Retention ponds are important projects that require planning and approval from multiple agencies on the federal and state levels. The Environmental Protection Agency (EPA) controls storm water management practices at the federal level, and failure to follow their rules can result in large fines. Your state also has its own rules and regulations on how, when, and where retention ponds can be built. Finally, the county and municipality where you want to add the pond will likely also have some say over its design and implementation. Make sure to secure all the necessary permits, design approvals, and agency assistance plans before breaking ground for a new retention pond.
Phase I and II Regulations from the EPA
Rules regarding the handling and discharge of storm water from developed areas is governed by a set of EPA rules known as Phase I and II regulations. These rules were developed in the early 90s to help guide states and counties looking to improve their runoff management plans and reduce pollution. While these regulations are set at the federal level, it’s up to each state or county to implement them in a specific area. If you’re building a retention pond in an area with absolutely no building codes or restrictions on land alterations, you may not have to follow the Phase I and II requirements from the EPA. However, this is a rare situation in 2020 and very few counties or towns in the U.S. lack any kind of regulation on pond creation. Almost every area in the country will require you to follow at least Phase I storm water management practices, so it’s best to read up on them before starting your project.
Impoundment Rights
Since retention ponds stay filled year-round, they require a secondary source of water that remains steady when rainfall is scarce. This means that you’ll need to secure impoundment rights for a stream, creek, spring, or other natural body of water. These natural resources are considered shared in many states, making it expensive or difficult to secure the right to trap it in a new man-made pond. Public retention ponds that are deemed essential by planning authorities tend to secure impoundment rights much easier than optional ponds designed by developers or business owners for their own properties.
State Departments of Natural Resources
Most states have a Department of Natural Resources or similarly named agency that is responsible for planning watershed management throughout the area. Watersheds must receive the right amount of recharging during storms to keep water tables and aquifers filled. Retention ponds play an important role in this process by treating runoff before it can reach natural water supplies. Putting a retention pond in the wrong area could release pollution into a stream or contaminate a lake used for drinking water. It could also direct water away from its usual point of entry into an underground aquifer; reducing the water volume for everyone relying on it. These are just some of the reasons that state level departments are typically so involved in the design and placement of new retention ponds.
Local Codes and Zoning Rules
Building codes and zoning rules also usually stipulate where and how ponds can be built; especially retention ponds. Setbacks from neighboring properties keep you from placing a pond right on the edge of someone’s business or home, while impoundment of existing water supplies may be expressly forbidden by current code. It’s always possible to request an exemption from a certain code or zoning rule by proving the pond is essential or beneficial, but this still adds to the cost and workload of the project and should be planned for if it's necessary.
Start by calling your state's Natural Resources Department and asking them for all the relevant agencies and authorities in your particular area. They'll be able to identify both federal and local agencies that are involved in the permitting and approval process, so you don't miss any essential forms or permits.
Conclusion
Retention ponds are a valuable storm water processing tool that is considered one of many best management practices (BMP) for handling runoff. When built with longevity and maintenance in mind, these ponds can enrich an entire ecosystem by creating man-made wetlands with the same benefits as natural ones. Make sure your retention pond has a strong foundation by designing it around a layer of AquaArmor liner from BTL. We’ve worked on hundreds of retention pond projects and can help guide you through the liner selection and installation process. Contact us today, our experienced team looks forward to assisting you!
