Do I Need a Permit to Dig a Pond?
 

If it is a county regulated drain here is the step by step procedure for approval of construction of a pond or shallow water wetland affecting a county regulated drain or drain easement.

1. Determine whether or not a county regulated drain is affected. A county drain is affected if construction of a levee, dam, or other control structure is located within a drain or drainage maintenance easement, or if impounded water will impact storm water drainage within the drain or drain easement. Information and maps of county regulated drain locations are available in the County Surveyor's office.

2. Contact the Miami County Surveyor's Office: The Surveyor or a Surveyor representative will arrange an on site meeting with you. This meeting will help identify options and limitations to incorporate into your plans.

3. Prepare a plan: Prepare a site plan delineating the area to be pond or wetland. Plans should include aerial photographs, proposed water elevation, existing drain elevations, type of structure with location etc. The Surveyor may request additional data in determining drainage impacts to the area. Note: In some instances, wetland restoration projects may be eligible for enrollment into programs such as the Wetland Reserve Program. Assistance in preparing a plan may also be available. For more information please contact the Natural Resources Conservation Service, or the Nature Conservancy. Aerial photography and land parcel information can also be obtained in the Miami County GIS.

4. File a petition: Forms are available in the Miami County Surveyor's Office. The petition form must include the signatures of all "affected" landowners. "Affected lands" are those parcels that will have water permanently ponded, and those adjacent lands that will see subsurface drainage adversely affected due to the effects of the permanently ponded water.

5. Return the petition with plans to the County Surveyor's Office. The Miami County Surveyor will review the petition and plans. If there is additional information required the County Surveyor will contact you or your agent. Additional signatures may be required if upon review the Surveyor determines additional lands are affected.

6. Acceptance of the petition. When the above filings are complete the County Surveyor's Office will schedule the petition to be heard before the Miami County Drainage Board. You will be notified of the date and time for the hearing and you or your agent should appear. In the event that all affected landowner's signatures do not appear on the petition a public hearing must be held before the Board. A date of hearing will be scheduled by the Surveyor's Office and the petitioner will be required to notify each affected landowner by certified mail of the date and time of the hearing. Notification shall be on the "Notice of Hearing" form available from the Surveyor's Office. Return receipts must be provided showing proof of notification. The notifications must be postmarked not less than 30 or not more than 45 days prior to the hearing.

If you have other questions about this, please contact our office.