Delaware County adopts new pond-management ordinance to regulate setbacks, maintenance and decommissioning

Delaware County commissioners voted Nov. 3 to adopt Ordinance 25-24, a new county pond-management ordinance that sets standards for setbacks, depth, vegetation, inspections, decommissioning and enforcement.

Kylene (presenter) said the ordinance is intended "to regulate and promote safe development of ponds within the county in the interest of protecting public health and the property adjacent to parcels that develop" and to support environmental preservation. The ordinance includes maintenance requirements for existing ponds and a pathway for enforcement, penalties and injunction relief.

Commissioners clarified that ponds existing before adoption will be considered legally nonconforming but must be maintained to the standard specified in the ordinance. "If you have a pond currently, as long as you maintain that pond, you should be good," a commissioner said during the meeting. The ordinance requires full compliance only if a pond undergoes a major structural change or expands by 1,000 square feet or more.

The measure also includes administrative items such as permit and inspection authority; county staff said chapter placement in the county code will be corrected to Title 3, Chapter 24 before final codification. The ordinance passed on second reading with unanimous roll-call approval.