I think Sunil needs to go back and read my post. I never made any negative comments about Pondboss, in fact I have complimented the magazine and this forum on many occasions. My comment is that in an article about building ponds, permits and the problems of obtaining them should be, but is not mentioned.
Sunil's comment that I have no one to blame but myself just for trying to follow the rules is the kind of attitude that justifies my point exactly. With thinking like this, pond building will, or maybe has, become something that must be done when no one is looking, hoping not to get caught, and with huge consequences when you get busted. When ponds are outlawed, only outlaws will have ponds.
The Army Corps of Engineers is a federal organization. It is not run or controlled by the states in any way. There is only one 404 form, not 50 of them. I would not expect Pondboss to research state laws.
Dave, no offence intended, but your reply demonstrates exactly what I said about most people here have no idea about the permit process. I don't care if you are in North Texas or Manhattan, you need a permit from the ACoE to build it. The NRCS can help you with a lot of the engineering, but they do not issue permits.
Steve, you hit the nail on the head. The district engineer in your area has all of the authority do do whatever they want. I believe this is why there is so much confusion. I have heard from several pond builders in my area that our district engineer is one of the most difficult the deal with. On my very first conversation with her, I introduced myself and started telling her that I wanted to build a pond on my property. She interrupted me and said that she was not allowing any more ponds to be built. I asked why, and told her that she did not know where my property is, how big the pond would be, whether any wetlands were involved (no wetlands anywhere near me), or what my use for the pond was. She told me that I could include all of this information in my 404 form, and that it would then be denied. Period.
Eastland, where the heck do you get off saying that I am trying to take the easy way out? Did you buy or build your pond? Did you get a permit? Thought so.
Once you have water, that's when your Pondboss Magazine pays off. Then why do they write articles about building ponds?
zhkent, you could not be more correct. If you build a pond without a permit, you can be required to put the land back the way it was and pay a huge fine. Who wants to take that chance? Not me. Eastland and Sunil seem to think that this policy is OK.
Everyone, the last thing I'm trying to do is start a battle or get free legal advice. I am just trying to get information from pond owners who have actually applied for and been approved for a 404 permit. Obviously on this forum, these people are few and far between. This is not a slam, just my observation. And this explains why I have only gotten useful information from two members. (You know who you are.)
Someone who knows how to set up an anonymous poll should post the question - How many of you who built their pond had a permit?
I am not bashing Pondboss or anyone else on the forum. If I didn't like what I see here, I wouldn't read it everyday. I am only making a suggestion, and trying to bring to everyone's attention what is going on with the future of pond building. If your attitude is "I've got mine, now you get yours" then please don't reply to my posts.
