Does anyone know who I'd need to speak with to find out if a permit is needed on a lake that's 35 acres? Some of you might remember that I built my lake 5 years ago. It's 10.5 acres now. But I've finally been able to purchase the adjoins property that will let me make it bigger. Any help would be greatly appreciated.
Thanks for the link. I called my local TCEQ Rep and he said that I am good to go! No Permit required. We flagged off the area yesterday. This Lake is going to be huge. It will consume my small pond as well completely going over the dam
This is what it will look like when complete. I bought 50 acres from my neighbor to the north. One neighbor on the Northeast Side will have access because he wont sell me 4 acres. He has agreed to signing a contract that will keep him to fishing only on the North Side of the lake , Which will keep him from fishing in my front yard. He has also agreed to Give me a First Right of refusal on his property at Appraised value in case he ever decides to sell. I'm not exactly thrilled about him having access to my lake. But hes an older man that doesn't care to fish to much. He just wants the view. Hes been a good neighbor. I think as long as we have everything in writing then we will remain good neighbors and we can both enjoy a 35 acre lake.
There is a lot of planning and thought in design , construction and mgt of a lake that size. You have to think 3 generations out as well as for now. Have you talked to Otto or Lusk? It would be worth a call.
According to the paper above, you are limited to 200 acre-feet. About 25 acres would still allow for an average 8 foot depth and not exceed that limit.
If I raise my level 1 ft it will be on his land. Its just the way its situated.
TCEQ has said that it is ok at 35 acres. He said the average depth is usually quite less then half of the deepest part due to shorelines being very shallow. He said 4' would more than likely be the average depth.
I just got off of the phone with The Army Corps of Engineers and I think I just stirred up a bee hive. They are saying that I should have had a permit for my original 10 acre lake. Has anyone ever dealt with them? I'm a nervous wreck now.
There are exemptions for land (farm) owners. Of the five I know about. I qualified for three of them. I did not need a permit, and they were happy I asked.
The regulation is part of the 50 series I think. The Fort Worth group was great to talk with. They gave me links to a lot of great info and helpful publications.
Being a farm pond used for erosion control and habitat for my fish and wildlife was one of the main reasons, fire protection was also mentioned.
At 35 acres, several helicopter could DIP at the same time providing your area with a lot of reaction capability.
I just think you need to be able to talk their language to avoid confusion.
Ask for the regulation and read about the exemptions. That should clear things up for you.
Brian
The one thing is the one thing A dry fly catches no fish Try not to be THAT 10%
Thanks for your advise. The guy I talked to was answering the phone for another person and I felt as though he believed a farm pond was only a farm pond if it was an acre or smaller. I didn't argue with him thinking it would only make matters worse. It was the Ft Worth office that I called. He said that he would have someone contact me to discuss the issue.
Be very wary of any contact with the COE. You could be in a real mess! Do you have an attorney with COE experience . Did you give them a name or location?
Yes I did. I gave them my name and address. And gps coordinates. What are you thinking they could do? The state has said that its ok and no permit is required. If I own the land and the State of Texas owns the water. I guess I'm curious as to what the corp of engineers have control of?
I dealt with the COE 18 years ago when wetlands was on their agenda. It took me 3 years to jump all the hurdles. Looking back, I should have done my own thing, built the lake and asked forgiveness if needed. We finally settled the wetlands issue with my having about 4 acres of the 30 ac lake with about 1 ft of water. Our average depth is about 4 feet also. The depth at the dam is about 10.
The other thing I wished to have known, was I ended up with only three islands (two of which fortunately sunk enough to be underwater a foot or two). Now I would not scrape the bottom clean as I did for much of it, and I would have a bunch of submerged islands at different depths and a few above for the ducks and geese to enjoy. I planted some Cyprus trees on my one island. They did great until a beaver took a liking to them. About 100000 trees in the area, and he does a number on my few Cyprus trees.
Word of caution with a shared lake. We make them an invitation and accompany lake only. Meaning, the person can not give permission for anyone else to fish in the lake. He can have all the friends he wants to come over and fish, but he has to be with them at all times. And in your case, make this arrangement for him only. When his body dies, it is over. I use the saying, "it is not about me and you, it is about them."
This is my two cents worth for an Indiana lake. Enjoy.
I think they could and might want to have you drain and restore the existing lake to previous condition. It's dangerous for a land owner to communicate with them or give any information, in my opinion.
You also need to consider his will. Upon his passing, who will get the land? Will they honor the agreement? Plan very carefully.
Agreed be careful. It is quite possible the nice old guy's heirs will sell the property upon his passing and the new owners will have never known the nice old guy. The new owners may have a very different view of things and unlike him they may love to fish. I would avoid a shared lake situation at almost any cost and/or change of plans.
John I hope you are wrong lol. I've built my house over looking my pond. We cross the dam for our drive way. They didn't mention anything about tearing it down. It was more of what permit would be required. I guess we will see.
I don't have any experience with a lake of that size but I do have experience with four foot average depth and I don't like it. At our place, four foot became three and now plant growth is a big problem. I would trade ours for a smaller surface area and deeper average depth any day.
This link shows a fishing pond as an exemption on a USCOE website. I think the guy didn't know about the exemptions. He said it himself that he was typically over seeing much bigger projects.
There are exemptions for land (farm) owners. Of the five I know about. I qualified for three of them. I did not need a permit, and they were happy I asked.
The regulation is part of the 50 series I think. The Fort Worth group was great to talk with. They gave me links to a lot of great info and helpful publications.
Being a farm pond used for erosion control and habitat for my fish and wildlife was one of the main reasons, fire protection was also mentioned.
At 35 acres, several helicopter could DIP at the same time providing your area with a lot of reaction capability.
I just think you need to be able to talk their language to avoid confusion.
Ask for the regulation and read about the exemptions. That should clear things up for you.
Do you recall who you talked to or what department?
Could a secondary dike/dam be made to keep the water on your property and giving access?
How about something like a life estate deed. You pay/buy that 4 acres, you give him the right to use that property with stipulations, and when he passes, it becomes fully yours.
I am not sure I called the transfer/agreement the right thing. But what it does is let him live/use the property as long as he lives, but you actually own it. He can keep it mowed, plant trees, farm it, hunt, fish, whatever.
If he has the money from the purchase, AND can use it really anyway that he wants with but a few stipulations set upon it by you in a legal agreement, then I would think he has something else in mind....like transfer to a future generation. Be carefull.
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