legalities of pond construction

[dick benbow]

Often times as koi-kichi's we talk of the koi and filters and never give a newbee a heads up on what our responsibility is in building a pond. You need to check with your local city or county regs to see if there is anything you need to comply with.

A koi pond is in legaleeze is " an attractive nuisance". Which means if a child sees it or hears the water running and is drawn into your yard....you could be liable! if that youngster drowns or is injured.....

In my neck of the woods, regs insist that the pond be contained by a 6 foot high fence and locking gate.

a word to the wise should be sufficient.....

[dinh]

This is a great thing to bring this up. Specially for people that in process of building a koi pond or plan to build a new one... Different city/county has different code for building a koi pond. Sometime it is top to get approval if you plan to build a large pond. As I mentioned in other thread. My koi buddy went thru almost three years to get an approval (of course, not from his wife;-))) for building his pond.

--Dinh

[Ryan S.]

Dick,

Good topic. Unfortunately, many people are given incorrect advise on this. The truth is that in the majority of the US the local Planning/Inspections folks have no legal authority over Koi ponds. In general zoning is for "human use". Outside of some areas in CA where Koi ponds are common there is no zoning to address them. Otherwise they are not regulated any more than bird houses, dog houses, and such.

The funny thing is when this usually comes up, 20 people will reply that you have to get permits in there town, b/c they called and thats what the inspections guy told them. However, most of the wrong. As to see and zoning regulations that address Koi ponds or animal dwellings and see if they can produce anything. My local inspections department gave the same line, I asked a real estate attorney to find out the truth.

Ryan S.

[karipeters]

As General Contractors in California, we have found that most cities would consider any pond over 2.5' - 3' like a swimming pool, and require the same precautions of a gate and warning bell. It's something to consider...

[Ryan S.]

Quote: Originally Posted by karipeters As General Contractors in California, we have found that most cities would consider any pond over 2.5' - 3' like a swimming pool, and require the same precautions of a gate and warning bell. It's something to consider...

Its not a bad idea to do that, go through the motions. But consider in the majority of cases, that even though they tell you that, it is untrue. Ask to see it in code and you will probably be surpised to see the majority of them have no authority over ponds for fish.

[Ryan S.]

In NC, some of old historic coastal cities have thight zoning and historical boards that have almost absolute authority. Repaint your front door the same color and you will have 200page document on your doorstep from their attorney. Nothing gets done without approval. The same area if you want a swimming pool (no chance of ever getting approved), hire a koi pond builder to put in a Koi pond. No koi ever go in, but chlorine and a sand filter do, its "for fish" and they can't touch it. Try repainting a door and your in court.

[karipeters]

As a contractor in California, here is the process if you are using a general contractor:
customer contacts landscape architect or designer for design purposes (unfortunately, they are always given beautiful looking landscapes, but poorly functioning koi ponds)

Quote: Originally Posted by Ryan S. Dick, Good topic. Unfortunately, many people are given incorrect advise on this. The truth is that in the majority of the US the local Planning/Inspections folks have no legal authority over Koi ponds. In general zoning is for "human use". Outside of some areas in CA where Koi ponds are common there is no zoning to address them. Otherwise they are not regulated any more than bird houses, dog houses, and such. The funny thing is when this usually comes up, 20 people will reply that you have to get permits in there town, b/c they called and thats what the inspections guy told them. However, most of the wrong. As to see and zoning regulations that address Koi ponds or animal dwellings and see if they can produce anything. My local inspections department gave the same line, I asked a real estate attorney to find out the truth. Ryan S.

[Ryan S.]

It may be a good idea for you go that route, pond build to at least pool standards. My point is that you are not required to in most of the US, and even if your local planning board says you are, the majority of the time they are not correct.

[kingkong]

Quote: Originally Posted by karipeters As a contractor in California, here is the process if you are using a general contractor: customer contacts landscape architect or designer for design purposes (unfortunately, they are always given beautiful looking landscapes, but poorly functioning koi ponds)

Maybe in Cal. but in Florida we(Landsacape Archtects) provide our clients with pond design based on thorough understanding of our client's needs and total project function.

[dinh]

Quote: Originally Posted by Ryan S. It may be a good idea for you go that route, pond build to at least pool standards. My point is that you are not required to in most of the US, and even if your local planning board says you are, the majority of the time they are not correct.

That can apply to other states. But not in many cities of Californa.
A lot of requirements for building a large pond here in CA. It is because CA is on the top of earthquake zone.

--Dinh