Ponds Resources

Regulations

Pond construction activities in Maryland are regulated under the Maryland Environment Article Section 5-503. A permit is required from the Maryland Department of Environment "to construct, reconstruct, or repair any reservoir, dam, or waterway obstruction, to make, construct, or permit to be made or constructed any change or addition to any reservoir, dam, or waterway obstruction, to make or permit to be made any change in, addition to, or repair of any existing waterway obstruction, or in any manner to change in whole or part the course, current, or cross section of any stream or body of water within the State, except tidal waters."

However, the law provides for the approval of small ponds by a soil conservation district under certain conditions. Generally, a person is exempt from the requirements of obtaining a permit from the Department of Environment if:

--> The plans and specifications are approved by the appropriate soil conservation district.

--> The pond meets minimum standards for safety set forth in Department rules and regulations.

--> The contributory drainage area is less than 1 square mile (640 acres).

--> The dam is not greater than 20 feet in height, measured vertically from the lowest point on the top of the dam to lowest point on the upstream toe of the dam.

--> The pond is a low hazard structure the failure of which is unlikely to cause loss of life or property damage.

All pond plans and specifications shall be reviewed for technical compliance with the requirements in USDA, Natural Resource Conservation Service, Maryland Conservation Practice, Standard Pond Code 378 (January 2000).

Traditionally, the Garrett Soil Conservation District has provided design assistance including construction supervision to any landowner wishing to construct a small pond. As a result of workload issues and availability of engineering assistance, the Garrett District Board of Supervisors has adopted the following policy for servicing request for design assistance.

Policy For Servicing Small Pond Request

A list will be maintained of all pond requests. When a request is logged in, the purpose of the pond will be included. Farm ponds that provide soil and water benefits on agriculture land will be given highest priority. Ponds that are primarily for recreation on non-agriculture land will be assigned a low priority. At the time of request, the landowner will be informed of their servicing status.

Adopted by the Garrett Soil Conservation District Board of Supervisors on August 22, 1989.