Pond Construction
Maryland Pond Regulations
Pond construction, reconstruction, and repair are regulated by the State of Maryland under Maryland Environment Article Section 5-503.
A permit is required from the Maryland Department of Environment (MDE) “to construct, or permit to be made or constructed any change or addition to any reservoir, dam, or waterway obstruction, to make or permit to be made any changes in, addition to, or repair of any existing waterway obstruction, or in any manner to change in whole or in part the course, current, or cross section of any stream or body of water within the State, except tidal waters.”
Exceptions
The law provides for the approval of small ponds by a soil conservation district under certain conditions. Generally, a person is exempt from the requirements of obtaining a permit from the Department of Environment if all of the following conditions are met.
- The pond meets minimum standards for safety set forth in Department rules and regulations. (USDA, Natural Resource Conservation Service, Maryland Conservation Practice, Standard Pond Code 378 – January 2000)
- The contributory drainage area is less than one square mile (640 acres).
- The dam is not greater than 20 feet in height, measured vertically from the lowest point on the top of the dam to the lowest point on the upstream toe of the dam.
- The pond is a low hazard structure, the failure of which is unlikely to cause loss of life or property damage.
The Garrett Soil Conservation District does not provide Small Pond Permits at this time. To apply for a permit, or for more information, please contact MDE at 301-689-1487.
