Our home sits on a regular shape half acre lot. The rear 25% of the lot (same with the 5 neighbors next to me) is considered a detention pond so it has a gentle slope/swale. It is DRY and only has standing water a couple inches deep after heavy rains, but completely dries quickly... especially on my lot bc we are at the end where it is not very deep of a swale.
The builder told me I couldnt put a shed or structure on it, but a fence was OK. I paid for it, pay taxes on it, and am required to maintain it. HOWEVER, I am NOT allowed to build a FENCE through it for my security. The city is not allowing me bc they say in a 100 year flood the fence could create a flooding issue (it does not matter what kind of fence). Everywhere else I have lived, the detention areas are conveyed to the city and maintained by the HOA, or the HOA owns the land and maintains. Many detention areas (retention ares?) will even have playground equipment inside of them since theyre dry 99% of the time! The city told me an exception was made here in order to give the developer half acre sized lots to meet the minimum zoning.
Do I have any recourse here? Anyone had this issue before? I dont have anything on paper from the builder that said I could build a fence. It was a fiasco getting straight answers from them, but we were moving cross country and just pressed forward.
How is a fence considered a structure? Heck, I could even build it 4-6 inches off the ground to make sure any water could drain... but they say no. I'd love to secure and maintain the land I pay taxes on.
