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Regulation and Permitting

The Arkansas Natural Resources Commission (ANRC) is responsible for permitting and supervising all dams in Arkansas, less those exempted according to Section 701.4 of Subtitle I of Title VII (Rules Governing Design and Operation of Dams) and dams owned by the federal government (US Army Corps of Engineers dams, for example). 

A construction and operation permit must be obtained if:
- the height of the proposed dam will be 25 feet or taller
- the dam impounds 50 acre-feet or more at normal pool
- someone files a petition and the ANRC, after investigation and public hearing, agrees that the petitioner’s life or property would be endangered in the event of the dam’s failure regardless of the impoundment or dam’s size

Fees

Application Review Fee: 1% of estimated construction cost of dam or $100.00, whichever is greater, but no more than $1,000.00. A refund will be issued equal to the over-charge in the event that actual construction costs are below estimated costs. Additional application review fees will be charged in the event that final construction costs exceed estimated costs, unless the fee already reached $1,000.00.

Annual Permit Fee: $0.12 per acre-foot, but no less than $25.00, and no more than $10,000.00 per year. 

The owner is responsible for routine maintenance of dams (preventing woody vegetation growth, for example) and water control structures. The ANRC will periodically visit to inspect safety and functionality of permitted dams according to their size and hazard rating.

Construction Cost-Share Programs

Ponds built for agricultural purposes (livestock watering, for example) may qualify for cost-share programs through the USDA Natural Resources Conservation Service (NRCS). Contact your local NRCS office to see if your pond would qualify for financial assistance. 

What to read next:
- Construction

Additional resources:
- Rules Governing Design and Operation of Dams