If you plan to build a pond, lake, or any earthen structure that has a water surface area of 400 square feet or larger, you'll need to obtain a Special Exception Permit before starting construction. This permit ensures your project meets important zoning and safety standards.
Special Exception applications cost $50, plus the cost of the legal ad and mailers. The average total cost is typically $100. The application fee is due by the day prior to the Board of Zoning Appeals meeting.
Setbacks:
Your pond must meet the following setback requirements from:
- 105 feet from any adjoining side or rear property line and from any public roadway
- 75 feet from any public or private easement
- 100 feet from a regulated drain
The setback boundary of a pond, lake, or earthen structure, shall be measured from the toe of the slope of the bank of the pond, or to the high-water level of the pond, whichever is closer to the adjoining property line.
To ensure safety, ponds located near public roadways must include a protective barrier if the pond, lake, or earthen structure is within 150 feet of the center of a public roadway and the water level is at or below the road grade, or less than 6 feet above the road grade. The barrier must be designed to effectively deter vehicles from entering the pond. This could include options such as a strong guardrails along the edge of the pond, earthen berms or sloped embankments that create a physical obstacle, or dense plantings of shrubs or trees that discourage vehicle access. The specific type of barrier required will depend on factors like the pond's size, location, and surrounding terrain.
It's important to manage water discharge from your pond responsibly. Water should not be allowed to flow across neighboring properties, public roads, or directly into roadside ditches. This helps prevent erosion, property damage, and safety hazards.
Additionally, you are not permitted to place any fill within 10 feet of any road right-of-way without first obtaining approval from both the Wabash County Highway Department and the Board of Commissioners of Wabash County. This restriction helps ensure the integrity and safety of our roadways.
The Wabash County Zoning Ordinance covers ponds, lakes, and earthen structures in chapter 6, section 6.1.15.
