Some local units of government consider ponds to be "structures" and may require a permit, site review, fencing, or fee. Check with local (municipal, township, county) planning and zoning officials to determine what is required before beginning construction of a pond.
The state of Ohio has several laws that apply to impounding water. Those laws of interest to pond owners and the state agency responsible for them are noted here.
Aquaculture is defined as "a form of agriculture that involves the propagation and rearing of aquatic species in controlled environments under private control, including but not limited to, for the purpose of sale for consumption of food." Persons who are producing aquatic organisms for sale as food fish must have a permit. Aquaculture permits are issued annually by ODNR Division of Wildlife. The division may be contacted at 614-265-6300.
A dam is an artificial barrier constructed across a stream channel to impound water. Most dams in Ohio are constructed of earth by farmers and private individuals to create a water supply for agricultural, domestic, or recreation uses. There are more than 50,000 dams in Ohio. Many of these are small and do not fall under the jurisdiction of Ohio's Dam Safety Laws. Dams that are exempt include:
Specific questions about dams, permits, and construction should be directed to the Ohio Department of Natural Resources Division of Water, 614-265-6717.
Water-rights laws in Ohio are complex. Most decisions are based on civil case law. Landowners interested in constructing a pond should avoid creating these situations:
When constructing a pond, a good rule of thumb is to ensure that water continues to enter and leave your property at the same places as it did before the pond was built.
Licenses are required when fishing in public waters, but there are several exemptions related to privately owned ponds, lakes, and reservoirs. A fishing license is not required of persons who are:
Persons fishing in privately owned ponds, lakes, or reservoirs must have a license to take frogs and turtles.
While one benefit of a pond is the wildlife that will be attracted to it, pond owners may be forced to address some of the problems associated with wildlife problems in and around their ponds. Because wildlife is a publicly owned resource, the state has passed laws that govern the management and taking of wildlife. Canada geese, muskrats, groundhogs, beavers, and various bird species may cause nuisance problems in and around the pond. If nuisance situations develop, pond owners should contact their county wildlife officer to determine what actions may be taken to resolve the problem. Contact the Ohio Department of Natural Resources Division of Wildlife, 614-265-6300.
The use of pesticides is regulated by the Ohio Department of Agriculture. Pond owners who purchase and apply pesticides (herbicides, algaecides, etc.) in their own ponds are considered "private applicators" and do not need a license unless the material is classified as restricted (such as rotenone). Purchase and use of restricted pesticides requires training, a test, and a license.
Pond owners, who hire someone to use pesticides in their pond, are employing a "commercial applicator" who has received training, passed a test, and has been issued a license. Pond owners should make sure that anyone they hire to treat their pond is, in fact, licensed to do so. Contact the Ohio Department of Agriculture, 614-728-6270, if you have questions about a particular applicator.
The triploid (sterile) white amur is an exotic fish species that has been specifically authorized for use in Ohio. Diploid (fertile) white amur remain illegal in Ohio. Pond owners wishing to purchase triploid white amur must do so from a dealer who has a valid White Amur Dealer Permit. Contact the Ohio Department of Natural Resources Division of Wildlife, 614-265-6300.