Planning Commission sends residential-pond regulations to City Council with edits after wide public comment

The Murray City Planning Commission on Oct. 16 voted 4–1 to forward a proposed amendment to Chapter 17.76 (Supplementary Development Standards) concerning residential ponds to the City Council with one modification: the commission struck subsection E, sub‑a (the permit threshold language) from the draft before forwarding it.

Chad Wilkinson, planning staff, presented background and a draft ordinance that would add standards for private residential ponds. He said the work grew from a citizen request at a recent council meeting and staff research of surrounding cities’ approaches. Wilkinson told the commission Murray historically has not required permits for ponds and that municipalities vary: some require permits at 24 inches depth or at volumes such as 5,000 gallons, others use excavation thresholds or different triggers. He said the draft attempted a “light touch,” proposing setbacks (five feet), a liner requirement, electrical-permit requirements for hardwired pumps, and a permit trigger for larger ponds (24 inches depth and more than 5,000 gallons) along with required submittals (soil stability, erosion control, liner details) for those larger ponds.

Commissioners heard public comment from 16 Kenwood and Avalon Drive households and neighbors. Colby Alderson, a Murray resident, said the petitioning neighbors asked the commission to lower the permit threshold to 2,000–3,000 gallons, arguing that medium-sized ponds can cause soil saturation and structural damage to nearby properties. Sherry Van Vitter, an Avalon Drive resident, described pest and invasive-species concerns and said she wants more neighborhood communication when excavations take place. Nick Smolowski, another resident, supported the draft standards and said erosion control and liners are reasonable requirements.

Commissioners discussed enforcement burden, the frequency of ponds that would meet the proposed thresholds, potential costs to homeowners if third-party geotechnical reviews are required, mosquito-control options and available remedies such as civil claims. Several commissioners noted that many pond owners install liners and that fish owners often dig beyond 24 inches to support fish over winter, which would bring many small ponds into a permitting requirement if the draft used depth alone as the trigger.

After deliberation, Commissioner Jake Pearson moved, and Commissioner Aaron Hildreth seconded, a motion to recommend approval of the proposed 17.76 amendments to the City Council with one change: strike subsection E and sub‑a (the specific permit threshold language) from the draft. The roll-call vote recorded yes from Commissioners Jake Pearson, Aaron Hildreth, Ned Hacker and Chair Michael Richards; one commissioner voted no. The motion passed 4–1.

The record shows staff will forward the revised draft to City Council, which may accept, further amend or reject the commission’s recommendation. Staff emphasized the proposed ordinance would not prohibit ponds; rather, it would require minimum setbacks, liners and electrical permits and reserve permitting and detailed engineering review for larger or otherwise flagged installations if the council adopts thresholds.

Votes at a glance: motion to recommend approval of residential pond ordinance to City Council, with subsection E (permit trigger) removed — RECOMMENDED (4–1).