The first place to start when planning any new body of water, especially one that will be fed by an existing creek or river, is with the regulating bodies of your county and state. Without proper permits and permissions, you could end up paying tens of thousands of dollars in fines for building an unapproved water feature. Even small ponds, for just a few dozen fish, are often regulated in many states and areas. Unfortunately, the process of permitting a pond or lake is further complicated by the fact that it varies greatly from state to state. Here’s a basic rundown of the various levels of regulations that might affect the design and construction of your new fishing lake.
Using or Affecting Local Waterways
Regulations on the waters that flow across the country and collect in the various rivers, lakes, creeks, and streams begin at the federal level with the Environmental Protection Agency (EPA). All official Waters of the United States are protected by the EPA under the Clean Water Act. This means that almost any activity that will change the current amount of water running into rivers will require EPA approval and certain permits. All but the smallest backyard fishponds qualify for this kind of approval. If you plan to cover more than a quarter acre of ground with water or will involve any natural water source like a creek or stream, make sure to seek EPA permitting first. Ponds and lakes used for agricultural activities are generally exempt from this kind of approval, but they must have a legitimate agriculture use, aside from fishing, that can make them appropriate for raising fish.
Land Disturbing Activity
At the state level, most construction work, that disturbs more than a few cubic feet of soil, will also require extensive permitting and may need an engineer’s assistance. This is because any kind of excavation into the ground has the chance of redirecting water and increasing flood risks if incorrectly designed. Even ponds that don’t fall under the jurisdiction of the EPA on the federal level may still require a state agency permit. Talk to the code enforcement office for the county where the lake or pond will be built. They’ll have information on both local and state level regulations. In some states where groundwater is rare or in high demand, there may be half a dozen or more agencies involved at the local and state level for lake development. Give extra time for securing land disturbance permits since they often require multiple stages of exchange with engineers, committees, and more.
Watershed Protections
Agricultural zones are often particularly restrictive on the construction of new, large lakes, because these features will capture water and keep it from recharging the watershed. The watershed is the entire area that collects runoff and funnels it into an existing aquifer, water table, river, or lake. Putting in a fishing lake, that captures thousands of gallons of runoff during each storm, could result in lower water levels for nearby farmers or landowners. Watershed protection zones, and special permits for construction that affect them, are an attempt to limit these problems or at least track and address them.
Other Zoning Restrictions
For homeowners with larger properties, that just want their own fishing lake or pond, there is often an unpleasant surprise when they find out zoning restrictions limit their ability to add water features. Residential properties, even large ones, are often strictly limited to basic types of outdoor construction. A small backyard pond, of a few hundred gallons, may be allowed by the same zoning codes that ban larger water features of thousands of gallons. It’s often necessary to choose a property that’s already zoned as agricultural or recreational or to change the zoning on an existing piece of land.
Invasive or Protected Fish Species
Finally, don’t forget about the limitations on importing and raising certain fish species because of their invasive nature. Fish are easily transported by birds of prey that pick them up and accidentally drop them in other bodies of water. Other birds eat fish eggs and deposit them to hatch elsewhere. This can easily spread damaging species like grass carp into sensitive natural eco-systems, even after you’ve gone to great lengths to secure your fishing pond. Protected fish species are usually hard to procure and may be illegal to grow if it’s impossible to tell where you bought them. Make sure all the fish you plan to stock are easily available and legal to raise in your state.
As you jump through the hoops of regulations and permits, you’ll likely need to outline how you’ll construct the lake to prevent it from affecting nearby ecosystems. Make sure your designs include plenty of impermeable and flexible liner materials from BTL Liners.
