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The bottom line is that if you've got a site with any wetland characteristics (ground water, stream, wetland vegetation), you'd be wise to run it by your state permitting agency, and the Corps. Corps laws vary from state to state, but in general it's a good idea to keep your pond under an acre, unless you're prepared to go through considerable permitting. (Towns may also have pond regulations.)

I've heard more than one horror story about someone who built a pond without permits, and was fined and required to restore the site.

Check with your state Department of Natural Resources, and district U.S. Army Corps of Engineers office for more detail on what rules apply to your area, and the proceedures to follow. The website for the U.S. Army Corps of Engineers is www.usace.army.mil/inet/functions/cwe/cecwo/reg Or check the Earth Ponds Sourcebook (Revised Edition) p. 155 for the phone number of your Corps district office.