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post #1 of 32 Old 12-02-2018, 09:19 AM Thread Starter
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Thinking of digging a pond.

I'm trying to decide if I should try for a permit or go with the saying easier to ask for forgiveness than permission.
The area is you typical low area that's good for nothing. I'd like to get a hoe in and have it dug this winter, & then I could work on the landscaping next summer.

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post #2 of 32 Old 12-02-2018, 09:36 AM
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Re: Thinking of digging a pond.

Digging in a lowland in mn without a permit? Hard to say, but maybe you could just do it. Your worry will be if a neighbor wants to create trouble for you. If they do, you may get drug through the muck a bit. Then the next thing is if you could get a contractor to do the job without being permitted. For myself I donít think the gain would be worth the possibility of the pain.
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post #3 of 32 Old 12-02-2018, 10:11 AM
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Re: Thinking of digging a pond.

Pics of the area, please; and distance of the nearest neighbor.

I dredged out and created a land bridge across the swamp for my neighbor three years ago. He hasn't been pinched about it yet, and had a county inspector out for a garage he built right next to it.

It was not stealthy:

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post #4 of 32 Old 12-02-2018, 10:35 AM
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Re: Thinking of digging a pond.

Wow--that's a LONG reach on that trackhoe boom !....never seen one like it before!.


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post #5 of 32 Old 12-02-2018, 10:43 AM
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Re: Thinking of digging a pond.

Let's say you need dirt somewhere on your property, maybe to raise a garden bed or some low spots in your lawn. You have a spot that has good dirt in an area you don't use much. You dig that dirt out to move where you need it. The resulting low spot fills with water naturally.

Did you dig a pond?
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post #6 of 32 Old 12-02-2018, 10:46 AM
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Re: Thinking of digging a pond.

With the EPA and their interpretation of the Navigable Waters Rule, it is quite difficult to say.
Case law in MN says that you have to own all the land around the pond you want to build from the low area. Even there, likely best to get a permit and allow the bureaucrats their piece of flesh or they may take most of yours.

https://www.bpslawyers.com/Articles/...e-Waters.shtml
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post #7 of 32 Old 12-02-2018, 10:19 PM
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Re: Thinking of digging a pond.

How lucky do you feel? Go get the permit.
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post #8 of 32 Old 12-02-2018, 11:56 PM
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Re: Thinking of digging a pond.

Quote:
Originally Posted by Cat385B View Post
Pics of the area, please; and distance of the nearest neighbor.

I dredged out and created a land bridge across the swamp for my neighbor three years ago. He hasn't been pinched about it yet, and had a county inspector out for a garage he built right next to it.

It was not stealthy:

Attachment 2349807
Thats a nice long stick there! You could get into harbor restoration with a rig like that. That brings pretty decent pay in this area.
So when you do that work for the neighbor, aren't you wondering what might happen to you if he gets checked out? Especially while doing it? I have seen quite a bit of non-permitted dirt work go on, and haven't heard of many problems over it, but still I'd be a bit shy about doing it. Used to be that the county would just issue a fine, but I have seen a couple lately where they demand restoration work to make it as it was.
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post #9 of 32 Old 12-03-2018, 01:55 AM
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Re: Thinking of digging a pond.

I worked with a guy who dug 2 ponds on his place North of St Francis.
He claimed the DNR was out to check on him and they had arial photos of the job.
His house and the ponds were a long way from the street and not seen from the street, no close neighbors.

I'd get the permit/s.

Dan

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post #10 of 32 Old 12-03-2018, 06:27 AM Thread Starter
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Re: Thinking of digging a pond.

Any good stories I can tell to help get the permit?

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post #11 of 32 Old 12-03-2018, 07:42 AM
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Re: Thinking of digging a pond.

Quote:
Originally Posted by 77cruiser View Post
Any good stories I can tell to help get the permit?
Just take the county commissioners, or the like, to lunch one day and pick up the tab. Perhaps an envelope placed in the silk napkin or under the fine china plate with a small token inside will do the trick. [sarc]
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post #12 of 32 Old 12-03-2018, 11:50 AM Thread Starter
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Re: Thinking of digging a pond.

Just went & talked to the soil guy for the county. Don't need a permit as it's not by a lake or stream & it will be less than 10000 sq.ft.

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post #13 of 32 Old 12-03-2018, 12:04 PM
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Re: Thinking of digging a pond.

You should likely get that declaration in writing from their main office. That way you can be grandfathered in should the distances or sizes change in the future.
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post #14 of 32 Old 12-03-2018, 05:59 PM Thread Starter
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Re: Thinking of digging a pond.

Well if it's too much in the future I won't have worry about it. If you know what I mean.

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post #15 of 32 Old 12-04-2018, 09:50 AM
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Re: Thinking of digging a pond.

"...the land of the free....and the home of the....brave". No further comment.

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