It’s essential to understand retention pond regulations for compliance and effective stormwater management. Constructing and maintaining these ponds means adherence to a framework of federal, state, and local regulations.

Retention ponds, also known as wet ponds, are engineered basins designed to manage stormwater runoff, mitigate flooding, and improve water quality by holding a permanent pool of water. Cities are increasingly requiring retention ponds as part of new commercial and residential development projects, since these developments reduce the amount of permeable soil that can absorb rainfall. With less permeable land, retention ponds help control stormwater runoff and channel it into the city’s water management system.

Federal Regulations

At the federal level, the Environmental Protection Agency (EPA) oversees stormwater management through the National Pollutant Discharge Elimination System (NPDES), established under the Clean Water Act. The NPDES program regulates point sources that discharge pollutants into U.S. waters, including stormwater systems associated with retention ponds.

The EPA’s stormwater regulations are implemented in two phases:

• Phase I: Initiated in 1990, Phase I addresses stormwater discharges from large municipal separate storm sewer systems (MS4s) serving populations of 100,000 or more, as well as from specific industrial activities and construction sites disturbing five acres or more of land.
• Phase II: Effective from 1999, Phase II expands the program to include small MS4s in urbanized areas and construction sites disturbing between one and five acres.

These regulations mandate the implementation of best management practices (BMPs) to control stormwater runoff. Retention ponds are a common BMP due to their effectiveness in pollutant removal and flow control. The EPA provides detailed guidance on the design and maintenance of wet ponds to ensure they function effectively and comply with regulatory standards.

State Regulations

In addition to federal oversight, state governments enforce their own regulations concerning retention ponds, often through environmental protection agencies or departments of natural resources. These regulations can vary significantly between states, addressing aspects such as design criteria, permitting processes, water quality standards, and maintenance requirements.

For example:

• Ohio: The Ohio Administrative Code outlines specific requirements for private water systems, including ponds. Regulations cover aspects like construction standards, water quality, and maintenance to ensure public health and environmental protection.
  Ohio Laws and Administrative Code
• Kansas: The Kansas Department of Agriculture provides guidelines for the construction and maintenance of farm ponds, emphasizing the importance of adhering to federal, state, and county regulations to protect public safety and environmental quality.
  Johnson State University

It’s crucial to consult your state’s specific regulations and obtain the necessary permits before constructing or modifying a retention pond.

Local Regulations

Local governments, including counties and municipalities, may impose additional requirements on retention ponds. These can pertain to zoning laws, land use planning, and community-specific stormwater management objectives. Local regulations might dictate pond placement, aesthetic considerations, safety measures, and ongoing maintenance responsibilities.

Engaging with local planning and zoning departments early in the project planning process is advisable to ensure compliance with all applicable ordinances and to facilitate a smoother approval process.

Impoundment Rights

Impoundment rights refer to the legal authorization to collect and store surface water in a retention pond. These rights are governed by state-specific water laws, which can vary significantly across jurisdictions.

Understanding Impoundment Rights

In many states, surface water is considered public property, and its use is regulated to ensure equitable distribution and environmental protection. To legally impound water, individuals or entities typically must obtain a water right or permit from the relevant state agency. This process often involves demonstrating that the proposed impoundment will serve a beneficial use—such as irrigation, municipal water supply, or industrial processes—and will not adversely affect existing water rights or the environment.

Securing Impoundment Rights in Texas

In Texas, surface water is owned by the state, and its use is governed by the Texas Commission on Environmental Quality (TCEQ). To impound surface water, you must obtain a water right permit from the TCEQ, unless your project qualifies for an exemption. Exemptions may apply to certain small-scale impoundments used for domestic and livestock purposes.

The permitting process involves several steps:

1. Application Submission: Complete and submit an application detailing the proposed use, location, and capacity of the impoundment.
2. Public Notice: Provide public notice of the application to allow for comments or objections from other water rights holders or interested parties.
3. Technical Review: The TCEQ reviews the application to assess the availability of water, potential environmental impacts, and consistency with state water planning.
4. Permit Issuance: If approved, the TCEQ issues a permit specifying the terms and conditions of the water right, including the amount of water that can be impounded and the purposes for which it can be used.

Detailed information about the permitting process, including application forms and guidance documents, is available on the TCEQ website.