Environmental
When a Texas real estate agent lists a property that includes a decorative koi pond fed by a natural creek, the agent should be aware that:
AKoi ponds have no regulatory implications
BModifications to natural waterways, including diverting or damming creeks, may require permits from the Army Corps of Engineers and TCEQ✓ Correct
COnly ponds larger than 1 acre require permits
DThe Texas Railroad Commission regulates all water features
Explanation
Any modification to natural waterways—including diverting, damming, or altering creek channels—may require permits from the U.S. Army Corps of Engineers under Clean Water Act Section 404, and from TCEQ under Texas water rights law. Unpermitted alterations can create liability and title issues for the property owner.
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