Sounds like pond prohibition is being practiced in your state. I'm glad most states don't have excessive rules from preventing us from such pleasures as a pond.
I build what I want to, where I want to, If I have to pay for the consequences later, then that's a gamble I'm willing to take.
You have to determine what risks there are if you build a 'illegal' pond and what the chances are if your caught. If you aren't a gambler, then go by the state's stated rules.
The less you have the government in your affairs the better.
