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Commission moves to align pond exemptions to 6,000 cubic feet pending state review

Montgomery Planning Commission · January 13, 2026
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Summary

Members identified an inconsistency between two sections of the zoning code—100 cubic yards vs. 6,000 cubic feet—and decided to align exemptions to 6,000 cubic feet unless state jurisdiction uses a lower threshold; Emily will verify state law.

Commissioners flagged an inconsistency: Section 4.1(A)(2) currently exempts ponds under 100 cubic yards, while Section 6.9 exempts ponds under 6,000 cubic feet. The commission decided to make both exemptions consistent at 6,000 cubic feet unless the state sets a lower jurisdictional threshold.

Emily KloƯt will check whether the state has a lower jurisdictional standard and will email the commission what she finds. The change is procedural drafting to remove internal inconsistency in the draft zoning regulations and will return for formal review after state guidance is confirmed.