TWO CHILDREN LOST THEIR LIVES. NOW DAYTONA BEACH IS CONSIDERING NEW RETENTION POND SAFETY RULES. WILL EXISTING COMMUNITIES BE PROTECTED?
A tragedy that changed the conversation: The deaths of 5-year-old Elijah Hawkins and 3-year-old Kashh Williams have brought renewed attention to the safety of unfenced retention ponds throughout Daytona Beach.
Commissioners want stronger protections: At their November 4 meeting, city leaders directed staff to develop a proposed ordinance addressing physical barriers and other safety measures around retention ponds.
What about existing apartment complexes? One of the biggest questions is whether new requirements could apply to properties that already have retention ponds, rather than just future developments.
Fences aren’t the only solution: Officials have also discussed landscaping barriers, vegetation and changes to pond slopes as possible ways to reduce the risk of accidental drownings.
Residents deserve answers: Who will pay for these improvements? How will requirements be enforced? And when can residents expect to see changes?
DAYTONA BEACH, FLORIDA — Two young children lost their lives in a retention pond. Now, Daytona Beach officials are being asked to make sure another family never has to experience the same tragedy.
The deaths of brothers Elijah Hawkins, 5, and Kashh Williams, 3, have sparked a community-wide conversation about the safety of stormwater retention ponds, particularly those located near apartment complexes and residential communities.
What followed was a push from grieving family members, residents and local officials for stronger protections around these bodies of water.
And now, that conversation is moving toward a proposed city ordinance.
A tragedy that sparked a push for change
The two boys died after being found in a retention pond near the Reserve at Clyde Morris Landings apartment complex in Daytona Beach in October.
Their deaths left family members and neighbors devastated and raised difficult questions about how easily young children can access residential ponds that may not have physical barriers surrounding them.
For many residents, the question became simple: Could additional safety measures help prevent another tragedy?
That question eventually reached the Daytona Beach City Commission.
City commissioners move toward a proposed ordinance
During the November 4 City Commission meeting, officials revisited the issue of retention pond safety.
Family members of the two boys attended the meeting, hoping their loss could lead to changes that might protect other children.
Commissioner Dannette Henry expressed support for stronger protections, including the possibility of requiring fencing around retention ponds.
City planning staff presented potential safety measures, including physical fencing, landscaping barriers, vegetation and modifications to pond slopes.
Commissioners also discussed whether requirements could extend to existing apartment complexes, rather than applying only to future construction.
Following the discussion, commissioners directed staff to develop a proposed ordinance addressing retention pond safety.
No ordinance has been adopted yet.
The biggest question: What happens to existing communities?
One of the most important issues raised during the discussion is whether existing apartment complexes could be required to install fencing or other protective barriers.
This matters because many residential communities already have retention ponds situated near homes, sidewalks, playgrounds and common areas.
Requiring protections only on newly constructed developments could leave existing communities facing the same safety concerns.
However, requiring improvements to existing properties presents legal and financial challenges.
City Attorney Benjamin Gross discussed potential legal challenges under Florida’s Bert Harris Act, which can provide property owners with remedies when certain government actions affect property rights.
City staff also identified restrictions under Florida Senate Bill 180 that could limit certain local development-regulation changes until October 2027.
These issues could affect how quickly the city can implement new requirements and how broadly they can apply.
Are fences the only answer?
While fencing has received much of the attention, officials have discussed several possible approaches.
These include:
- Physical fencing designed to prevent young children from accessing the water.
- Landscaping and dense vegetation that create barriers.
- Changes to pond-bank slopes that could make it easier for someone to get out of the water.
- Additional safety standards for future apartment and multifamily developments.
There are also questions about visibility, maintenance, installation costs and the types of barriers that would actually provide meaningful protection.
The challenge is finding safety measures that work while accounting for the different designs and conditions of residential stormwater ponds.
Who is responsible for keeping residents safe?
This is where the conversation becomes bigger than one apartment complex or one city ordinance.
Retention ponds are common throughout Volusia County. They can be found beside apartment buildings, residential subdivisions, shopping centers and other developed properties.
Residents may walk past them every day without giving much thought to the potential dangers.
The Daytona Beach discussion raises an important question for property owners, developers, homeowners associations and local governments: What responsibility should they have to protect people who live near these bodies of water?
It is a question worth asking in Port Orange, South Daytona, Edgewater and New Smyrna Beach, too.
What happens next?
Daytona Beach commissioners have directed city staff to prepare a proposed ordinance, but several important details still need to be worked out.
Residents deserve to know what protections may be required, which properties could be affected, who would be responsible for installation and maintenance, and when any changes could take effect.
The families who have already experienced unimaginable loss cannot get their children back.
But the decisions made now could influence how residential communities approach pond safety for years to come.
My Local Press will continue following this issue and will update readers as Daytona Beach officials release additional information or bring a proposed ordinance forward.
WE WANT TO HEAR FROM YOU
Should apartment complexes and residential communities be required to install fencing or other protective barriers around retention ponds?
Should the requirements apply to existing properties, or only new developments?
Do you have a retention pond near your home that concerns you?
Share your thoughts in the comments. We want to hear from residents throughout Volusia County.