NRCS Pond Standard (CPS 378): National Standard and Every State's Version

RequirementNRCS engineering work must meet applicable Federal, Tribal, State and local laws, regulations and codes throughout planning, design, construction, operation, maintenance, modification, rehabilitation and removal; the State conservation engineer sets procedures for approving and sealing plans, including works sent to regulatory agencies for review, approval, or permits.

RequirementBefore NRCS approves and issues any EQIP payment, the participant must certify the practice was completed per the contract requirements, and NRCS or an approved Technical Service Provider (TSP) must certify it was carried out in accordance with the applicable NRCS FOTG technical standards.

ProcessNRCS's EQIP page says available practices and practice standards vary by state and to contact the local NRCS office; NRCS offers technical assistance at no cost, and Technical Service Providers can help plan, design and implement practices.

ProcessUnder NRCS's technical-assistance regulation, NRCS's role in USDA cost-share programs includes determining needed and feasible practices, selecting sites and planning/designing practices, assisting installation, and certifying that the work done is in accordance with NRCS standards and specifications.

DefinitionNRCS definitions used for dams: a dam is an artificial barrier, with its spillways and appurtenant works, that impounds, may impound, or diverts water; overall height runs from top of dam to lowest downstream-toe elevation; effective height runs from the lowest open-channel auxiliary spillway crest (or top of dam if none) down to the lowest point of the original cross section on the dam centerline.

Size cutoffNRCS keeps an inventory of NRCS-assisted dams; a dam is an 'NRCS inventory dam' if it is significant or high hazard; or low hazard and more than 6 feet in National Inventory of Dams (NID) height with NID storage of 50 acre-feet or more; or low hazard with NID height of 25 feet or more and NID storage of more than 15 acre-feet. For this inventory, USACE NID height and storage definitions apply.

ProcessDam hazard classification is determined at inventory and evaluation and verified immediately before construction by the person with the appropriate engineering job approval authority, and documentation of the classification is required.

StatusNRCS's eDirectives system lists TR-210-60, Earth Dams and Reservoirs with a published date of July 8, 2024 (the document's own cover date is March 2019).

RequirementAll ponds must be designed with a minimum sediment storage capacity equal to the structure's design life, or provide for periodic cleanout, and the drainage area above the pond is to be protected so sedimentation does not shorten the design life. Safety measures to prevent serious injury or loss of life must follow NRCS National Engineering Manual Part 503, 'Safety'.

RequirementExposed surfaces of earthen embankments, earth spillways, borrow areas and other areas disturbed during construction must be seeded or sodded per NRCS CPS Critical Area Planting (Code 342); when necessary to provide surface protection where climatic conditions preclude seed or sod, inorganic cover such as gravel is installed using the criteria in CPS Mulching (Code 484).

RequirementCultural resources: the existence of cultural resources in the project area and project impacts on them must be evaluated, with conservation and stabilization of archeological, historic, structural and traditional cultural properties provided when appropriate.

RequirementEmbankment ponds require a geological investigation (pits, trenches, borings, review of existing data or other suitable means) of the embankment foundation, auxiliary spillway and borrow areas, with soils classified under ASTM D2487-17e1 (Unified Soil Classification System), to identify problem soils such as dispersive clays, collapsible soils, soft clays, expansive clays, low internal-erosion-resistance soils, loose coarse-grained soils, high soluble content soils and caliche soils.

Size cutoffSettlement: the dam must be overbuilt so its settled top equals or exceeds the design top, with a minimum settlement allowance of 5 percent of total dam height at each cross section, unless detailed lab testing and settlement analysis or local experience shows a lesser amount is adequate.

Size cutoffPrincipal spillway pipe: provide an anti-vortex device; minimum inside diameter 4 inches for the principal spillway pipe and 1-1/4 inches for water-supply or other pipes; allowed materials are ductile iron, welded steel, corrugated steel, corrugated aluminum, reinforced concrete or plastic; cast iron or unreinforced concrete pipe may not be used if the dam is 20 feet or more in total height.

Size cutoffInternal erosion protection: when the dam's effective height is 15 feet or greater, pipes extending through the embankment with inverts below the peak elevation of the routed hydrograph need filter diaphragms (for internal erosion control) or anti-seep collars (to reduce hydraulic gradient along the pipe). Filter diaphragms follow 210-NEH Part 628 Chapter 45 and are located immediately downstream of the cutoff trench, but downstream of the dam centerline if the foundation cutoff is upstream of the centerline or if there is no cutoff trench.

Size cutoffAnti-seep collars can be used where the listed soil and site conditions apply, including embankment soils documented to be non-dispersive (by crumb testing or known non-dispersive geologic formations) and a plasticity index of 15 or more. When anti-seep collars are used in lieu of a filter diaphragm, the connection to the pipe must be watertight; collar spacing may not exceed the lesser of 14 times the collar's minimum projection (measured perpendicular to the pipe) or 25 feet; collars may be no closer than 10 feet apart; and collars must increase the seepage path along the pipe within the fill by at least 15 percent.

Size cutoffA constructed auxiliary spillway consists of an inlet channel, a control section and an exit channel; it must have a trapezoidal cross-section, be located in undisturbed earth or in-situ rock, have stable side slopes for the material, and have a minimum bottom width of 10 feet for dams with an effective height of 20 feet or more.

Under its 'Considerations' heading (a section separate from the 'Criteria' section), the national standard says to locate and construct ponds to minimize impacts on existing fish and wildlife habitat, and lists for consideration effects on downstream flows and impacts to the environment (such as wetlands and aquifers) and on downstream uses or users, and short-term and construction-related effects on the quality of downstream watercourses.

StatusAlabama: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Alabama Field Office Technical Guide (eFOTG, state code 01) is "378 AL CPS Pond 2016" (eFOTG resource 30154, revision date 2016-02-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/30154/378_AL_CPS_Pond_2016.

Size cutoffAlabama: the Pond (378) standard applies to all excavated ponds, and to embankment ponds that meet all of the listed low-hazard criteria, including that (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; and (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2").

Size cutoffAlabama: the third embankment-pond criterion is that the effective height of the dam is 35 feet or less. The standard adds that the practice applies where the water resource, topography, soils, and geology are suitable for construction and maintenance of a water supply sufficient for the intended purpose, and states that National Engineering Manual Part AL 501 requires form AL-ENG-27 or AL-ENG-27A and an operations and maintenance (O&M) plan on all earth fill ponds.

RequirementAlabama: under the heading "Regulations Governing the Impounding of Water," the standard states that, to comply with State of Alabama and U.S. Army Corps of Engineers rules governing impounding water or damming watercourses in Alabama, construction of ponds in Alabama may require a National Pollutant Discharge Elimination System (NPDES) permit from the Alabama Department of Environmental Management (ADEM), obtained by the landowner or contractor before construction, based on the amount of land disturbed and the purpose of the pond.

RequirementAlabama: the standard states that federal laws protecting wetlands and other waters of the U.S. require a permit for construction of some ponds, and that according to the Corps of Engineers a Section 404 permit determination must be made for ponds that involve more than 0.1 acre of wetland or other waters of the U.S., unless exempted as part of an established farming operation or otherwise permitted under a nationwide permit.

RequirementAlabama: under the same "Regulations Governing the Impounding of Water" heading, construction operations must be carried out so that soil erosion and air, water, and noise pollution are minimized and held within legal limits established by state regulations, and safety measures such as warning signs, rescue facilities, and fencing are to be included in the plans as appropriate to the location and anticipated use.

StatusAlaska: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Alaska Field Office Technical Guide (eFOTG, state code 02) is "378 AK CPS Pond 2022" (eFOTG resource 37821, revision date 2022-09-14), published at https://efotg.sc.egov.usda.gov/api/CPSFile/37821/378_AK_CPS_Pond_2022.

DefinitionAlaska (national-text wording): a pond built by a combination of excavation and embankment is classified as an embankment pond if the depth of water impounded against the embankment at the auxiliary spillway elevation is 3 feet or more above the lowest original ground along the embankment centerline.

DefinitionAlaska (national-text wording): for the storage-times-height limit, "storage" is the reservoir capacity in acre-feet below the crest of the lowest auxiliary spillway, or below the top of the dam if there is no open channel auxiliary spillway; "effective height" is the elevation difference in feet between the lowest open channel auxiliary spillway crest and the lowest point in the original cross section taken on the dam centerline, using the lowest point on the top of the dam when there is no open channel auxiliary spillway.

Size cutoffAlaska: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementAlaska: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusArizona: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Arizona Field Office Technical Guide (eFOTG, state code 04) is "378 AZ CPS Pond 2015" (eFOTG resource 19982, revision date 2015-09-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/19982/378_AZ_CPS_Pond_2015.

Size cutoffArizona: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

Size cutoffArizona: dams exceeding the listed limitations are outside the scope of the Pond standard and "shall NOT be considered" under it; if such a dam is required for a conservation practice, its hazard classification is defined per National Engineering Manual Part 520, Subpart C (Dams), and it must meet or exceed Technical Release No. 60, "Earth Dams and Reservoirs."

RequirementArizona: all Federal, State, Tribal, and local laws, rules, regulations, and requirements must be addressed in planning and design; laws of particular concern include those on water rights, water quality, land use, pollution control, property easements, wetlands, and endangered species. The owner is responsible for securing necessary permits and water rights, complying with all laws and regulations, and meeting legal requirements for installation, operation, and maintenance.

RequirementArizona: under Plans and Specifications, the minimum plan items include a project location map (cover sheet) that must include statements that the owner/cooperator is responsible for all permits, rights-of-way, easements, and the contact, coordination and location determination of any existing utilities or clearances (buried utility disclaimer).

StatusArkansas: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Arkansas Field Office Technical Guide (eFOTG, state code 05) is "378 AR CPS Pond 2018" (eFOTG resource 9902, revision date 2018-06-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/9902/378_AR_CPS_Pond_2018.

RequirementArkansas: under Criteria (Pool Drain), the standard requires a pipe with a suitable valve to drain the pool area if needed for proper pond management or if required by State law. Separately, in its advisory Considerations section (Fish and Wildlife), it says that if operations include stocking fish, use CPS Code 399 (Fishpond Management) or consider guidance and criteria from the Arkansas Game and Fish Commission.

StatusCalifornia: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the California Field Office Technical Guide (eFOTG, state code 06) is "378 CA CPS Pond 2023" (eFOTG resource 42864, revision date 2023-09-17), published at https://efotg.sc.egov.usda.gov/api/CPSFile/42864/378_CA_CPS_Pond_2023.

Size cutoffCalifornia: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementCalifornia: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

RequirementCalifornia: owners planning a facility to store runoff water must be advised that the state water code requires filing for a water right regardless of the amount of storage; the filing is made to the Water Rights Division of the California Water Resources Control Board, which may require a conduit or other satisfactory means to pass water through the embankment or other barrier. Filing for the water right is the owner's responsibility.

RequirementCalifornia: the design for state-size (DSOD-jurisdictional) dams will generally need to meet the minimum requirements for a significant or high hazard structure under Technical Release 60, and pipe conduits must be placed through or under all embankments large enough to be within the jurisdiction of the California Division of Safety of Dams.

StatusColorado: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Colorado Field Office Technical Guide (eFOTG, state code 08) is "378 CO CPS Pond 2016" (eFOTG resource 3352, revision date 2016-02-15), published at https://efotg.sc.egov.usda.gov/api/CPSFile/3352/378_CO_CPS_Pond_2016.

Size cutoffColorado: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementColorado: all federal, State and local requirements must be addressed in the design. The standard notes that Colorado statutes govern the use of surface and underground water, and makes the owner responsible for securing necessary permits and water rights, complying with all laws and regulations, and meeting legal requirements for installation, operation, and maintenance. Reservoirs excavated to acquire groundwater must meet the requirements of the State Board of Examiners of Water Well Construction and Pump Installation Contractors.

RequirementColorado: for "non-jurisdictional" dams (smaller than jurisdictional dams), a Notice of Intent to Construct a Non-Jurisdictional Water Impoundment Structure must be filed 45 days prior to construction, and approval from the Colorado Division Engineer is required for construction.

RequirementColorado: livestock water tanks and erosion control dams approved on a State of Colorado standard application form may not exceed 15 feet in height (upstream toe to auxiliary spillway crest) or 10 acre-feet of reservoir capacity, and are permitted only on watercourses the State Engineer determines to be normally dry. Erosion control dams holding more than 2 acre-feet must have an ungated outlet able to pass stored water above 2 acre-feet within a 36-hour period.

RequirementColorado: minimum freeboard is 1.0 foot between the design high-water-flow elevation in the auxiliary spillway and the settled top of embankment, but 5 feet for all jurisdictional dams unless the Colorado State Engineer approves less; state erosion control dams and livestock water tanks need at least 4 feet of elevation difference between the auxiliary spillway and top of dam.

RequirementColorado: a pool drain (pipe with a suitable valve) must be provided if needed for proper pond management or if required by the State Engineer of Colorado to prevent interference with natural stream flow through the reservoir or injury of another appropriator downstream.

StatusConnecticut: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Connecticut Field Office Technical Guide (eFOTG, state code 09) is "378 CT CPS Pond 2025" (eFOTG resource 52794, revision date 2025-07-15), published at https://efotg.sc.egov.usda.gov/api/CPSFile/52794/378_CT_CPS_Pond_2025.

Size cutoffConnecticut: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementConnecticut: the pond must be planned, designed, and constructed to comply with all Federal, State, Tribal and local laws and regulations - expressly including local inland wetland agency regulations - governing construction and use of the practice, as well as setbacks from wells, surface water and property boundaries; and the landowner must obtain all necessary permits prior to construction.

StatusDelaware: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Delaware Field Office Technical Guide (eFOTG, state code 10) is "378 DE CPS Pond 2003" (eFOTG resource 2296, revision date 2003-04-22), published at https://efotg.sc.egov.usda.gov/api/CPSFile/2296/378_DE_CPS_Pond_2003.

Size cutoffDelaware (April 2003 standard): the standard sets the minimum acceptable quality for design and construction of low-hazard ponds where (1) failure of the dam will not result in loss of life; damage to homes, commercial or industrial buildings, main highways, or railroads; or interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000, with storage being the volume in acre-feet below the crest of the auxiliary spillway; and (3) the effective height of the dam is 35 feet or less.

RequirementDelaware: under Criteria Applicable to All Purposes, the standard states: "All federal, state and local requirements shall be addressed in the design."

StatusFlorida: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Florida Field Office Technical Guide (eFOTG, state code 12) is "378 FL CPS Pond 2025" (eFOTG resource 51628, revision date 2025-05-07), published at https://efotg.sc.egov.usda.gov/api/CPSFile/51628/378_FL_CPS_Pond_2025.

Size cutoffFlorida: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementFlorida: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusGeorgia: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Georgia Field Office Technical Guide (eFOTG, state code 13) is "378 GA CPS Pond 2024" (eFOTG resource 48738, revision date 2024-10-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/48738/378_GA_CPS_Pond_2024.

Size cutoffGeorgia: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared (printed as "acre-feet" in the Georgia text); and (3) effective height of the dam is 35 feet or less.

RequirementGeorgia: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusHawaii (NRCS Pacific Islands Area): the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Hawaii (NRCS Pacific Islands Area) Field Office Technical Guide (eFOTG, state code 15) is "378 PI CPS Pond 2017" (eFOTG resource 6490, revision date 2017-10-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/6490/378_PI_CPS_Pond_2017.

The eFOTG state list maps state code "15" to "Hawaii/Pacific Islands Area" and state code "MW" to "Maryland/D.C. Area".

Size cutoffHawaii (NRCS Pacific Islands Area): the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementHawaii (Pacific Islands Area): the standard requires a pool drain (a pipe with a suitable valve) if needed for proper pond management or if required by State law.

StatusIdaho: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Idaho Field Office Technical Guide (eFOTG, state code 16) is "378 ID CPS Pond 2025" (eFOTG resource 54054, revision date 2025-09-30), published at https://efotg.sc.egov.usda.gov/api/CPSFile/54054/378_ID_CPS_Pond_2025.

Size cutoffIdaho: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

Size cutoffIdaho: within its Conditions Where Practice Applies, the standard gives the Idaho Department of Water Resources (IDWR) definition of a "dam": any artificial barrier together with appurtenant works that is or will be 10 feet or more in height OR has or will have an impounding capacity at maximum storage elevation of 50 acre-feet or more.

Size cutoffIdaho: Table 1 ("IDWR dam classification") in the standard lists "Small Dams and Reservoirs" as ten feet or more but less than twenty feet high, AND fifty acre-feet or more but less than one hundred acre-feet; and "Intermediate Dams and Reservoirs" as twenty feet or more but less than forty feet high, OR one hundred acre-feet or more but less than four thousand acre-feet.

RequirementIdaho: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusIllinois: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Illinois Field Office Technical Guide (eFOTG, state code 17) is "378 IL CPS Pond 2023" (eFOTG resource 42682, revision date 2023-09-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/42682/378_IL_CPS_Pond_2023.

Size cutoffIllinois: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementIllinois: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

RequirementIllinois: the standard distinguishes "Non-Permit Dams" (Table 2) from "Permit Dams" (Table 3). For permit dams, the minimum auxiliary spillway capacity design storm is the 100-year, 24-hour storm for all drainage areas, effective heights and storages; permit-dam requirements are listed in the Illinois Administrative Code, Title 17, Chapter I (Department of Natural Resources), Subchapter h, Part 3702, Construction and Maintenance of Dams.

StatusIndiana: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Indiana Field Office Technical Guide (eFOTG, state code 18) is "378 IN CPS Pond 2018" (eFOTG resource 12820, revision date 2018-01-08), published at https://efotg.sc.egov.usda.gov/api/CPSFile/12820/378_IN_CPS_Pond_2018.

Size cutoffIndiana (January 2018 standard): the standard sets the minimum acceptable quality for design and construction of low-hazard ponds where (1) failure of the dam will not result in loss of life; damage to homes, commercial or industrial buildings, main highways, or railroads; or interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000; and (3) the effective height is 35 feet or less AND the dam is hazard class (a), documented per National Engineering Manual 520.23(b).

RequirementIndiana: use of the standard requires compliance with all applicable federal, state, and local laws and regulations. Where Indiana Department of Natural Resources (IDNR) approval is required, additional freeboard may be required, and the designer is to consult the NRCS State Conservation Engineer.

StatusIowa: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Iowa Field Office Technical Guide (eFOTG, state code 19) is "378 IA CPS Pond 2023" (eFOTG resource 40494, revision date 2023-01-17), published at https://efotg.sc.egov.usda.gov/api/CPSFile/40494/378_IA_CPS_Pond_2023.

Size cutoffIowa: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementIowa: in addition to the standard compliance clause (comply with all Federal, State, and local laws; landowner obtains all necessary permits before construction), the landowner is responsible for acquiring land rights from adjoining landowners for any permanent or temporary storage the structure creates.

RequirementIowa: the standard states that Iowa Department of Natural Resources (IDNR) approval is required for construction, repair, or modification of any dam exceeding the thresholds of Iowa Administrative Code rule 567-73.3(455B): height at least 25 feet with storage at top-of-dam elevation of 15 acre-feet or more; OR storage at top-of-dam elevation of 50 acre-feet or more with a height of at least 6 feet. Height is measured from the top of the dam to the natural streambed at the downstream toe (or to the lowest elevation of the outside limit of the dam if not across a water source).

RequirementIowa: for dams regulated under 567 IAC Chapter 73, the standard states that a water storage permit is required for all regulated dams in order to legally impound water, and that an application for a dam construction permit constitutes application for a water storage permit if the appropriate fee is received with it [73.11(2)]; it also lists a minimum 500-foot separation between a water source (other than a major water source) and a confinement feeding operation structure [73.18(1)].

RequirementIowa: for DNR-regulated dams the standard lists these hydraulic rules: the Q100 freeboard design flood must pass without overtopping [73.19(2)]; the Q10 design flood must pass through the principal spillway without auxiliary spillway operation [73.19(2)]; the spillways must evacuate at least 80 percent of the water temporarily stored during the principal spillway design flood within ten days [73.19(15)]; and open-channel auxiliary spillways need a minimum depth of 2 feet and minimum width of 10 feet [73.20(6)].

RequirementIowa: designers must complete Form IA-ENG-40 for NRCS inventory dams and submit it to the State Conservation Engineer upon completion; inventory dams include dams classified Significant or High Hazard, Iowa DNR permit dams, all dams with an overall height of 35 feet or more, and all Watershed Project detention-type structures regardless of size or hazard class.

StatusKansas: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Kansas Field Office Technical Guide (eFOTG, state code 20) is "378 KS CPS Pond 2005" (eFOTG resource 26012, revision date 2005-11-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/26012/378_KS_CPS_Pond_2005.

Size cutoffKansas (November 2005 standard): the standard sets the minimum acceptable quality for design and construction of low (class a) hazard ponds (dams) where (1) failure of the dam will not result in loss of life; damage to homes, commercial or industrial buildings, main highways, or railroads; or interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000; and (3) effective height is 35 feet or less.

Size cutoffKansas: dams exceeding the Pond standard's limitations, and any significant (class b) or high (class c) hazard dams as defined in NEM Part 520, must meet or exceed Technical Release No. 60, Earth Dams and Reservoirs. The standard notes that hazard classes a, b, and c are being replaced by low, significant, and high.

RequirementKansas: the practice must conform to all federal, state, and local laws, rules, and regulations, particularly those on water rights, land use, pollution control, property easements, wetlands or other waters of the U.S., preservation of cultural resources, development of a breach inundation area map, and endangered species; the owner is responsible for securing necessary permits and complying with all laws and regulations.

RequirementKansas: the owner is also responsible for any upgrades to the dam required by changes to its hazard classification due to development in the breach inundation area.

RequirementKansas: per the standard, owners of dams with annual diversion and beneficial use of more than 15 acre-feet, or with a total water volume of more than 15 acre-feet, must obtain a permit to appropriate water from the DWR Chief Engineer under K.S.A. 82a-728 (Kansas Water Appropriation Act); and dams impounding 50 acre-feet or less for which tax reduction benefits are requested must be approved by the Chief Engineer under K.S.A. 82a-406 (Kansas Water Storage Law).

StatusKentucky: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Kentucky Field Office Technical Guide (eFOTG, state code 21) is "378 KY CPS Pond 2023" (eFOTG resource 44717, revision date 2023-11-06), published at https://efotg.sc.egov.usda.gov/api/CPSFile/44717/378_KY_CPS_Pond_2023.

Size cutoffKentucky: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementKentucky: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusLouisiana: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Louisiana Field Office Technical Guide (eFOTG, state code 22) is "378 LA CPS Pond 2023" (eFOTG resource 41460, revision date 2023-03-21), published at https://efotg.sc.egov.usda.gov/api/CPSFile/41460/378_LA_CPS_Pond_2023.

Size cutoffLouisiana: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less. Its Figure 1 ("Pond (378) Standard Criteria") plots the 378 limit against storage and effective height, labeling the region beyond it "TR-60 Criteria Apply."

RequirementLouisiana: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusMaine: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Maine Field Office Technical Guide (eFOTG, state code 23) is "378 ME CPS Pond 2025" (eFOTG resource 51311, revision date 2025-04-17), published at https://efotg.sc.egov.usda.gov/api/CPSFile/51311/378_ME_CPS_Pond_2025.

Size cutoffMaine: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementMaine: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusMaryland: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Maryland Field Office Technical Guide (eFOTG, state code MW) is "378 MD CPS Pond 2023" (eFOTG resource 41813, revision date 2023-08-07), published at https://efotg.sc.egov.usda.gov/api/CPSFile/41813/378_MD_CPS_Pond_2023.

Size cutoffMaryland: the practice applies to all excavated ponds, and applies where it is determined that stormwater management, water supply, or temporary storage is justified and it is feasible and practicable to build a pond that will meet local and state law requirements.

DefinitionMaryland: "total height of dam" is the vertical distance from the lowest point on the top of the dam to the lowest point along the upstream toe; if the bottom of the impoundment is excavated below the embankment, the height includes the excavation depth if there is potential for impounded water to be released by dam failure.

RequirementMaryland: the standard states that anyone who wishes to construct, reconstruct, repair, or alter a dam, reservoir, or similar waterway obstruction (including a small pond) must obtain a permit from the Maryland Department of the Environment (MDE) Dam Safety program, but certain small ponds meeting the standard's criteria may instead be reviewed and approved by the local Soil Conservation District (SCD), subject to listed exceptions.

RequirementMaryland: the SCD may not approve a small pond in the Jones Falls, Gwynns Falls, or Herring Run watersheds; a small pond serving as a "waste stabilization lagoon" (CPS 313 or CPS 359); or certain small ponds in cold water resource areas that do not meet MDE Thermal Design Criteria.

RequirementMaryland: under its "Exemptions" heading, the standard states that "Exemptions are authorized when ponds are designed to meet requirements established in the Maryland Department of Environment Policies and Procedures for Small Pond Approval and related MDE dam safety policy memoranda," and tells users to refer to MDE policy for exemption criteria. Read in context, "exemptions" here means Soil Conservation District small-pond approval in place of an MDE Dam Safety permit.

RequirementMaryland: the pond must comply with all Federal, State (Maryland Department of the Environment rules and regulations), and local laws and regulations, and the landowner must obtain all necessary permits and approvals (e.g., Soil Conservation District Small Pond Approval) before construction. For bypass-type excavated ponds diverting water from a stream, the minimum inlet line is a 4-inch pipe and all state laws on water use and downstream rights must be strictly followed.

Size cutoffMaryland: where a breach analysis shows that only overtopping of downstream roads will occur, the standard's guideline table classes the dam as Low hazard if the depth of flow over the road d is less than or equal to 1.5 feet, and Significant & High if d is greater than 1.5 feet. The use and importance of the roadway must be considered when assigning the class. MDE's 2018 "Guidance for Completing a Dam Breach Analysis for Small Ponds and Dams in Maryland" may be used instead to determine hazard class.

StatusMassachusetts: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Massachusetts Field Office Technical Guide (eFOTG, state code 25) is "378 MA CPS Pond 2023" (eFOTG resource 45510, revision date 2023-12-27), published at https://efotg.sc.egov.usda.gov/api/CPSFile/45510/378_MA_CPS_Pond_2023.

Size cutoffMassachusetts: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementMassachusetts: the pond must comply with all Federal, State, and local laws and regulations, expressly including dam safety and wetland regulations; all federal, state, and local setback requirements from wells, surface water and property boundaries must be followed; and the landowner must obtain all necessary permits prior to construction. No specific state agency is named.

StatusMichigan: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Michigan Field Office Technical Guide (eFOTG, state code 26) is "378 MI CPS Pond 2023" (eFOTG resource 44068, revision date 2023-10-11), published at https://efotg.sc.egov.usda.gov/api/CPSFile/44068/378_MI_CPS_Pond_2023.

Size cutoffMichigan: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementMichigan: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusMinnesota: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Minnesota Field Office Technical Guide (eFOTG, state code 27) is "378 MN CPS Pond 2023" (eFOTG resource 43452, revision date 2023-10-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/43452/378_MN_CPS_Pond_2023.

Size cutoffMinnesota: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementMinnesota: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusMississippi: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Mississippi Field Office Technical Guide (eFOTG, state code 28) is "378 MS CPS Pond 2026" (eFOTG resource 59397, revision date 2026-09-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/59397/378_MS_CPS_Pond_2026.

Size cutoffMississippi: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementMississippi: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusMissouri: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Missouri Field Office Technical Guide (eFOTG, state code 29) is "378 MO CPS Pond 2019" (eFOTG resource 8565, revision date 2019-09-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/8565/378_MO_CPS_Pond_2019.

Size cutoffMissouri (September 2019 standard): the standard applies to all excavated ponds, and to embankment ponds meeting all of the low-hazard criteria, including that (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; and (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2").

RequirementMissouri: dams with an overall height of 35 feet or more must meet the requirements of the Missouri Department of Natural Resources, Dam and Reservoir Safety Council; NRCS CPS Dam (402); and meet or exceed Technical Release 60 (TR-60). Impoundments whose primary purpose is to stabilize grade and control erosion must meet CPS Grade Stabilization Structure (410).

StatusMontana: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Montana Field Office Technical Guide (eFOTG, state code 30) is "378 MT CPS Pond 2024" (eFOTG resource 48941, eFOTG revision date 2025-01-23), published at https://efotg.sc.egov.usda.gov/api/CPSFile/48941/378_MT_CPS_Pond_2024.

StatusMontana: in the Montana eFOTG menu, the "Pond (378)" folder (itemId -173) is filed under "Conservation Practice Standards & Support Documents" in "Section 4 - Practice Standards and Supporting Documents" and is flagged as not an archive folder ("isArchiveFolder":false).

Size cutoffMontana: the other embankment-pond criteria are that storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2") and that the effective height of the dam is 35 feet or less; embankment structures exceeding these criteria must use NRCS CPS Dam (Code 402) instead.

RequirementMontana: the standard quotes ARM 36.14.201 - an owner proposing to construct (including new construction, alteration, repair, enlargement, or removal of) any dam or reservoir that has or could impound 50 acre-feet or more to the maximum normal operating pool must apply to the Montana Department of Natural Resources and Conservation (DNRC) for a hazard determination.

DefinitionMontana: the standard quotes ARM 36.14.101's definition of "maximum normal operating pool": (a) for on-stream reservoirs, the elevation of the lowest uncontrolled principal spillway; (b) for flood control structures, the elevation of the auxiliary spillway; and (c) for off-stream reservoirs, defined case by case according to reservoir operation.

Size cutoffMontana: embankment ponds more than 6 feet in overall height with storage of 50 acre-feet or more, or with overall height of 25 feet or more and storage of more than 15 acre-feet, must be included in the NRCS national inventory of NRCS-assisted dams (NEM Section 520.21(F)).

RequirementMontana: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusNebraska: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Nebraska Field Office Technical Guide (eFOTG, state code 31) is "378 NE CPS Pond 2022" (eFOTG resource 37937, eFOTG revision date 2024-04-08), published at https://efotg.sc.egov.usda.gov/api/CPSFile/37937/378_NE_CPS_Pond_2022.

DefinitionNebraska (April 2024): a pond built by a combination of excavation and embankment is classified as an embankment pond if the depth of water impounded against the embankment at the auxiliary spillway elevation is 3 feet or more above the lowest original ground along the embankment centerline.

DefinitionNebraska (April 2024): for the storage-times-height limit, "storage" is the reservoir capacity in acre-feet below the crest of the lowest auxiliary spillway, or below the top of the dam if there is no open channel auxiliary spillway; "effective height" is the elevation difference in feet between the lowest open channel auxiliary spillway crest and the lowest point in the original cross section on the dam centerline, using the lowest point on the top of the dam when there is no open channel auxiliary spillway.

Size cutoffNebraska: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementNebraska: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusNevada: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Nevada Field Office Technical Guide (eFOTG, state code 32) is "378 NV CPS Pond 2023" (eFOTG resource 44416, eFOTG revision date 2023-10-26), published at https://efotg.sc.egov.usda.gov/api/CPSFile/44416/378_NV_CPS_Pond_2023.

Size cutoffNevada: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementNevada: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusNew Hampshire: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the New Hampshire Field Office Technical Guide (eFOTG, state code 33) is "378 NH CPS Pond 2022" (eFOTG resource 36156, eFOTG revision date 2022-06-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/36156/378_NH_CPS_Pond_2022.

Size cutoffNew Hampshire: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementNew Hampshire: the standard contains no general criterion requiring compliance with Federal, State, and local laws or requiring the landowner to obtain permits; its only reference to state law is that a pipe with a suitable valve to drain the pool area is to be provided if needed for proper pond management or if required by State law.

StatusNew Jersey: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the New Jersey Field Office Technical Guide (eFOTG, state code 34) is "378 NJ CPS Pond 2023" (eFOTG resource 42965, eFOTG revision date 2023-10-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/42965/378_NJ_CPS_Pond_2023.

Size cutoffNew Jersey: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementNew Jersey: the standard's criteria apply to all agricultural ponds except where federal, state, or local regulations set more stringent criteria. Ponds whose embankments raise the water level less than 5 feet (measured from the downstream toe of dam to the auxiliary spillway crest, or to the top of dam where no auxiliary spillway is required) may be subject to the New Jersey Flood Hazard Area Control Act Rules.

RequirementNew Jersey: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

RequirementNew Jersey: for excavated ponds in flood plain areas, excavated material must be disposed of in accordance with the New Jersey Flood Hazard Area Control Act Rules.

RequirementNew Jersey: the operation and maintenance plan for a structure classified as a dam under the NJ Dam Safety Standards must be prepared in two parts (introduction/project description/authorizations/history/contracts; O&M instructions and maintenance schedule), and inspections must be performed annually - every four years by a licensed professional engineer and by the owner or operator in the intervening years.

StatusNew Mexico: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the New Mexico Field Office Technical Guide (eFOTG, state code 35) is "378 NM CPS Pond 2024" (eFOTG resource 44644, eFOTG revision date 2019-06-15), published at https://efotg.sc.egov.usda.gov/api/CPSFile/44644/378_NM_CPS_Pond_2024.

Size cutoffNew Mexico: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementNew Mexico: water impounded by a non-jurisdictional dam is not exempt from water right permit requirements - a separate State Engineer water right permit is required for the water impounded in the reservoir - and non-jurisdictional dams must meet the requirements of 19.26.2.15 NMAC unless otherwise exempt.

DefinitionNew Mexico: the standard lists two structures that are considered non-jurisdictional dams: (1) a levee or diversion dike, where water flows parallel to its length as determined by the state engineer; and (2) a roadway embankment across a watercourse built for the sole purpose of supporting a roadbed or other means of conveyance for transportation (as determined by the state engineer), where the area upstream has not been enlarged to increase flood storage and the embankment is provided with an uncontrolled conduit of sufficient capacity to satisfy the requirements of the appropriate state or local transportation authority.

RequirementNew Mexico: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusNew York: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the New York Field Office Technical Guide (eFOTG, state code 36) is "378 NY CPS Pond 2023" (eFOTG resource 43046, eFOTG revision date 2023-10-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/43046/378_NY_CPS_Pond_2023.

Size cutoffNew York: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementNew York: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction. It adds that all work planned and applied under the standard must comply with applicable federal, state and local laws and regulations, and that a New York State Department of Environmental Conservation (DEC) permit may be required.

StatusNorth Carolina: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the North Carolina Field Office Technical Guide (eFOTG, state code 37) is "378 NC CPS Pond 2024" (eFOTG resource 49994, eFOTG revision date 2025-04-02), published at https://efotg.sc.egov.usda.gov/api/CPSFile/49994/378_NC_CPS_Pond_2024.

Size cutoffNorth Carolina: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementNorth Carolina: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

ProcessNorth Carolina: the area downstream of the dam must be evaluated for the impact of a sudden breach, considering existing improvements and those reasonably expected during the structure's useful life, to set the hazard class; form NC-ENG-34, Hazard Classification Data Sheet, is used to document the hazard class determination.

StatusNorth Dakota: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the North Dakota Field Office Technical Guide (eFOTG, state code 38) is "378 ND CPS Pond 2025" (eFOTG resource 52803, eFOTG revision date 2025-07-15), published at https://efotg.sc.egov.usda.gov/api/CPSFile/52803/378_ND_CPS_Pond_2025.

Size cutoffNorth Dakota: the standard applies to all excavated ponds and to embankment ponds meeting all low-hazard-potential criteria as described in NEM 520.21: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities - where damage to structures and roads includes any inundation or overtopping resulting from a dam breach (the State Conservation Engineer can assist with a breach model); (2) storage times effective height is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height is 35 feet or less.

RequirementNorth Dakota: all necessary local, state, and federal permits shall be obtained by the producer or their designee, and construction specifications and/or drawings will specify that NRCS be provided copies of all required permits before construction. The standard notes that excavation or embankment work within or near streams and wetlands may require a U.S. Army Corps of Engineers permit under Clean Water Act Section 404 (Bismarck Regulatory Office).

RequirementNorth Dakota: projects that disturb more than 1 acre must develop a Stormwater Pollution Prevention Plan (SWPPP) and submit it with a Notice of Intent to the ND Department of Environmental Quality (DEQ), and projects within the ordinary high-water mark of navigable lakes and streams require a Sovereign Lands Permit from the ND Department of Water Resources.

RequirementNorth Dakota: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

RequirementNorth Dakota: following North Dakota Century Code Section 61-04-02, structures with a water storage capacity (at spillway elevation) exceeding 12.5 acre-feet must secure a water permit from the ND Department of Water Resources (DWR) before construction or modification; the DWR "Water Appropriates Division" (as the standard spells it) oversees Applications for Conditional Water Permits (SFN 60157), and the project construction specifications should specify that NRCS be provided a copy of the water permit before construction.

RequirementNorth Dakota: following N.D.C.C. Section 61-04-02, structures with a water storage capacity (at spillway elevation) of less than 12.5 acre-feet must notify the state engineer (DWR) of the location and capacity of the constructed works, dams, or dugouts; DWR oversees these notifications of embankment construction (SFN 51695), and the project construction specifications should specify that NRCS be provided a copy of the notification before construction.

RequirementNorth Dakota: following N.D.C.C. Section 61-16.1-38, applications for embankments 10 feet or more in height must include complete plans and specifications stamped by a professional engineer registered in North Dakota.

ProcessNorth Dakota: the ND DWR determines dam hazard classification under its own criteria when the applicant applies for a construction permit; under NEM Section 520.23, NRCS determines hazard classification at the time of inventory and evaluation work (planning) and verifies it immediately before construction; and only dams meeting the NEM criteria for a low hazard dam may be designed under ND NRCS CPS 378.

Size cutoffNorth Dakota: constructed embankment ponds that (1) equal or exceed 25 feet in effective height and exceed 15 acre-feet in storage, or (2) equal or exceed 50 acre-feet of storage and exceed 6 feet in effective height, must be included in the NRCS national inventory of NRCS-assisted dams (NEM Section 520.21(F)), with assistance requested from the ND State Conservation Engineer.

StatusOhio: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Ohio Field Office Technical Guide (eFOTG, state code 39) is "378 OH CPS Pond 2023" (eFOTG resource 45801, eFOTG revision date 2019-06-15), published at https://efotg.sc.egov.usda.gov/api/CPSFile/45801/378_OH_CPS_Pond_2023.

Size cutoffOhio: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementOhio: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction. It also makes the designer responsible for checking whether the proposed dam will require a construction permit from the Ohio Department of Natural Resources (ODNR) Dam Safety Program.

ExemptionOhio: per the same ORC 1521.062 restatement, an ODNR construction permit is also generally NOT required for a dam of any height that has or will have a storage capacity of not more than 15 acre-feet at the elevation of the top of the dam, or for a dam of any storage capacity that is or will be 6 feet or less in height.

StatusOklahoma: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Oklahoma Field Office Technical Guide (eFOTG, state code 40) is "378 OK CPS Pond 2023" (eFOTG resource 41968, eFOTG revision date 2023-05-10), published at https://efotg.sc.egov.usda.gov/api/CPSFile/41968/378_OK_CPS_Pond_2023.

Size cutoffOklahoma: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementOklahoma: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusOregon: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Oregon Field Office Technical Guide (eFOTG, state code 41) is "378 OR CPS Pond 2023" (eFOTG resource 43253, eFOTG revision date 2023-10-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/43253/378_OR_CPS_Pond_2023.

Size cutoffOregon: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementOregon: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusPennsylvania: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Pennsylvania Field Office Technical Guide (eFOTG, state code 42) is "378 PA CPS Pond 2023" (eFOTG resource 43827, eFOTG revision date 2023-10-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/43827/378_PA_CPS_Pond_2023.

Size cutoffPennsylvania: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared (the Pennsylvania text prints the unit as "acre-feet"); and (3) effective height of the dam is 35 feet or less.

RequirementPennsylvania: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusRhode Island: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Rhode Island Field Office Technical Guide (eFOTG, state code 44) is "378 RI CPS Pond 2022" (eFOTG resource 36713, eFOTG revision date 2022-07-20), published at https://efotg.sc.egov.usda.gov/api/CPSFile/36713/378_RI_CPS_Pond_2022.

Size cutoffRhode Island: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementRhode Island: the standard contains no general criterion requiring compliance with Federal, State, and local laws or requiring the landowner to obtain permits; its only reference to state law is that a pipe with a suitable valve to drain the pool area is to be provided if needed for proper pond management or if required by State law.

StatusSouth Carolina: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the South Carolina Field Office Technical Guide (eFOTG, state code 45) is "378 SC CPS Pond 2023" (eFOTG resource 41930, eFOTG revision date 2023-05-04), published at https://efotg.sc.egov.usda.gov/api/CPSFile/41930/378_SC_CPS_Pond_2023.

Size cutoffSouth Carolina: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementSouth Carolina: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusSouth Dakota: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the South Dakota Field Office Technical Guide (eFOTG, state code 46) is "378 SD CPS Pond 2023" (eFOTG resource 44270, eFOTG revision date 2023-10-20), published at https://efotg.sc.egov.usda.gov/api/CPSFile/44270/378_SD_CPS_Pond_2023.

Size cutoffSouth Dakota: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementSouth Dakota: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

RequirementSouth Dakota: a detailed survey must be made to determine the extent of planned surface and subsurface water levels near property boundaries, and a signed written agreement, easement, or permit must be obtained before construction if the pond's water levels adversely affect adjacent properties or other water users.

StatusTennessee: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Tennessee Field Office Technical Guide (eFOTG, state code 47) is "378 TN CPS Pond 2023" (eFOTG resource 42940, eFOTG revision date 2023-10-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/42940/378_TN_CPS_Pond_2023.

Size cutoffTennessee: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

DefinitionTennessee: for the storage-times-height limit, storage is the reservoir capacity in acre-feet below the crest of the lowest auxiliary spillway, or below the lowest SETTLED top of the dam if there is no auxiliary spillway; effective height runs from the lowest auxiliary spillway crest to the lowest point in the original cross section on the dam centerline, using the lowest point on the settled top of the dam if there is no auxiliary spillway.

RequirementTennessee: the pond must comply with all Federal, State, and local laws and regulations; the landowner must obtain all necessary permits for project installation before construction, and all conditions listed in the permits must be followed during installation.

RequirementTennessee: all pond practices in the Tennessee River drainage area in what the Tennessee Valley Authority (TVA) describes in 18 CFR Part 1304 as "upstream tributaries", and located within the stream or the 100-year floodplain of a perennial stream, must go through the TVA 26a permit process.

RequirementTennessee: all structural practices or barriers (e.g., fence) located within streams or reservoirs listed in Tables 1 and 2 of 18 CFR Part 1304, or within the listed stream's or reservoir's 500-year floodplain, require a TVA permit; the TVA 26a rules do not change the permitting requirements for U.S. Army Corps of Engineers Section 404 permits, TDEC ARAP permits, or any permits local governments may require.

AgencyTennessee: the standard states that, in accordance with the Tennessee Safe Dams Act of 1973, the Safe Dams Program within the TDEC Division of Water Resources is responsible for issuing permits to dam owners for operation, alteration, and construction of dams and for requiring compliance with regulations.

Size cutoffTennessee: the standard states that under the Safe Dams Act a "dam" is any structure at least 20 feet high (measured from the lowest settled top of dam elevation to the natural bed of the stream or watercourse at the downstream toe of the dam) or with an impoundment volume of at least 30 acre-feet (measured at the lowest settled top of dam elevation); however, any barrier less than 6 feet high, or with a maximum impoundment volume of 15 acre-feet or less (measured at the lowest settled top of dam elevation), is not considered a dam.

ExemptionTennessee: the main exemption from the Safe Dams Act is for "farm ponds" - impoundments used only to provide water for agricultural and domestic purposes (such as livestock and poultry watering, crop irrigation, recreation, and conservation) for the farm owner or occupant, their family, and invited guests, and not any impoundment whose water, or privileges or products of the water, are available to the general public. A farm pond is exempt if the Safe Dams Program judges the barrier creates an impoundment used only as a farm pond.

StatusTexas: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Texas Field Office Technical Guide (eFOTG, state code 48) is "378 TX CPS Pond 2023" (eFOTG resource 42721, eFOTG revision date 2023-10-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/42721/378_TX_CPS_Pond_2023.

Size cutoffTexas: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementTexas: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

RequirementTexas: any seep pond design must be reviewed by the zone biologist to ensure adherence with applicable wetland criteria and/or permits. Seep ponds may be located only where the static water level is within 4 feet of the average ground elevation.

StatusUtah: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Utah Field Office Technical Guide (eFOTG, state code 49) is "378 UT CPS Pond 2024" (eFOTG resource 47976, eFOTG revision date 2024-08-14), published at https://efotg.sc.egov.usda.gov/api/CPSFile/47976/378_UT_CPS_Pond_2024.

Size cutoffUtah: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementUtah: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusVermont: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Vermont Field Office Technical Guide (eFOTG, state code 50) is "378 VT CPS Pond 2022" (eFOTG resource 39009, eFOTG revision date 2022-10-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/39009/378_VT_CPS_Pond_2022.

Size cutoffVermont: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementVermont: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

RequirementVermont: all impoundments greater than 500,000 cubic feet (measured at the top of dam) must have a dam permit from the Vermont Department of Environmental Conservation; the References point to the DEC "Dam Orders Permit" and Item 12 of the "Dam order application instructions" for dam permit design requirements.

StatusVirginia: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Virginia Field Office Technical Guide (eFOTG, state code 51) is "378 VA CPS Pond 2023" (eFOTG resource 42303, eFOTG revision date 2023-10-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/42303/378_VA_CPS_Pond_2023.

Size cutoffVirginia: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementVirginia: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusWashington: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Washington Field Office Technical Guide (eFOTG, state code 53) is "378 WA CPS Pond 2023" (eFOTG resource 39839, eFOTG revision date 2023-01-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/39839/378_WA_CPS_Pond_2023.

Size cutoffWashington: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementWashington: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusWest Virginia: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the West Virginia Field Office Technical Guide (eFOTG, state code 54) is "378 WV CPS Pond 2025" (eFOTG resource 52953, eFOTG revision date 2025-07-24), published at https://efotg.sc.egov.usda.gov/api/CPSFile/52953/378_WV_CPS_Pond_2025.

DefinitionWest Virginia: the standard maps NRCS hazard classes (NEM Part 520, Subpart C, 520.21) to West Virginia Dam Safety classes: Low Hazard = WV Dam Safety Class 3 or 4; Significant Hazard = WV Dam Safety Class 2; High Hazard = WV Dam Safety Class 1. Its References cite the WV Dam Control and Safety Act (WV Code Chapter 22, Article 14) and the WV 47CSR34 Dam Safety Rule.

Size cutoffWest Virginia: under Table 2 ("WV Type of Earth Embankment and Design Criteria for Ponds"), a Type I embankment - effective height over 20 feet; significant or high hazard; or low hazard with the product of effective height (ft) and storage (ac-ft) of 3,000 or more, or total height of 25 feet or more - has NRCS TR 60, not WV CPS 378 Pond, as its minimum design criteria.

RequirementWest Virginia: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

StatusWisconsin: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Wisconsin Field Office Technical Guide (eFOTG, state code 55) is "378 WI CPS Pond 2024" (eFOTG resource 51336, eFOTG revision date 2024-11-01), published at https://efotg.sc.egov.usda.gov/api/CPSFile/51336/378_WI_CPS_Pond_2024.

Size cutoffWisconsin: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

ExemptionWisconsin: the Pond (378) standard does not apply to ponds whose primary purpose is controlling solids loading and attached pollutants; such ponds must meet the Wisconsin Department of Natural Resources (DNR) Standard for Wet Detention Basin (1001).

DefinitionWisconsin: "effective height" is measured from the lowest open channel auxiliary spillway crest down to the lowest point in the original cross section on the dam centerline PRIOR TO STRIPPING, with the design elevation of the top of dam as the upper limit if there is no open channel auxiliary spillway; "storage" is the reservoir capacity in acre-feet below the crest of the lowest auxiliary spillway, or the top of dam if there is no open channel auxiliary spillway.

Size cutoffWisconsin: a "DNR Large Dam" is any dam with a structural height of more than 6 feet that impounds 50 acre-feet or more at the design elevation, or a structural height of 25 feet or more that impounds more than 15 acre-feet at the design elevation; such structures must be designed to the standards of Wisconsin Administrative Code NR 333. Structural height is the difference between the design elevation and the lowest elevation of the natural stream or lake bed at the downstream toe of the embankment.

RequirementWisconsin: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction.

RequirementWisconsin: the required site assessment must include identification of potential navigability, water quality, and wetlands that may require permits, and the pond owner must have ownership or legal control of the pond site and impoundment, including the right to flood all land in the impoundment up to the 1% flood event (usually through permanent easements recorded on the deed of the affected property).

Size cutoffWisconsin: a pond may not be built closer than 25 feet horizontally to an existing or proposed private well, pond, or spring, or within 400 feet of an existing or proposed community well, measured from the edge of the pond formed during the 1% flood event, unless the well is properly decommissioned in accordance with Wisconsin Administrative Code Chapter NR 812 and WI NRCS CPS Well Decommissioning (Code 351).

StatusWyoming: the current NRCS Conservation Practice Standard (CPS) Pond, Code 378, posted on the Wyoming Field Office Technical Guide (eFOTG, state code 56) is "378 WY CPS Pond 2023" (eFOTG resource 40946, eFOTG revision date 2023-02-08), published at https://efotg.sc.egov.usda.gov/api/CPSFile/40946/378_WY_CPS_Pond_2023.

Size cutoffWyoming: the Pond (378) standard applies to ALL excavated ponds, and to embankment ponds only when they meet all of the listed low-hazard-potential criteria: (1) failure of the dam will not result in loss of life, damage to homes, commercial or industrial buildings, main highways, or railroads, or in interruption of the use or service of public utilities; (2) storage times effective height of the dam is less than 3,000 acre-feet squared ("acre-feet2"); and (3) effective height of the dam is 35 feet or less.

RequirementWyoming: the standard's general criteria require that the pond be planned, designed, and constructed to comply with all Federal, State, and local laws and regulations, and that the landowner obtain all necessary permits for project installation prior to construction. It also requires installation consistent with the Wyoming Governor's current Executive Order for Greater Sage-Grouse Core Area Protection, with vegetation removal (including sagebrush) limited to the minimum disturbance required.

RequirementWyoming: for ponds requiring Wyoming State Engineer's Office (SEO) permitting, the minimum freeboard from the top of the dam to the lowest uncontrolled outlet is 5 feet unless a variance is requested and prior approval is granted by the State Engineer; and a principal spillway must be installed when required by the SEO Surface Water Division.