A "pond" shall be a water impoundment made by constructing a dam or embankment (hereinafter sometimes referred to as an "embankment pond"), or by excavation (hereinafter referred to as an "excavated pond"). "Ponds" resulting from both excavation and embankment shall be classified as "embankment ponds" where the depth of water impounded against the embankment at spillway elevation is three feet (3') or more. A dam safety permit shall be required from the Illinois department of natural resources when an embankment pond meets the definition of a "small dam" referenced in chapter 5 of this title. (1977 Code § 4-6-2; amd. 2004 Code)