Ponds

Question: I want to build a pond. Do I need to obtain a permit and/or pay a fee?

Answer: A general permit or individual permit is required to construct, dredge or enlarge any part or a pond or artificial waterbody that is either:

Connected to a navigable waterway; or
Located within 500 feet of a navigable waterway
Wildlife pond constructed within a wetland

Note that pond projects for agricultural use, or located in Milwaukee County, are generally exempt from permit requirements.

Follow these steps before starting your project.

Determine if your waterway has a special designation that might affect the exemption or permit requirements.
Determine if your project qualifies for a General Permit.
Apply for either a General Permit or an Individual Permit.

Step 1

Determine if your waterway has a special designation that might affect the exemption or permit requirements. Visit the search page below, enter the information about your waterway, and record any designations that it may have.

Designated Waters Search

Step 2

Determine if your project qualifies for a General Permit. A General Permit is available for three types of ponds: Landscape Pond, Stormwater Pond, and Wildlife Pond. Review the permit conditions found in the application materials in Step 3 to see if your project will qualify. If your project will not meet the conditions of a General Permit, you'll need to apply for an Individual Permit.

Step 3

Apply for a General Permit. To apply for a General Permit, open and print the specific Application Packet and the Fee Sheet found below.

Submit the completed application materials, along with the fee and Fee Sheet, to the location identified on the form. If your project will not meet the conditions of a General Permit, you'll need to apply for an Individual Permit.

Apply for an Individual Permit. To apply for an Individual Permit, open and print BOTH the appropriate permit application for your situation and the fee sheet:

NOTICE: Federal law requires landowners of construction sites with one acre or more of land disturbance to address erosion control and storm water management by filing a storm water Notice of Intent (NOI). If your project involves the disturbance of an acre or more, you will need to obtain required storm water application materials.

If you need both a Chapter 30 Storm water or Landscape Pond Permit and ch. NR 216 storm water permit coverage, the "Construction Project Consolidated Permit" may be used when applying to both programs. Refer to the Application Instructions available at the link above for proper use of the application. Be advised the submittal should contain all of the application requirements found in either the General or Individual Storm water or Landscape Pond Permit Applications found above, which ever your project qualifies for. Failure to submit the required pond application materials will result in longer processing times.

Send the completed application materials, along with the fee and Fee Sheet, to the county where your project is located. For more information about how your application is reviewed, see our web page on the Permit Process.

Other activities associated with pond construction or maintenance may also require permits. These include:

For information about pond management, see Management of Aquatic Plants and Algae in Ponds: Protecting Your Piece of Paradise.

Laws

Applicable statutes and codes include Section 30.19, Wis. Stats. [exit DNR], [PDF 627KB] and Chapter NR 343, Wis. Adm. Code [exit DNR], [PDF 30KB].

Local permits and U.S. Army Corps of Engineers regulations may also apply. We advise you to contact your local zoning office and your regional U.S. Army Corps of Engineers office [exit DNR].

Last Revised: Tuesday August 05 2008