Pond Boss Forums INTRO Questions & Observations ACoE permit not mentioned in pond building article

Just as a data point here. I live in Upstate NY. I recently ( fall 2003 ) put my pond in my backyard ( which backs up to but - over 200 yards away - from certified wetlands ) I cut into a small seasonal creek, but did not divert it, to provide water to the pond. The outlet of the pond kicks back into the creek about 200 feet from where I cut into it. I initially talked to the Army Corp to verify things and what permits I needed. Since I was not stopping the creek only taking some water off from it and since I was not within 100 yards of the certified wetlands I was told that no 404 permit was needed. I then went through the local soil and water department and asked what permits were needed and if there was any need for federal involvement since it was so close to wetlands. They came out and shot the pond and dug the test holes and readied everything and the answer was a resounding NO there was not any needs for a permit from the County, State, or Federal. They did say contact the town to see if there were any building permits required. I did so and found there wasn't any required there as well. Thus I went ahead and built the pond as laid out by the Soil and water group and had the full knowledge and blessing of the Amy Corp and all local - Federal governments.

Now I am not sure why they would say one thing to you and in my case I was told there was no need for any permits. Maybe it was the size of my pond ( about .25 A ) or maybe it was the way I cut into the seasonal creek. These may be things you may want to check into. All I can tell you is that Yes I did go through the process of looking into all of the permits I thought I needed and was very open and courteous and kind to all involved and found that indeed I did not need the 404 to put in my pond let alone any other permit.

To this date the only permit I have ever had to get is one from the DEC that shows I own a farm pond. That permit was needed to show to the hatcheries that I can purchase any fish I want for stocking purposes in my pond.

I hope that this helps and gives some other perspective on the situation. I truly believe that as you go to state to state and see how the different agencies in those states interpret the laws, they come out with varied outcomes. Mine is just one example of how you can talk to all the same people and agencies in a different state and get a totally different answer.

Good luck and we all feel your pain on being denied something I think we all feel is our right to have on our own property.