Do I need a permit to build a pond in Virginia?

Maybe, and which permits depend on the pond. Digging a pond in Virginia can involve a utility locate request, a local land-disturbance permit, dam-safety rules if the embankment is large enough, and federal permits if the pond touches a stream or wetland. A small pond on dry ground may need only some of these, so ask your locality first.

Call 811 before anything else

Virginia law says "no person shall make or begin any excavation or demolition without first submitting a locate request to the notification center".^[1] That applies to every pond, however small. See the 811 rules for digging in Virginia.

Local land-disturbance permit

Counties and cities run their own erosion and sediment control programs, so thresholds differ. Montgomery County, Virginia, says "a land disturbing permit is required when disturbing more than 10,000 square feet of land", and that this includes "clearing, grading, excavation, transporting and filling of land".^[2] To get one, "an erosion and sediment control plan must be submitted to the County Engineer for review and approval".^[2]

The same county page lists a pond exception: agricultural engineering operations, including "ponds not required to comply with the Dam Safety Act", do not need that permit.^[2] Do not read that as a blanket pass for a backyard pond. It is one county's rule, it applies to agricultural operations, and the Dam Safety Act condition is part of it. Call your own county or city engineer and describe the pond.

Dam safety

A pond held back by an embankment can be a dam in the eyes of the law. DCR says "dams of specified height and impoundment capacity are regulated by the Virginia Department of Conservation and Recreation and are required to comply with the Virginia Dam Safety Act".^[3] The Code counts "all dams that are twenty-five feet or greater in height and that create an impoundment capacity of fifteen acre-feet or greater", and "all dams that are six feet or greater in height and that create an impoundment capacity of fifty acre-feet or greater".^[4]

The definition does not include "dams operated primarily for agricultural purposes which are less than twenty-five feet in height or which create a maximum impoundment capacity smaller than 100 acre-feet".^[4] An agricultural owner may validate that exemption with an Agricultural Exemption Report.^[5] Many small residential ponds are below these limits, but confirm it. DCR's page for dam owners says that "if you have questions about compliance, please complete the contact form and a DCR Dam Safety engineer will respond to you".^[3]

Streams and wetlands

If your pond would be built in or across a stream, or would fill a wetland, federal and state water permits come into play. EPA says Section 404 "requires a permit before dredged or fill material may be discharged into waters of the United States, unless the activity is exempt",^[6] and it lists "water resource projects (such as dams and levees)" among the regulated activities.^[6] An applicant must first show that "steps have been taken to avoid impacts to wetlands, streams and other aquatic resources".^[6] EPA says the U.S. Army Corps of Engineers "Administers day-to-day program, including individual and general permit decisions".^[6] Ask the Army Corps of Engineers and the Virginia Department of Environmental Quality before you design anything that touches flowing water or wet ground.

A contractor who can read your site will usually spot a stream or wetland early. It is far cheaper to learn that before the excavator arrives than after.

Who should do the work

Permits are one reason this is a pro job. The Board for Contractors says that "if the work you are considering is valued at $1,000 or more, a valid Virginia Contractor’s License is required for the license category in which the contractor is to work".^[7] Ask your contractor which permits the job needs, who applies for them and who pays, and get it in the contract. See how a pond is built and what a pond costs.

When to call a licensed pro

For the whole job, and sooner for any pond with an embankment, a stream nearby or standing water on the site. A licensed excavation contractor should confirm the permits, arrange the locate request and, for a regulated dam, work with an engineer. Class C covers a single contract over $1,000 but less than $30,000, Class B covers $30,000 or more, but less than $150,000, and Class A covers $150,000 or more.^[8] Check the licence before signing; see how to check a contractor's licence in Virginia.

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