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Zoning/Ordinances for pond in your area

Posted by jennyb5149 3b (My Page) on
Wed, Jan 4, 12 at 16:46

Hi All,

I'm just curious if the city/town where you live has any zoning or ordinances regarding your backyard pond.

My city has nothing about ponds in particular but does have some swimming pool regulations. I suppose in the most literal translation of the definition of a swimming pool in the ordinances, my pond could be considered a defacto swimming pool. The ordinances define a swimming pool as an "outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than one and one-half (1-1/2) feet located above or below the surface of ground elevation" even though it goes on to make it clear they are referring to water people would be swimming in, not water for koi and water lilies.

I'm just getting my ducks in a row. Unfortunately, I have one of those nightmare neighbors who has from day one pushed her boundaries - both literally and figuratively - with me. Despite my taking care to stake out the lot lines before starting my pond construction and setting the pond well back from those lines, I found out she has filed a complaint about my pond with the city.

I got word of the complaint from an acquaintance who works in the city works department. He mentioned that he has had "many conversations" with my neighbor "over the years" indicating he knows what a pita she is. He said the police may or may not decide to come and invesigate the complaint. It's been over week and I have not received notice from the city or any visits from the police dept.

I'm torn between just letting sleeping dogs lie or if I should just call the city planner and clear up the legalities of my having a pond. I normally would be of the opinion "the city hasn't contacted me so I will just let it go" but I'm just concerned now that every time I'm outside trying to work on my pond, my nosey neighbor will be making calls to the police dept. With a major filtration upgrade and retro bottom drain installation planned for the spring, I really don't want to deal with headaches from the neighbor lady.

Any helpful thoughts, ideas, support or shared neighbor horror stories would be really appreciated.


Follow-Up Postings:

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RE: Zoning/Ordinances for pond in your area

Hi jennyb:

Do you live on the other side of my neighbor? lol My house was purchased with my pond in mind. Of course having a pond I wanted a privacy fence. While I was getting estimates from fence companies the woman who owns the house behind me came storming out of her house demanding to know what I was doing. I told her I was getting an estimate for a privacy fence. She asked me if I had my property surveyed because her and her husband were sick and tired of people trying to steal their land. She used to own the house next door to me and said that the neighbors on one side put up a fence and they stole 4 inches of their land. (She inherited the house behind me when her parents died. So,thankfully, she sold the house next door to me to pay for the delinquent property taxes due on it). I explained to her that the new fence was going up on the same line the old fence was. She demanded I hire a surveyor and that she be present during the survey. I asked her if she was going to pay for the survey. She replied, "no." So I told her the day you pay for the survey is the day you will be present. I did hire a surveyor cause I didn't want any problems.

After the fence was installed I had a backhoe come in and dig my pond 9ft wide X 18 ft long X 4 ft deep. I had the soil from the hole piled behind the pond for my waterfall Since it was October and too late to put in the pond my yard just had a large hole and a pile of dirt in it all winter.

When Spring arrived I started putting in the pond. I have a retro bottom drain which at the time was plumbed (underground pvc) to a settlement pond which was plumbed (undergroud pvc) to an underground pump chamber where the water drained to a below level pump before going to my skippy filter. The skimmer had a pump that was plumbed with pvc (also underground) which also drained to the settlement pond. My daughter and s-i-l helped me with the liner and placing the rocks for the waterfall. Of course all of this was being observed by "her" from her upstairs bedroom window which gives her a bird's eye view of my back yard. The pond was filled and pumps running for at least a week to dissipate the chlorine. The pvc pipes were still exposed in case of a leak.

Upon arriving home from work one day I found a citation taped to my front door for my pond for changing the grade of the landscape and installing plumbing and electrical without getting a permit. I called City Hall and explained to the inspector that the plumbing was only for the filter, it was not connected to the house in any way shape or form. We set up an appointment for him to come out and inspect everything. Once we met and talked he understood why I didn't need a permit for the plumbing or electrical (wiring was already there for GFCI outlets), however I did change the grade of the landscape with my waterfall. The more we talked the more he "mellowed out." Then he asked me if the crazy lady still lived next door to me. He said she called the Mayor for every little thing any of the neighbors around her did. I told him she used to live there, but now lived behind me and was the one that filed the complaint about my pond. He told me she also complained that the waterfall was too loud (he said he couldn't understand how she could hear it with it being just a trickle). She also said if the pond overflowed all the water would come rushing into her yard. Go figure! It's underground with a liner. I showed him how my top pond was made from a 200 gallon stock tank that also had a liner in it. It couldn't overflow because it drained in the opposite direction from her house.

What I had to do was go to City Hall and pay for a platt map of my property. Then I had to draw the specs of my pond on the platt map and take it to the permit department. Since the woman was such a pain in the butt and all the inspectors knew her by name they made sure my pond (both settlement, upper and lower) was given a permit for all that and then some. My cost was $75. I wasn't fined because the work wasn't finished yet. I am so thankful I hadn't buried the pvc yet or I would have had to pay a $200 fine. Our city applies swimming pool code to a pond too. The only difference is I had to also get a Health Department permit. They explained to me whenever there is water the health department needs to get involved because of mosquitoes and West Nile Virus. Once she found out she couldn't call the inspector on me anymore she moved on to other things. Like calling the inspector because my downspout on the back of my garage not being connected properly and all the rain was coming into her yard. Due to the numerous complaints against me from her the inspector and I were on a first name basis. He would call me instead of wasting time to come out to the house. He said they had to answer every complaint even though they already knew it was from her. He even took the time to calm me down.

I had my chance to get even when she decided to install one of those huge instant pools in her backyard but didn't get a permit. I don't believe in "getting even". When the inspector came out to see my pond he looked over my fence and asked me who laid the landscaping timbers on the other side of my fence. I told him she did. He wanted to issue her a citation and I asked him not to. I also could have called the city on them when they had a patio poured in their front yard and didn't get a permit. Her husband is a cop and because of that she thinks she owns the neighborhood. Last year someone bought the house behind her and she is now focused on them. They actually piled sandbags along their chain link fence so she can't see what is going on in their yard. I guess there is one pain in the butt neighbor in every neighborhood.

She has a five year old daughter who would watch my fish swim in the pond from the upstairs bedroom window till she fell asleep. One night she was watching the fish when her mom came in and screamed at her to lay down in bed and go to sleep. The poor little girl started crying and said she couldn't fall asleep if she didn't watch the fish. With that her mom slammed the window shut and closed the blinds. I feel so sorry for her 3 kids. All she does is scream at them.

Maybe it's our names that attract the bad neighbors. lol Good Luck with your pond. I am here whenever you need a shoulder to cry on.

Jenny


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RE: Zoning/Ordinances for pond in your area

The lack of clear-cut rules is very annoying. It leaves a pond owner hanging out to dry on way too many levels as far as I am concerned. I hope your post will start a discussion on reasonable and common regulations as well as those that are just plain outrageous.

While I personally don't think a pond is as dangerous or provocative as a swimming pool I know many would disagree. My first thought would be the safety of any children who might be attracted to a body of water that is designed to attract the kinds of critters that fascinate young ones. We live in an area where there are many young families but for the most part they are kept close to home. It is far different than when I was small and we had free run of the neighborhood. My own children had much more freedom than children do now. But there is always the chance of an accident. We need to be aware of the hazards and build accordingly. A frontyard pond is going to be more of an attraction than one that is hidden in the back for example.


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RE: Zoning/Ordinances for pond in your area

Hi Jenny and Sleepless,

Thank you for the supportive posts. I've decided that for now I won't be contacting the city for clarification regarding the legalities of my pond. I'm guessing that in the spring when I am digging a big hole in the ground for a gravity fed filter and running plumbing for 2 new retro drains my neighbor will be on the phone as quick as you can say "b*tch". In which case, either the city will ignore her again or come talk to me. I will welcome to the opportunity to speak with the city inspector like Jenny did if it comes to that. In the meantime, I see no reason to stir up a hornets nest by calling the city to clarify the legalities of my pond right now. Besides, if I wait for my neighbor to file another complaint, she will only be adding to her already stellar reputation as a complainer so who is going to have more credibility with the city inspector then?? ;-)

Thank you Jenny for the story. I don't feel so alone now and know that there is always a pita somewhere. Which is why I'm dreaming of the day I can move to the country on 20+ acres with no neighbors in sight!! LOL Seriously, though, it sounds like your neighbor and mine could be sisters. Almost identical situations with different details. My neighbor has also alienated everyone living around her. The people who are on the other side of her had to go to the city board when the neighbor complained they had planted tomato plants in her yard (they hadn't) and are fed up to their eyeballs with all the "helpful" comments she gives them about improving the appearance of their home and yard. In fact, they've been slowly working on re-siding their home with cedar siding over the past year or two. They told me they have deliberately chosen to re-side the side of their house that faces the cranky neighbor's house because they are so fed up with her telling them what to do with their home. LOL The neighbors who lived behind her actually chose to put their house up for sale and move to the country because of her (amongst other reasons I'm guessing though they told me she was a major reason they wanted to move).

This lady has no boundaries. When I first moved in, I tried to be the nice neighbor who would stop and chat when I saw her outside. Until the conversations turned into hour and half ordeals with her detailing for me all her and her husbands medical problems. By the way, how often your neighbor has to pee at night and the degree of discomfort it causes her is NOT something you ever need to know!! It came to the point where I'd drive around the block to see if she was outside in her back yard before I'd park my car. If she wasn't or was out in her front yard, I could park in the garage behind my house. If she was out in her backyard, I'd park my car in the street and sneak in the front door. Sometimes, though, she'd still catch me when I was on my way into the house after work. I would literally tell her I can't talk because I have friends coming over or was expecting a call. Totally did not phase her. Pretty soon I was telling her I just got home and needed to use the bathroom RIGHT NOW. She'd literally follow me up the sidewalk, up the stairs to my deck and continue talking to me through the screen door until I disappeared from her view.

In the end she took my building a pond as a personal attack and was pissed because now it wouldn't be as easy for her to access my yard to trim her trees into absurd lollipop shapes. She still had room but it would not be a free for all like it used to be. It continued with her giving me "helpful" suggestions for how I could landscape my yard in order to hide my fiance's boat and snowmobile trailer so it wasn't so out in the open "not that it bothered her" at all. Later she told me she liked my pond and thought it was beautiful to which I told her I was having a hard time believing that because I'd heard from my other neighbors that she was complaining I had "ruined her yard" and had heard her complaining to her husband about my pond one day when I was sitting on my deck but she didn't realize I was there and had heard every word. Finally, I had a polite but firm conversation with her letting her know that what happens on my side of the lot line is my business and what happens on her side is her business. Well she didn't take that well at all because next thing I know she's cutting down every tree of hers that was on her lot line and digging up all sorts of flowers and stuff. Passive agressive much? LOL It finally culminated with her demanding I give back the tamper she had leant to me. Not too coincidental that said tamper was being used while I added a waterfall to the pond. Problem was it was my tamper that I had bought at Menards. I called her and spoke with her husband asking him to let her know it was my tamper and I could produce a receipt if necessary. Next thing I know she is up on my deck pounding on my patio door. She proceeded to start hollering at me and telling me to "prove it" that the tamper belonged to me. By that time I was incensed, I told her I'd send my fiance over when he got home from work to show her that the tamper was mine because at that point I was too angry to speak with her any longer. I then shut the door and locked it - thankfully - because pretty soon she is trying to open the door again and continue arguing with me. Crazy apparently runs rampant in the world!! :-)

I'm with you sleepless, it sucks to be left twisting in the wind trying to figure out if your pond is legal or not based on antiquated ordinances. However, in the meantime, I've done my best to keep my pond as unobstrusive as possible by keeping my pond tucked away in the backyard and bordered in the back with a split rail fence and tons of shrubs and trees which also obstruct the view from curious kids. And, nowadays most of the kids in my neighborhood are middle school age or older. Like you, they stick close to home and do not have the freedom to roam the neighbor hood "until the streetlights come on" like I did when I was younger. The neighbors who live behind me (separated by an alley way) have small children. However, that family's yard is enclosed by a picket fence and they also have a small pond in their own yard. I've talked with the family when they moved in over a year ago letting them know I have a pond and that it might be a good idea to not let their kids wander into my yard unsupervised. In addition, I've had these kids at my house with me (letting them pet my kitties which they are enamored with) and every time they come to my house I make time to point out the pond and again impress upon them that they have to have a grown up with them when they look at it.


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RE: Zoning/Ordinances for pond in your area

In some, but not all, neighborhoods, in addition to ordinances you need to be aware of CC&Rs? (covenants, conditions and restrictions ). Is some places these can be more annoying that the laws.


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RE: Zoning/Ordinances for pond in your area

  • Posted by pcan 6b UT (My Page) on
    Sun, Jan 15, 12 at 17:03

When we decided to build our (24' x 17' x 3' deep) pond last spring I was concerned about permits. We decided to do a electrical service upgrade on the old Mother in law house in our backyard so we could run the electrical from there. A friend who is a licensed electrician did the work. He advised we needed to pull a permit and have an inspection to do the service upgrade to the power. So while I was in city hall pulling the permit for the electrical I asked about needing anything for the pond. They quickly said nope and 15 minutes and $40.00 later I was out the door with permit in hand. The massive hole for the pond was already dug when the inspector showed for the electrical. He didn't even bat an eye, looked at the electrical, gave us a thumbs up and off he went.

Our neighbors are all very nice and most have come over to see the pond. Many nice comments about how beautiful it is and that's about it.

I have heard other cities in Salt Lake valley are not so accommodating. One thing I will consider if and when we ever buy another house is what the city's restrictions are on what you can and can't do to your own property. That's a deal breaker to me.


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