Legal Issues with having a pond?

[ultrarunner]

My brothers place has the perfect spot for a pond... no danger of runoff damage, etc.

When I mentioned it to him he said it's a great idea but no way would he do it.

Explanation was having water on your property is just another invite for regulators to extend even more control over land use.

Has anyone had any problems creating a pond or given it much thought?

 

[scaredychicken]

garden pond, probably not a big deal

though no experience with digging out an irrigation / fishing pond, I would treat it like a swimming pool - fenced with signage, private property

I know that the creek at the base of our acreage is subject to riparian regulations / fisheries / fish habitat (can't clean up after the beaver knocks down a tree that happens to land in the water ...) . we continue to maintain water usage rights as it will be additional value in the future. no issues thus far.

we live in the country, but the enviro agencies still have a perspective.

 

[hosspuller]

Watch out for the Feds ... State approval doesn't mean anything.

EPA targets couple's private pond in Wyoming, threatens huge fines | Fox News

 

[ultrarunner]

^^^ This is exactly his thinking... why invite trouble?

 

[redman135]

Is there some law regaurding the freehold title that would let you counter charge them with theft or abrogation of title?

 

[brin]

The EPA just enacted regulations giving all water rights to the govt. ..even a mud puddle....their reasoning is that they have the right to regulate and control any water that eventually enters the navigable waterways...They make the case all water eventually ends up in streams, creeks , rivers and the Oceans...Do some Googling for the exact wording of the regulations.

I think your brother is a smart man....We have a pond ...it's spring fed and been here for 50 yrs...I wish we did not have it....because of the Feds but also trespassers, neighbors etc.

 

[dave1949]

Of course all areas/states are different but in areas where water isn't fought over, properly developing ponds and wetlands is usually supported and encouraged. There are correct ways to do it and there are wrong ways. The Feds or the EPA would be the least of my worries in this area. The key here is to stay away from running water and existing wetland habitats when locating a pond.

If a person is willing to follow some sensible rules, they can avoid a lot of problems. It's always the folks who think they know better, or have a constitutional right to be ignorant, that get themselves into trouble in these cases.

 

[EddieWalker]

Back when I lived in CA, a friend of mine had a pond dug on his land on the Pleasanton Ridge. He was retired from the Oakland as a City Planner and ran for the Director of Park Services every election. He loved politics and messing with the Park. He always won until they finally took his land under Eminent Domain to expand the size of the park after forcing all the other land owners to sell at a huge discount because they didn't want to go through all the court battles that my friend enjoyed.

When he dug his pond, they came after him and he told them that the pond had always been there, but it had silted in and became over grown over the years. We took out 50 year old trees, so it must have been a very long time ago that there was a pond there. Since the Park couldn't prove that the pond hadn't been there that long ago, he won the court case and they paid him for his legal fees.

If the Park wants to mess with you, they will find anything to do so. They will ignore their own laws and send out junior rangers to do their bidding with blind obedience. They will accuse you of damaging critical wetland in dry areas, or endangered species that don't even exist on your land. Then you have to go to court and defend yourself.

Here in Texas, if you dig a hole, you can have a pond. If the creek does not have a name, you can dam it up without any permits. If it has a name, then you have to go to the authority in charge of that particular creek for a permit. Any pond over 90 acres requires a permit and the bigger the pond, the harder it is to get a permit.

Texas is also very land owner friendly and if you are not charging for the use of your land, the landowner is pretty much safe from lawsuit if anything happens on his land.

Eddie

 

[wroughtn_harv]

I know a farmer here in the area that filled in an old pond on the home place after a new neighbor complained about the pond not being fenced in. The new neighbor lived in a new subdivision of three to five acre ranchettes and his kids loved fishing in the pond a quarter mile away from the subdivision. But he was worried about kids getting in trouble and someone getting hurt. So the farmer filled it in and made it all part of the big wheat field. New neighbor was upset, his kids had enjoyed trespassing and fishing in the pond.

 

[Soundguy]

besides all the 'wetland' and water resource rules. it would likely be an 'attractive nuisance' when looke dat for liability purposes.. kind alike a swimming pool. might have to fence it in.. etc..

 

[oosik]

I have a small pond on my property and can vouch that having water on your property can definitely bring added problems.

 

[ultrarunner]

The area I think ideal is in direct view of the home and not seen from the roadway.

Looks like it will remain a paddock for the horses.

 

[RumT]

California had some law come out a while back concerning "bodies of water". It was applicable down to the size of something you could float a two person raft in. I'll see if I cant find it ............

 

[oosik]

My property and lake is 80 acres and is located one mile west of the county road down my mile long driveway. The lake is five acres - 80 feet deep and totally contained within my property. Bottom line - there is no access to my "pond" unless a person is trespassing or invited. BTW - this pond is actually a State of WA named lake - even though I totally own access.
As my State Farm insurance agent explained to me - there are concerns. The pond or lake as she calls it probably would constitute an attractive nuisance - legally. Even if a person were trespassing there is still a question of liability regarding this body of water.
I do not carry any additional liability insurance and am ever vigil regarding unauthorized access.

The little lake was for about 45 years stocked with rainbow trout. It was a blast for my son when he was young and lived at home. We ate so much trout I thought I would grow fins.

Now that he has moved on, I no longer stock the lake and simply enjoy it for swimming and a natural watering hole for all the wildlife in the area.

 

[Soundguy]

California had some law come out a while back concerning "bodies of water". It was applicable down to the size of something you could float a two person raft in. I'll see if I cant find it ............

knowing cali.. if you set your drink on the ground it might be regulated!

 

[ultrarunner]

Somewhere I read about a threatened frog that took a liking to a pond... from that moment, the owner lost control...

 

[Larry Caldwell]

Of course all areas/states are different but in areas where water isn't fought over, properly developing ponds and wetlands is usually supported and encouraged. There are correct ways to do it and there are wrong ways. The Feds or the EPA would be the least of my worries in this area. The key here is to stay away from running water and existing wetland habitats when locating a pond.

If a person is willing to follow some sensible rules, they can avoid a lot of problems. It's always the folks who think they know better, or have a constitutional right to be ignorant, that get themselves into trouble in these cases.

Exactly right. The first thing to do is homework. Contact county planning, the division of state lands, the land conservation service, the wildlife department, and the army corps of engineers. Submit plans and get approvals. If you build a dam, it has to be engineered. There are water rights to be considered. I did some erosion control work on the banks of a fish bearing stream a few years back. There were restrictions like no concrete, and I had to cover the riprap with soil and plant native species. I had to do the work during periods of low water flow. The actual permitting process was pretty simple. I drew the plans myself, after researching requirements. Permit costs were minimal.

If you can't take the time and effort to do it right, don't do it at all.