Retention Pond Signage Requirement

Our municipality has a pond signage requirement that seems very over reaching. It requires a sign and life preserver every 200 ft. Cost for this is about $450 a sign not including labor. About 9 signs on each retention pond. Selfishly, I don’t want to look at these signs and other cities dont require. Here is my issue. Town has a reservoir and there is nothing similar for safety. The rule seems only directed at new HOAs. I tried talking to the city planning and he said you can go to town council but I doubt it goes anywhere. I would think that for safety a building code like this should apply to every body of water. A reservoir is deeper and more dangerous than our 2 ft retention pond. Any thoughts on how best to fight this? It is just another cost driving up home costs that seem overdone.

I am all for safety but a sign every 200 ft for a 2 ft pond without public access just seems like overkill. The city doest do that on any of its public shores that are adjacent to a large reservoir. I think the standard shouldn’t be higher for an HOA and if it is safety first why doesn’t the town do the same? We could get away with 2 signs instead of 9.

I am all for safety but a sign every 200 ft for a 2 ft pond without public access just seems like overkill. The city doest do that on any of its public shores that are adjacent to a large reservoir. I think the standard shouldn’t be higher for an HOA and if it is safety first why doesn’t the town do the same? We could get away with 2 signs instead of 9.

I will say we have had several people drown in retention ponds in our area. It's not that unusual. We had a few people whom were retrieving their dogs. The dog got in the water and they get stuck in the mud. Dog survives. Even if it's only 2 feet deep the mud is much deeper. The life preserver would help to keep head above water till help arrives.

A few years ago it was a hot day out. Had driven by a retention pond in an industrial park. Noticed a few people hanging out around parking lot. Came by a little time later and they were gone. The next day I heard on the news about a missing person. I recalled seeing these people hanging out there. Called the police to report it. Turns out the missing person was one of them. Apparently after his friends left he entered the retaining pond. He got stuck in the mud not far from shore and drowned. Not even 4 feet of water.

It's really the MUD that cause many of the drownings in ponds. You can drown in a tablespoon of water. It sounds like a few people may have lost loved ones to go to the city to make that a requirement.

I agree that the signage seems excessive. On the other hand, water depth doesn't really matter - people can drown in a few inches of water if they're knocked out.

If this is a city law and your HOA is within city limits, then the law probably applies. I say "probably" because I don't know the exact text of the law, if there are any exemptions based on size of pond or size of HOA, and the like. Another consideration is insurance. Ignoring legal requirements would be a bad move. Insurerance premiums all over the country are rising, often sharply, and some insurers are pulling out of residential markets altogether. You don't want to risk getting dumped as a client or paying higher assessments because your HOA's insurer has decided that you're high risk.

Speaking of liability, our lawyers talked to us about the risks posed by even a detention pond that mostly dries up between rains. These things are attractive nuisances and a magnet for unsupervised kids with time on their hands. I know because I was one of them. In addition to signage, some form of physical barrier may be in order.

Assuming you're not on the board, I suggest asking the board to investigate all of the issues and risks posed by the pond and to come up with a plan to deal with them. This would include talking to the HOA's attorney.

I dont know where you are in Indiana, but you may have heard of this case:

https://mcgowanprograms.com/wp-content/uploads/sites/2/2020/08/A-Wake-Up-Call-for-all-Community-Associations.pdf

Nine signs does look like overkill, but people can be dim and you may need a few signs to drive home the danger. Since this incident happened in 2011, that could be why your city or town enacted the rule. It's OK for you to go to the next council meeting and make your point (and I agree there should be some minimum safety measures at least).

That said, which can your community afford- a $30 million judgement if someone drowns in your pond or several hundred dollars for 9 signs? You might also want to research other measures you can take to reduce the risk of someone taking a dip, such as planting tall grasses around it. That may also keep geese away - I've heard they dont like tall grass around ponds, lakes, etc. because predators can hide in it.

Our retention pond is the responsibility of the city, since water from nearby streets also flows into the pond.