Pond Permit Requirements

Kansas Department of Agriculture (KDA)

When building a new pond or refurbishing an old one, a landowner must obtain a permit from KDA’s Chief Engineer of the Division of Water Resources for the construction, operation and maintenance of any dam that is 25 feet or more in height, or six feet or more in height with the ability to store 50 acre-feet or more of water.

The landowner must also file for a permit to appropriate water on impoundments built to retain 15 acre-feet or more of surface water. Water appropriation rights are obtained through the Division of Water Resources for a fee that is based upon the quantity of water for indirect use (evaporation loss from the surface of the water, and seepage loss). The minimum fee is $200. Without a water storage appropriation permit, the reservoir could be subject to removal, or required to be drained until a permit is obtained.

For information about pond permits or water rights, visit the Division of Water Resources online, call 785-296-3717, or write to the Division at 109 SW 9

th

St., 2

nd

Fl., Topeka, KS 66612-1283.

Kansas Department of Wildlife, Parks & Tourism (KDWPT)

A permit from KDWPT is required to construct a pond or otherwise modify habitat occupied by threatened or endangered fish and wildlife species. For information, call the KDWPT Ecological Services Section at 620-672-5911, email ess@ksoutdoors.com, or write the Ecological Services Section, Pratt Operations Office, 512 SE 25

th

Ave., Pratt, KS 67124-8174.

U.S. Army Corps of Engineers (USACE)

The USACE is responsible for protecting the public interest in waters of the United States. This is accomplished through a Department of the Army permit program. Under this program, most activities involving work in waters of the United States, including wetlands, require authorization from the Corps of Engineers. Individuals, companies, corporations, Federal and State agencies, and local governments planning construction activities in a stream, river, lake or wetland should contact the Kansas City District, U.S. Army Corps of Engineers, BEFORE ANY WORK IS BEGUN.

Persons planning any construction activities in or near any water body should write or call: Corps of Engineers, Kansas City District, Regulatory Branch, 601 East 12th Street, Room 402, Kansas City, MO 64106, phone: 816-389-3990 FAX: 816-389-2032 or visit the Regulatory Branch website.

Farm Service Agency (FSA)

Cost sharing programs administered by the FSA will not be allowed without proper permits. Farm Service Agency personnel are familiar with pond permit requirements and can help fill out applications. For information, visit the Kansas FSA State Office online, call 785-539-3531, or write or visit the Kansas FSA State Office at 3600 Anderson Ave., Manhattan, KS 66503-2511. Natural Resources Conservation Service personnel can also provide this assistance.