ORDINANCE NO. 2025-24

BEING A NEW POND MANAGEMENT ORDINANCE FOR

DELAWARE COUNTY, INDIANA

WHEREAS, The Board of County Commissioners of the County of Delaware, Indiana, considers it necessary to regulate and promote the safe development of ponds within the unincorporated territory of Delaware County, Indiana; and

WHEREAS, in the interest of protecting public health and prosperity of property associated with pond development, permitting will now be required and monitored; and

WHEREAS, environmental preservation shall be mitigated through erosion control within the unincorporated territory of Delaware County, Indiana.

NOW THEREFORE, BE IT ORDANED by the Board of County Commissioners of the County of Delaware, Indiana that Delaware County Code Title 3, Chapter 24, POND MANAGEMENT, shall be inserted with appropriate codification as follows:

Article 1. Statutory Authorization, Statement of Purpose, Definitions

Section 1. Statutory Authorization.

The Indiana Legislature has in IC 36-7-4 granted the power to local government units to control land use within their jurisdictions. Therefore, the County Commissioners of Delaware County, Indiana does hereby adopt the following Pond Management regulations.

Section 2. Statement of Purpose.

It is the purpose of this ordinance to promote the public health and prosperity of property associated with pond development by provisions designed to:

(1)

Impose set-back restrictions to protect Natural and Regulated Drains that assist in the managing and directing waterflow to prevent flooding and erosion.

(2)

Discourage the potential of adjacent properties being harmed by flooding and erosion.

Section 3. Definitions.

County Legal Drain:: Reference IC 36-9-27 Drainage Law; Regulated Drain: open drain, tile drain, or combination of the two.
CSGP:: Construction Stormwater General Permit; regulates stormwater discharges from construction activities disturbing one acre or more of land, or less than one acre if part of a larger common plan.
Dam:: a barrier constructed to hold back water and raise its level.
Decommissioning:: withdraw or dismantle; remove from service.