Construction in or along a stream in the Commonwealth requires a permit from the Kentucky Division of Water (DOW). Construction in a floodplain without such a permit is a violation of KRS 151.250 and thereby becomes the responsibility of the Dam Safety and Floodplain Compliance Section. This section receives complaints concerning unpermitted construction either directly from the public or through the Compliance and Technical Assistance Branch.
When such a report is made, the Compliance and Technical Assistance Branch conducts a site investigation. If the construction is determined to be a violation of KRS 151, a Notice of Violation (NOV) may be issued... The NOV outlines the necessary remedial work and a compliance date.
The owner must then submit a Remedial Information Application form to the Floodplain Compliance Section. Additional information or the services of a licensed professional engineer may be required to determine compliance. If the work is determined to conform to the requirements of 401 KAR 4:060, the fill material or structure may be allowed to remain. However, the owner may be required to modify or remove material that is not in compliance with stream construction regulations.
When an owner refuses to provide an evaluation or survey by an engineer or to perform necessary remedial work, the case is referred to Division of Enforcement (DOE) for more formalized enforcement action. As the case goes through Division of Enforcement (DOE) and the Office of General Counsel, section staff provides ongoing engineering support. Survey measurements and complete hydraulic studies are frequently undertaken to support the enforcement case.
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