It is how much ground will be bare when we leave, and what it is being cleared for. Ask your local office how it treats the method you plan to use.
Jeff clears land across northeastern Ohio, western Pennsylvania and the West Virginia panhandle. He will walk your ground, tell you which method fits, and work to whatever plan your township or district asks for. Free estimates.
Ohio: the one-acre stormwater permit
In Ohio, construction sites that disturb one acre or more need coverage under Ohio EPA's construction stormwater general permit, and so do smaller lots that are part of a larger common plan of development or sale. The Notice of Intent goes to Ohio EPA at least 21 days before construction starts, and a stormwater pollution prevention plan has to be written before work begins. Cities and townships in urbanized areas run their own construction runoff programs, and their rules can be stricter than the state permit. In Cuyahoga County, some cities, Berea among them, have the Cuyahoga Soil and Water Conservation District review erosion and sediment control plans before work starts. Your county Soil and Water Conservation District is a good first call anywhere in Ohio.
Pennsylvania: 5,000 square feet and one acre
Pennsylvania sets its first line lower. Under Chapter 102 of the state code, a written erosion and sediment control plan is required when earth disturbance totals 5,000 square feet or more. That is a square about 71 feet on a side, so a house site, a drive and a spoil pile pass it easily. At one acre, most earth disturbance also needs an NPDES permit before work begins. Timber harvesting and road maintenance follow a separate track, with an erosion and sediment control permit at 25 acres. County conservation districts review the plans, so call yours. Around Washington, PA, Greensburg and Pittsburgh, sloped ground makes that plan matter even more.
West Virginia: one acre
The West Virginia Department of Environmental Protection requires operators of construction sites that disturb one acre or more to get coverage under its Construction Stormwater General Permit, including smaller sites that are part of a larger common plan of development. When one party owns the land and another runs the work, WV DEP says getting the permit is the owner's job. On the steep ground around Wheeling and Weirton, a cleared slope sheds water fast, and that runoff is what the rule is about.
Wet ground, creeks and wetlands
Wet woods and creek banks are where clearing jobs get people in trouble. Section 404 of the federal Clean Water Act requires a permit before dredged or fill material is placed in waters of the United States, wetlands included, and the U.S. Army Corps of Engineers runs that program in all three states. Ohio EPA has its own wetland rules, and Pennsylvania DEP regulates work in streams and wetlands under Chapter 105. If a spot grows cattails, holds water most of the year or has a creek through it, have it looked at before a machine goes in. Leaving a strip of growth along a stream bank is often the simpler plan.
What happens to the brush
Burning is regulated differently in each state. Ohio's rules are in our guide on burning brush piles in Ohio. Pennsylvania's open burning rule, 25 Pa. Code 129.14, bans open burning inside the state's designated air basins and limits it elsewhere. Land-clearing waste from construction has its own section: inside an air basin it can only be burned in an air curtain destructor with written DEP approval. In West Virginia, the Division of Forestry sets spring and fall fire seasons, March 1 to May 31 and October 1 to December 31. During those months, burning is banned from 7 a.m. to 5 p.m., the pile needs a cleared safety strip at least 10 feet wide, and the fire must be attended and out by 7 a.m.
A forestry mulcher avoids most of this. The brush becomes mulch on the ground, so there is no pile to burn and nothing to haul. See forestry mulching.
Local rules and buried lines
On top of state rules, your township, borough or city may have its own grading permit, a stream setback, or rules about clearing near a road. A homeowners association or deed can add more. Ask the zoning office before you sign anything. If the job includes pulling stumps, digging or trenching, the 811 center in your state has to be notified first. Our 811 guide for Ohio, PA and WV explains the timing.
Have the answers from your township or district? Call Jeff. He will look at the ground, recommend mulching, pulling or both, and give you a free estimate.
Common Questions
Do I need a permit to clear an acre of trees in Ohio?
If the clearing is construction activity that disturbs one acre or more, or part of a larger plan of development, Ohio EPA's construction stormwater permit applies, and the Notice of Intent is due at least 21 days before work starts. Cities and townships can add rules of their own. Ask your Soil and Water Conservation District what applies to your lot and your method.
How much ground can I disturb in Pennsylvania before I need an erosion plan?
Pennsylvania's Chapter 102 rules call for a written erosion and sediment control plan once total earth disturbance reaches 5,000 square feet, and most projects need an NPDES permit at one acre. Your county conservation district reviews the plans and can tell you what your clearing job needs before it starts.
Can I burn brush from clearing land in West Virginia?
Only vegetative material such as brush and leaves, and during the spring and fall fire seasons only between 5 p.m. and 7 a.m. The West Virginia Division of Forestry requires a cleared safety strip at least 10 feet wide around the pile and someone attending the fire until it is out. Mulching the brush in place skips the burn.
What to Do Next
Make the calls, then call us. Jeff will walk your land and give you a free estimate at (330) 625-5754. Read about land clearing and brush removal, commercial land clearing or lot clearing for new homes.