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, section staff evaluates all available data and, if necessary, conducts a site investigation. When the construction is not a violation of KRS 151 (e.g., it is not actually within the floodplain or is of insufficient size to pose any obstruction to flood flows), the case is closed.
A Notice of Violation (NOV) is issued by the Division of Enforcement (DOE) when it is determined that there is a violation of KRS 151. The NOV outlines the necessary remedial work and a completion date. The owner must then submit to the Floodplain Compliance Section a Remedial Information Application form. If the owner submits an evaluation by an engineer that shows work conforms to 401 KAR 4:060, the fill material or structure is usually allowed to remain and the case is closed. When an owner submits only surveyed cross-sections of the construction site, a computer program evaluates how the construction affects flood levels. The owner will 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 DOE for more formalized enforcement action. As the case goes through DOE and the Office of Legal Services, section staff provide ongoing engineering support. Survey measurements and complete hydraulic studies are frequently undertaken to support the enforcement case.
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