I don't understand the perception check thing. Perception is for hidden threats. Things which are obscured, concealed, hiding, or otherwise blocked from your vision. If it's out in the open and within your field of vision, then you see it. No check.
I think I will try a different tactic here.
Let's say a party of orcs is in the distance, pursuing the party. The party will want to know when they can see them, so they know what direction they're coming from, whether the party has time for a short or long rest, whether setting up an ambush is practical, whether they can outrun them to the next town, time to lay a trap or cast a lengthy spell, etc..
So I guess the real question is for the DM: Do you want the party to be able to see them at that distance so they can do something lengthy in reaction, or not?
I don't think that's a silly question. If you want the party to be able to get in something lengthy before the encounter, then just let them. If you don't then don't. When an encounter "can" start is firmly in the DMs realm of control.
I am not really seeing what anyone gains from making this a random chance issue dependant on a die roll. I'd say just make the call rather than fretting over real-world science simulation issues with this one.
Calling for a perception check is relevant in styles of play where the parameters of a possible encounter are determined by the strategic choices of the party (and the strategic decisions of potential antagonists, as roleplayed by the DM) rather than by what the DM "wants". In this style, the value of the perception check is specifically that it shows the players that the game world operates organically and the DM is
not doing what you suggest and simply deciding whether or not the orcs are far enough away that the PCs have ample prep time.
My advice to
@Stalker0 is to rely on the core mechanic of 5e: if the distance (and weather and intervening terrain, etc.) is such that you're sure the party notices the other creature(s), great, no check needed. If they're obviously out of line of sight, also great, no check needed. If you're on the fence,
that's when you call for a roll, because there is uncertainty and a meaningful consequence for failure (i.e. if the check is failed the party has a worse strategic position than if the check succeeded, and the party's strategic position is always relevant in this style of play). You can set the DC based on your intuitive feeling of whether you were closer to ruling an automatic success or automatic failure. This advice assumes, of course, that you're running a campaign in a style that values such strategic play. If you're not, then I'm entirely on board with
@Mistwell : just decide at what distance someone is seen based on your preferred design for the upcoming encounter.
Because there are strong differences of opinion regarding how 5e's core mechanic should be applied, I would like to clarify that from my perspective, such a check is still being called for in response to the PCs' action declarations. The party declared this particular route to travel, and calling for a perception check to resolve the distance at which a particular creature is noticed as a result of that choice is simply part of adjudicating the results of that (strategic) action declaration. I acknowledge that in other styles of play the check may not be tied closely enough to the action declaration to qualify as a valid use of the core mechanic.