Pond Safety

Section 36-3 of the Code requires that a person who owns or controls land that includes a publicly accessible pond must post warning signs around the pond and at any major approach to the pond, such as a path. It is the purpose of this regulation to establish standards for warning signs, including the size, message, construction, placement and maintenance.

The Director of the Department of Environmental Protection must recommend regulations for adoption by the County Executive to administer the provisions of Chapter 36, "Pond Safety" as specified in Section 36-3 of the Code.

A publicly accessible pond is defined as a water impoundment that:

A. Retains a permanent pool more than 24 inches deep and 20 feet across at its widest point,

B. Is not a swimming pool as defined in Chapter 51 of the Montgomery County Code, and

C. Is not surrounded by a continuous, permanent fence or barrier ( at least four feet high with no opening wider than two inches) within 100 feet of the shoreline.

A. Placement:

1. Warning signs must be posted on all sides of a publicly accessible pond and at any major approach to the pond, such as a path.

2. Warning signs may be posted either in the pond or on the shore.

3. Warning signs must be visible from shore and not obscured by vegetation or other obstructions.

4. Warning signs at golf courses may be posted at the main entrance to the golf course rather than at each pond.

B. Size:

1. Warning signs must be at least 18 inches high by 24 inches wide.

2. Lettering on warning signs must be at least 2 inches high and any graphics must be large enough to be clearly seen.

C. Construction:

1. Warning signs must be made of a weather resistant material such as metal, pressure treated wood, plastic or other approved equivalent.

2. All lettering, graphics and the surface of the sign must be composed of a weather resistant material.

3. The sign must be securely anchored.

D. Message:

1. The warning sign must, at a minimum, warn that entering the water to swim, skate, or boat is unsafe. The sign may use the international symbols for prohibited activities.

2. The sign must provide a legible written message and appropriate graphics. Examples of acceptable signs are attached and incorporated in this regulation.

E. Maintenance:

Warning signs required under Chapter 36 must be maintained in good condition by the person who owns or controls land that includes a publicly accessible pond.

Any violation of any provision of this regulation is punishable as a Class A violation as set forth in Section 36-7 of the Code.

This Executive Regulation will take effect on the date of adoption by the County Council or, 60 days after it is received by the Council if the Council takes no action to either approve or disapprove.