Pond Boss Forums POND CONSTRUCTION Selecting a site Pond legality question- location Texas

I was showing a friend a spot in my pasture where I wanted to build another pond..He said it was illegal because the dam would be too close to the property line...he also said I needed a 12' drop if I wanted a 12' deep pond (I thought thats what a dozer was for) none of this made sense to me.

Sgt...Wait for an expert but that just doesnt make sense to me.Im in central Tex. and I see dams next to and even on property lines.I share a pond with a nieghbor and have a dam about 20 ft from the property line to separate it from the pond on my property.If he could Im sure he'd sue me as we dont get along at all.
BTW,he sues everyone he gets a chance,I think thats how he makes a living.

SGT911,

The legality of where your pond is in relationship to the property line depends on your township and their posible zoning regulations.
The depth of the pond is determined by either the dam height and the depth of the water impounded by said dam or the excavation depth if no dam.

Sgt911:
The only regulation here in Texas is that the water must drain off the property as it did before the pond was built. In other words, you can not redirect the drainage. Not exactly sure about the 12' drop for 12' deep.
Otto

huh?
I love amateur lawyers, like me!

As mentioned above, there is a common law (sometimes codified into state law) restriction about 100% sequestration, aka not letting the natural flow continue below the dam. Lots of law suits about that one as you can see how lawyers can get cute with the definitions.

The rest of your friend's legal advice looks bogus. 1) most TX counties have no regulation on this. (are you in an incorporated area?) 2) Have the local Department of Ag (USA) NCRS agent come out and look it over. She/He is hands down the local expert, and is likely, as in my county's case, the "expert witness" for the county commissioners and courts. And, if she/he is set up right, she/he may do the entire survey for free.

The new pond would be in the black area north of the existing pond. The red is the property line. I also own the wooded property to the southwest outside the red area with the other pond in it.the red area is 42ac and the other part is 44ac which is only half in the photo.