# permit for small pond?



## tree cutter 08 (Apr 17, 2015)

Is a permit required to build a small pond? Probably about 40x40?


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## T-N-T (Apr 17, 2015)

You need to check with your county,

I built one down here in south GA.  It required an excavator.  That was all.  But I cant speak for White.


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## REDMOND1858 (Apr 17, 2015)

I would do all things possible to keep any form of government from being involved....otherwise you might as well buy a lifetime membership to a catfish restaurant.


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## tree cutter 08 (Apr 17, 2015)

I agree. Glad I'm not the only one that think a like you!


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## swamp hunter (Apr 17, 2015)

I've dug 3 of them on different properties down here.
First one I went and got a permit for. Diagrams and  shoreline slopes, all that.
First thing the county  guy said was.. Thanks for getting a permit nobody ever does..


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## SASS249 (Apr 18, 2015)

This is NOT a situation where you go ahead and take your chances of getting caught.  There are ponds and there are ponds.  If you are simply excavating a hole in the ground and no stream is involved that is one thing.  If however, you are excavating and impounding a stream that is an entirely different question.

It also matters greatly where you are in the state.  In White County almost every stream is legally classified as a trout stream.  Impacting a trout stream is not something you want to do.  Also, there are a lot of folks in White County that will file complaints regarding any such activity.  Unlike much of south Georgia there is little you can do in the mountains without somebody noticing.

If you check the link below and scroll down to the pond building and renovation section you will get a lot of information that could save you much trouble.  http://epd.georgia.gov/erosion-and-sedimentation

You can end up on the wrong side of the county, the state and the Corps of Engineers in a hurry.  

I unfortunately have a lot of experience with this type of situation including a number of projects in White County.  Done right there is no problem, done wrong they can have pretty devastating results to your pocketbook.


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## Flaustin1 (Apr 19, 2015)

SASS249, Do you work for/with the EPD? Ive got to put a pipe in a creek that is considered state waters.  I cant seem to get any help from them.


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## SASS249 (Apr 19, 2015)

Yes I do work for EPD.  PM sent


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## The Longhunter (Apr 19, 2015)

SASS249 said:


> This is NOT a situation where you go ahead and take your chances of getting caught.  There are ponds and there are ponds.  If you are simply excavating a hole in the ground and no stream is involved that is one thing.  If however, you are excavating and impounding a stream that is an entirely different question.
> 
> It also matters greatly where you are in the state.  In White County almost every stream is legally classified as a trout stream.  Impacting a trout stream is not something you want to do.  Also, there are a lot of folks in White County that will file complaints regarding any such activity.  Unlike much of south Georgia there is little you can do in the mountains without somebody noticing.
> 
> ...



I'm working in this area on a project right now.

It's made a believer out of me.  I'm all for the "it's easier to ask forgiveness than permission" BUT

You may get away with it, but the fines for getting caught are off the wall.

Start out by checking with the Soil and Water Conservation District.  They are the most "friendly" agency and may do a lot of the the engineering for you.

SASS249 has given you good advice, but enough if you are not impounding a stream, any runoff into "waters of the state" will bring the entire State and Federal Bureaucracy down on you.


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## Scrapy (Apr 19, 2015)

Plus if you are excavating where there is a high enough water table to be satisfactory for a pond, even if no surface water or runoff is present, there is a likelihood that you would be "impacting" "wetlands" under the jurisdiction of the Army Corps of Engineers and whether that spot is "isolated" or "connected".  Provided no trees would be pushed up "land clearing" the excavation may be ok provided that the "fill material" is not placed in a jurisdictional area. The trouble with that is if you don't have a jurisdictional verification signed by the Corps it's hard to prove that the spoil was Not placed in a jurisdictional area, especially after it is placed. Good Luck.
Tiny little pond like you are talking about sounds like a "livestock watering or irrigation" pond if agriculturally situated and therefore supposed to be "exempt" . Again, Good Luck.


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## watermedic (Apr 20, 2015)

Something as seemingly insignificant as a hard rain washing silt into a receiving stream could put you in the poor house if the stream is considered "pristine". You will pay dearly for every fish that turns belly up. Not to mention the environmental impact caused and the price to return it to better than before conditions.

Follow the rules completely and you will be grateful you did later.


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## tree cutter 08 (Apr 20, 2015)

Don't think ill fool with it. Sounds like more trouble than it's worth.


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## The Longhunter (Apr 20, 2015)

tree cutter 08 said:


> Don't think ill fool with it. Sounds like more trouble than it's worth.




I wouldn't give up without talking to your local Soil and Water Conservation district supervisor.

You are paying for them, you might as well use them.  They can tell you real quick if you are exempt, or what you will have to do.  Key thing to remember is that you want it for watering your livestock   (not to much irrigation in the mts.).


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## Luke0927 (Apr 21, 2015)

What exactly is "impounding a stream"  We have a neighbor who as done 3 small and I mean small ponds for his grandson of a creek we share, with the first "pond" feeding the other 2 (all home made off the record etc...)


I have thought of doing the same....I would just need to pipe into the creek for inlet, then in my "cow watering hole" ( it is in a fenced in pasture with cows removed at this time) set my outflow pipe to the depth I want and let it fill.

Not sure when or if I would get around to this but it is in north GA and would keep a few trout for the kids.


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## OleHickory (May 11, 2019)

I am interested in building a pond soon and I have been trying to research up to date information. Apparently the NRSC and US Army Corp of Engineers do not have the field level agreement anymore for handing out farm pond exemptions. So it seems that if you want to get an exemption, you have to deal directly with the USACE. I called and spoke to a rep from USACE this week and he stated that if you are not altering a creek/stream, or digging in wetlands, that you do not have to obtain a permit for exemption. 

I still am going to continue to do research as I do not want to be fined or get into legal trouble. I want to build a few acre pond on my property and I will not be messing with a creek or anything. 

I also have seen and trying to keep up with Trump's bill he is trying to pass that involves the clean water act where it will apparently become more lenient for farmers and pond building. 

I would appreciate any input anyone has that could help provide information on building a pond these days with/without a permit.


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## Mike 65 (May 12, 2019)

Interested in this thread as well. Just started researching and any info will be helpful.


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## ryanh487 (May 12, 2019)

Are we talking like a koi pond or a tiny fishing pond? If it's a koi pond,  I'd call up a couple of local pond companies (yes they exist) and ask if they have to pull permits to do work like that for their customers.


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## Mike 65 (May 12, 2019)

I’m talking about a 3-4 acre pond/lake.


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## ryanh487 (May 12, 2019)

Mike 65 said:


> I’m talking about a 3-4 acre pond/lake.


OP asked about a 40x40 pond, I was responding to him.  Sorry,  didn't even notice your post before I responded or I would have quoted him.


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## Mike 65 (May 12, 2019)

ryanh487 said:


> OP asked about a 40x40 pond, I was responding to him.  Sorry,  didn't even notice your post before I responded or I would have quoted him.


No problem. 
Also I just noticed the date.


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## ryanh487 (May 12, 2019)

Mike 65 said:


> No problem.
> Also I just noticed the date.


? whoops... didn't even check that til you said something


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## jimbo4116 (May 12, 2019)

OleHickory said:


> I am interested in building a pond soon and I have been trying to research up to date information. Apparently the NRSC and US Army Corp of Engineers do not have the field level agreement anymore for handing out farm pond exemptions. So it seems that if you want to get an exemption, you have to deal directly with the USACE. I called and spoke to a rep from USACE this week and he stated that if you are not altering a creek/stream, or digging in wetlands, that you do not have to obtain a permit for exemption.
> 
> I still am going to continue to do research as I do not want to be fined or get into legal trouble. I want to build a few acre pond on my property and I will not be messing with a creek or anything.
> 
> ...


I would have the COE send someone out to look at what you are planning.

Had a friend that built about 1/2 acre pond.  No incoming stream, had a deep well to keep it filled. But it did have a dam and overflow stack.  Overflow went into and existing ditch that ran in to, you guessed it, a stream. I think he paid around thirty thousand dollars in fines.


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## Big7 (May 19, 2019)

HOLY OLD THREADS.. BATMAN


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