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<br />July 2005
<br />Loss Control Recommendations for ond Safety
<br />
<br />By Ellen Longfellow
<br />
<br />When Gities allow development in
<br />their communities, they must also
<br />consider the associated water drainage
<br />issues. In many situations, creating
<br />storm water retention ponds is part of
<br />the city's water drainage solution. If
<br />the city does not build such ponds, it
<br />could potentially be liable for water
<br />damage to property.
<br />
<br />Storm water retention ponds, like any
<br />other body of water, however, create
<br />the possibility of certain risks. What if
<br />someone was injured or drowned in a
<br />city's storm water retention pond?
<br />What is the ciry's potential liability?
<br />Should the city have placed a fence
<br />around the pond? Are there any other
<br />measures the city can take to minimize
<br />the danger around ponds?
<br />
<br />From a legal standpoint, Minnesota
<br />court cases have held that cities may
<br />have a duty to secure constructed
<br />ponds if it is foreseeable that
<br />individuals, especially children, will be
<br />near such ponds. Cities are also legally
<br />responsible for exercising reasonable
<br />care in the design and maintenance of
<br />the ponds.
<br />
<br />Cities should consider ways to reduce
<br />or eliminate the potential risks
<br />associated with ponds.
<br />
<br />Fencing. The city should consider
<br />installing fencing if:
<br />The pond is in a location where
<br />children may congregate (parks,
<br />playgrounds, day care centers,
<br />schools) .
<br />The available land only allows
<br />construction of steep-sloped sides,
<br />The city knows that the pond is
<br />used for recreation purposes,
<br />even though the pond was not
<br />constructed for recreation
<br />purposes (e.g. swimming,
<br />fish ing, ice skating).
<br />
<br />Sloping. Cities should ensure that the
<br />slope of the pond is shallow; for
<br />example, by building a long, sloping
<br />shelf around the edge that leads to a
<br />deeper center. Such a design allows
<br />persons or animals that accidentally fall
<br />into the pond to easily wade out of the
<br />pond.
<br />
<br />Matn-ial. If the materials around the
<br />pond are slippery, such as clay or moss,
<br />the city should put down gravel or
<br />rocks so people who accidentally fall
<br />into the ponds can easily get out.
<br />
<br />Uses. If the pond is only being used for
<br />storm drainage retention, the city
<br />should clearly mark the pond with
<br />signs stating that other uses are not
<br />allowed and should periodically
<br />enforce those rules. For example, the
<br />signs might Slate the [ollowing: "No
<br />Swimming, No Fishing, No Skating,
<br />No Boating". The city could also
<br />publicize the rules pertaining to the
<br />use of the pond in the city newslerter
<br />and on the city web site.
<br />
<br />Other Uses. If the pond is being used
<br />for other purposes in addition to water
<br />retention, make sure it is maintained
<br />for those purposes. For example, if the
<br />city allows ice-skating on a pond
<br />during the winter, it must monitor the
<br />depth and condition of the ice. Or if a
<br />pond is available for fishing and the
<br />surrounding area is used for picnics,
<br />the city should make sure the pond
<br />and the surrounding area are safe for
<br />those specific uses.
<br />
<br />~. The city should not allow
<br />private docks to be built on city
<br />storm sewer ponds. Since the dock is
<br />connected to a city easement, the
<br />city would be potentially liable for
<br />any injuries that occur as a result of
<br />the use of the dock. If a city allows a .
<br />private dock, it should require the .
<br />.
<br />
<br />dock owner to have liability insurance
<br />and to sign an indemnification
<br />agreement.
<br />
<br />Signage. If dangerous conditions like
<br />thin ice or a steep slope exist and
<br />cannot be eliminated, the city should
<br />place signs warning of those
<br />conditions.
<br />
<br />Natural strip around pond. Consider
<br />not mowing strips around the ponds
<br />and allow them to grow wild. These
<br />areas will help fIlter runoff water
<br />before it reaches the pond, and will
<br />discourage animals and people from
<br />entering the pond.
<br />
<br />Document. The city should maintain
<br />records of any decisions relating to its
<br />ponds.
<br />
<br />Conclusion. Please consider and follow
<br />these loss control recommendations in
<br />order to make your storm water as safe
<br />as possible. You don't want to be in the
<br />position of solving your water drai.nage
<br />problems, but unintentionally creating
<br />a hazardous condition in f()\.lI city.
<br />
<br />Ellen Longfellow is loss control attorney
<br />with the League of Minnesota Cities
<br />Insurance Trust. Phone (651) 281-1269.
<br />E-mail' elongfel@lmnc.org.
<br />
<br />Reprinted from Loss Control Quarterly,
<br />Faa 2003
<br />
<br />Inside this issue...
<br />.
<br />
<br />Loss Control.Recommendations for
<br />Pond Safety
<br />Water Training Opportunities
<br />CCR deadline - July 1st
<br />Water Conservation Tips
<br />
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