401 KAR 4:060. Stream construction
RELATES TO: KRS 151.100, 151.110, 151.182,
151.184, 151.186, 151.210, 151.250, 151.260, 151.280, 151.310, 44 C.F.R. Part
STATUTORY AUTHORITY: KRS 151.125, 151.230
NECESSITY, FUNCTION, AND CONFORMITY: KRS
151.125 requires the secretary to establish requirements for flood control and
water resources. KRS 151.230 authorizes the cabinet to establish minimum
standards for floodplain management. This administrative regulation establishes
standards for construction in floodplain areas.
Section 1. Definitions. (1) "Areas
of shallow flooding" means a designated flood zone, shown on a FEMA Flood
Insurance Rate Map, with a one (1) percent or greater annual chance of flooding
to an average depth of one (1) to three (3) feet where clearly-defined channel
does not exist, where the path of flooding is unpredictable, where velocity
flow may be evident, and is characterized by ponding or sheet flow.
(2) "Backwater effect" means
the rise in water surface elevation caused by obstruction of a stream's flow,
such as by a narrow bridge opening, buildings or fill material that limits the
area through which the stream's flow must pass.
(3) "Base flood" means the
flood having a one (1) percent chance of being equaled or exceeded in any given
year, also called the 100-year frequency flood.
(4) "Base floodplain" means the
area along, adjacent to, and including a stream, which is inundated by the base
flood on that stream.
(5) "Base flood elevation" or "BFE"
means the elevation of the water surface measured above mean sea level, as
defined on the applicable FEMA Flood Insurance Rate Map (FIRM) in either the
NGVD 1929 or NAVD 1988 vertical datum, reached during the base flood.
(6) "Basement" means any area
of the building having its floor below ground level on all sides.
(7) "Conveyance" means a
measure of the flow-carrying capability of a stream cross section and is equal
to the flow rate at a given depth in cubic feet per second divided by the
square root of the slope of the energy grade line in feet per foot.
(8) "Cross section" means a
graph or plot of ground elevation across a stream valley or portion of it along
a line perpendicular to the direction of stream flow.
(9) "Designated floodway" means
the stream and that portion of the adjacent base floodplain specified by a
local ordinance or indicated on National Flood Insurance Program maps.
(10) "Dry flood proofing" means
modifying a structure so that it is watertight below the flood protection
elevation so that floodwaters cannot enter.
(11) "Energy grade line" means
a line that represents the elevation of the total energy head of water flowing
in a pipe, conduit, or channel.
(12) "Existing construction"
means any structure, manufactured home park, or subdivision constructed on or
before the effective date of the FEMA Flood Insurance Rate Map (FIRM) or the
Flood Hazard Boundary Map (FHBM) for the community where the proposed structure
is located, or in cases where no FIRMs are available, on or before October
(13) "Flood crest" means the
maximum stage or elevation reached or expected to be reached by waters of a
specific flood at a given location.
(14) "Flood frequency" means a
statistical expression of the average time period between floods equaling or
exceeding a given magnitude.
(15) "Flood Boundary and Floodway
Map" or "FBFM" means a map on which the Federal Emergency
Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated
the areas of flood hazards and the regulatory floodway, pursuant to 44 C.F.R.
Part 60 and 64.3.
(16) "Flood Hazard Boundary Map"
or "FHBM" means an official map of a community issued by FEMA,
pursuant to 44 C.F.R. Part 60 and 64.3, where the boundaries of the areas of special
flood hazard have been identified as Zone A.
(17) "Flood Insurance Rate Map"
or "FIRM" means an official map of a community on which FEMA,
pursuant to 44 C.F.R. Part 60 and 64.3, has delineated both the areas of
special flood hazard and the risk premium zones applicable to the community.
(18) "Flood Insurance Study" or
"FIS" is the official hydraulic and hydrological report by FEMA,
pursuant to 44 C.F.R. Part 60 and 64.3, containing flood profiles, the FIRM,
FHBM, where applicable, and the water surface elevation of the base flood.
(19) "Flood proofing" means
structural changes or adjustments to new or existing structures and facilities,
their contents, or their sites for the purpose of reducing or eliminating flood
damages by protecting against structural failure, keeping water out, or reducing
the effect of water entry, and includes dry flood proofing and wet flood
(20) "Flood warning" means the
issuance and dissemination of information about an imminent or current flood.
(21) "Historic structure" means
any structure that is:
(a) Listed individually in the National
Register of Historic Places or preliminarily determined by the Secretary of the
Interior as meeting the requirements for listing;
(b) Certified or preliminarily determined
as contributing to the historical significance of a registered historic
(c) Listed on the state inventory of
historic places; or
(d) Listed on a local inventory of
historic places in communities with historic preservation programs approved by
the state or the Secretary of the Interior.
(22) "Letters of Map Change" or
"LOMC" means an official FEMA determination by letter to amend or
revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps,
and Flood Insurance Studies.
(23) "Licensed engineer or land
surveyor" means a professional engineer or surveyor with accreditation in
the state of Kentucky.
(24) "Lowest floor" means the
lowest floor of the lowest enclosed area, including any basement, but does not
include an unfinished or flood resistant enclosure usable solely for parking of
vehicles, building access, or storage of mobile equipment or of property that
is not flood damageable in an area other than a basement.
(25) "Manufactured home" means
a structure, transportable in one (1) or more sections, that is built on a permanent
chassis and designed for use with or without a permanent foundation when
connected to utilities, but does not include recreational vehicles placed on a
site for less than 180 consecutive days.
(26) "National Flood Insurance
Program", or "NFIP", means a federal program which makes
available flood insurance protection to property owners in flood prone areas.
(27) "No impact" means a
certification by a licensed engineer that an encroachment shall not result in
any increase in the base flood elevation, floodwater elevations, and floodway
width during the occurrence of the base flood discharge, referred to as
"No Impact Certification".
(28) "NAVD 1988" means a
vertical control, as corrected in 1988, used a reference for establishing
varying elevations within the floodplain.
(29) "NGVD 1929" means a
vertical control, as corrected in 1929, used as a reference for establishing
varying elevations within the floodplain.
improvement" means any combination of repairs, reconstruction, alteration,
or improvement to a structure in which the cumulative cost does not exceed
fifty (50) percent of the present market value of the structure.
(31) "100-year flood" means a
flood of a magnitude having a one (1) percent chance of occurring in any given
(32) "Permit" means written
approval for any construction across, along, or adjacent to a stream subject to
the provisions of KRS 151.250.
(33) "Profile" means a graph or
elevation plot of the water surface or channel bottom against distance along
(34) "Recreational vehicle"
means a vehicle that is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured
at the largest horizontal projection;
(c) Designed to be self propelled or
permanently towable by a light duty truck; and
(d) Designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
(35) "Regulatory floodway"
means the stream channel and that portion of adjacent land area that is required
to pass flood flows without raising the base flood crest elevation by more than
one (1) foot.
(36) "Stream" is defined in KRS
(37) "Structure" means an
object constructed or installed which may be an obstruction to flood flows such
as buildings, manufactured homes, towers, smokestacks, and overhead
(38) "Substantial damage" means
damage of any origin sustained by a structure whereby the cost of restoring the
structure to before-damaged conditions would equal or exceed fifty (50) percent
of the market value of the structure before the damage occurred.
(39) "Substantial improvement"
means any combination of repairs, reconstruction, alteration, or improvements
to a structure, taking place during a one (1) year period, in which the cumulative
cost equals or exceeds fifty (50) percent of the market value of the structure,
excluding periodic maintenance and upkeep that does not increase the value of
(40) "Wet flood proofing" means
modifying the uninhabited portions of a house, such as a crawlspace so that
floodwaters may get in but will not cause significant damage.
Section 2. Applicability. This
administrative regulation shall apply to all construction across, along, or
adjacent to a stream (i.e., the base floodplain) or in the floodway of a stream
for which a construction permit is required pursuant to KRS 151.250, 44 C.F.R.
Part 60, and 44 C.F.R. 64.3, except for the construction of dams as defined in
Section 3. General Provisions. (1) This
administrative regulation shall constitute minimum criteria for the issuance of
permits for stream construction pursuant to KRS 151.250, 44 C.F.R. Part 60, and
44 C.F.R. 64.3.
(2) The applicant shall properly complete
an appropriate application form, incorporated by reference in Section 9 of this
administrative regulation, with all pertinent information and submit it to the
(3) Any construction limits specified in
the permit shall be plainly staked or otherwise marked on the site.
(4) Public notification.
(a) As part of the stream construction
permit issuance procedure, each applicant shall provide notice to all parties
who may incur additional flood-related damages as a result of the construction for
which a permit has been requested, except as provided in subparagraph 3 of this
1. For those projects that may have flooding
impacts beyond the local area of the construction, the applicant shall publish
a notice in the newspaper having greatest circulation in the area of the
a. This notice shall provide:
i. The name and address of the applicant;
ii. The location, nature, and extent of
the proposed construction; and
iii. The address and telephone number of
the Division of Water and stating the comments and objections shall be directed
to the division.
b. The notice shall be run for period of
three (3) consecutive days or printings of the newspaper; however, for weekly
newspapers or areas where newspapers are printed less frequently, the cabinet
may reduce this requirement to two (2) consecutive printings upon written
request of the applicant.
c. The public notice required in subparagraph
1 of this paragraph shall be at least three (3) column inches in size and shall
be large enough that all of the information required in subparagraph 1 of this paragraph
is easily readable.
2. If the cabinet determines that flood
impacts will be localized, the applicant may obtain and submit affidavits from
all parties who reside, own property, or have other legitimate property
interests in the affected areas. This affidavit shall contain a complete
description of the proposed construction, a place for concerned parties to sign
indicating that they have read the statement and that they understand that a
permit application is being submitted to the cabinet, and the name and address
of the cabinet representative to whom statements of concern or request for
hearing may be addressed.
3. For construction projects that will
have negligible flood impacts (e.g. placement of electrical utility power poles
or transmission towers if no fill is included or minor stream-bank
restoration), the cabinet may waive the public notification requirement after
receipt of a written request from the applicant to do so.
4. The cabinet shall notify all persons
filing comments or objections to the issuance of any permit of their right to
be heard pursuant to the provisions of KRS 151.182(2).
(b) Proof that the notice was published
or the original of the completed affidavit shall be provided to the cabinet
before the application shall be considered complete; however, technical review
of the application by the cabinet may proceed before proof is provided. Issuance
of the permit shall not proceed until sufficient proof of notice is submitted.
(c) If the cabinet determines any of the
conditions of paragraph (a) of this subsection are not met by the initial
notice or affidavit, it may require that the applicant place another notice or
provide another affidavit which does so. The application shall not be considered
complete until the applicable public notification provisions of this subsection
(5) The permit shall become effective on
the date of issuance and shall remain valid for a period of one (1) year.
Extensions may be requested in writing on a year-by-year basis and shall be
(a) The scope of work and ownership has
not changed; and
(b) There is no change in BFE or
(6) The permittee shall provide the
cabinet with written notification that construction was completed in accordance
with approved plans and specifications not later than ninety (90) days after
completion of construction. If any of the provisions of the permit are not met,
the cabinet may revoke the permit pursuant to KRS 151.125.
(7) If any watercourse, channel
relocation, or realignment, and any encroachment that causes a change in base
flood elevations takes place, all supporting technical data shall be submitted
to FEMA in order to obtain the appropriate Letter of Map Change (LOMC) to officially
amend the FIRM in a given community.
(8) Any substantial improvement that
increases the current market value of the structure by more than fifty (50)
percent shall be considered as new construction. The market value of the
structure shall be:
(a) The appraised fair market value of
the structure prior to the start of the initial repair or improvement; or
(b) If damage has occurred, the fair
market value of the structure prior to the damage.
(9) Substantial improvement shall be considered
to occur when the first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects the external
dimensions of the structure. The term does not; however, include any project
for substantial or nonsubstantial improvement of a structure required to comply
with existing health, sanitary, or safety code specifications which are solely
necessary to ensure safe living conditions.
Section 4. Uses of Regulatory Floodway.
(1) Except as provided in subsection 2 of this section, all encroachments,
including fill, new construction, substantial improvements, and other
development is prohibited unless certification with supporting technical data
by a licensed engineer is provided, that demonstrates that the encroachments
shall have "no impact" or not result in any increase in flood levels
during occurrence of the base flood discharge.
(2) The following activities or
structures shall be permitted for land within the regulatory floodway limits of
a stream if they do not result in increases in flood elevations:
(a) Open space uses having no appreciable
flood damage potential such as those associated with agriculture, silviculture,
recreation, parking, storage yards, and certain sand and gravel operation;
(b) Certain structures, such as aerial
utility crossings, that are related to allowable open space uses if the
structures are designed, constructed and placed on the lot so as to offer no obstruction
to flood flows;
(c) Structures necessary for navigation
and waterborne freight handling, for transportation or utility crossings, if every
effort has been made to reduce the impact of all of those facilities on
flooding and if the facilities considered alone or in conjunction with
permissible development above and below it and on the opposite side of the
stream do not create an increase in flood elevations in excess of that which is
appropriate for determination of the floodway boundaries at that site pursuant
to Section 5 of this administrative regulation;
(d) Dredging or other removal of material
from between the stream banks and the regulatory floodway, if disposal of the
dredged material is outside of the regulatory floodway;
(e) Recreational vehicles may be
permitted in the regulatory floodway for a period of no more than 180 days if
the vehicle is placed so that it can be moved easily in case of imminent flooding;
(f) Other activities exempted by 401 KAR
4:020 and 4:050.
Section 5. Determining Regulatory
Floodway Boundaries. (1) The regulatory floodway boundaries shall include the
stream channel and that portion of the adjacent land areas required to pass the
base flood discharge without increasing the water surface elevation at any
point more than one (1) foot. If the stream flow is supercritical, or if velocity
is so high that backwater considerations are not possible or appropriate, the
determination of regulatory floodway boundaries shall be based on a one (1)
foot maximum allowable rise in the energy grade line. If making these
calculations, the cabinet shall use methods which consider equal conveyance
losses on opposite sides of the stream.
(2) For stream segments for which a local
government has used methods comparable to those specified in this section to
define floodway boundaries and has adopted these boundaries by ordinance or for
which the Federal Emergency Management Agency (FEMA) has developed a Flood
Insurance Study (FIS), Flood Hazard Boundary Maps (FHBM), Flood Boundary and Floodway
Maps (FBFM), mapped floodway boundaries and areas of shallow flooding, the
cabinet shall consider these designated floodway boundaries to define the regulatory
floodway. If both locally-determined floodway boundaries and FEMA maps are
available, the more stringent shall apply for purposes of this administrative
(3) Notwithstanding any other provisions
of this administrative regulation, in areas containing one (1) or more houses
or commercial or industrial buildings that may be affected by flooding or at
other locations if the one (1) foot increase in base flood elevation (BFE) allowable
in determining regulatory floodway boundaries would create an undue increase in
flood damages, the cabinet may impose a more stringent limitation on the
(4) Base flood flow information shall be
determined by one (1) of the following methods, which are listed in descending
order of preference:
(a) The base flood flow frequency curve
for gauged sites on unregulated streams shall be obtained from the district
office of the U.S. Geological Survey or the appropriate U.S. Army Corps of
Engineers district office. This data shall be used to provide the best
discharge estimates for the site under consideration. Peak discharges for ungauged
sites on a gauged stream may consider both the gauged site information and
information from an appropriate regional estimate, if available. The transfer
technique for establishing discharges at the ungauged location shall be by
interpolation or extrapolation methods in keeping with best engineering
practices. For gauged streams with regulated flows, peak discharges shall be
obtained from the agency responsible for regulating the flow.
(b) For ungauged streams one (1) of the
following shall be used:
1. "Estimating the Magnitude of Peak
Flows for Streams in Kentucky for Selected Recurrence Intervals", U.S.
Geological Survey, Water Resources Investigations Report 03-4180, incorporated
by reference in Section 9 of this administrative regulation;
2. Natural Resources Conservation Service
"National Engineering Handbook, Part 630: Hydrology", incorporated by
reference in Section 9 of this administrative regulation; or
3. The cabinet may approve the use of
other generally accepted methods in keeping with best engineering practices.
(5) For areas below dams or impounding
structures, flood routings shall be determined as if the dam or impounding structure
does not exist.
(6) In performing the calculations for
regulatory floodway boundaries, the cabinet shall use standard engineering
(a) The applicant shall provide cross sections
for determining floodway boundaries at any proposed construction site if FEMA
maps are not available. All cross sections shall be referenced to mean sea
level, in either the NGVD 1929 or NAVD 1988 vertical datum, and shall have
vertical error tolerances of no more than plus or minus five-tenths (0.5) foot.
Cross sections elevations shall be taken at those points which represent
significant breaks in slope and at points where hydraulic characteristics of
the base floodplain change. Each cross section shall extend across the entire
base floodplain and shall be in the number and at the locations specified by
the cabinet. Submitted cross sections shall be in a tabular, electronic format.
If necessary to ensure that significant flood damage will not occur, the
cabinet may require additional cross sections or specific site elevations which
extend beyond those needed for making routine regulatory floodway boundary
(b) Roughness values for use in
regulatory floodway computations shall be calibrated from existing flood
information, if possible. If the information is not available, the cabinet
shall base these values on the professional judgment of the cabinet's staff in
keeping with best engineering practices. The cabinet may require the applicant
to provide photographs or other information if it is helpful in making this
(c) Slope values used for regulatory
floodway boundary calculations shall be based on flood profiles if available.
(d) Conveyance loss shall be calculated
through an equal loss method.
Section 6. Placement of Flood-damageable
Property in Floodplain. (1) In order to minimize or prevent the harmful effects
of stream flooding, the cabinet shall not issue permits for the placement or
construction of flood-damageable property in the base floodplains of streams,
unless the placement or construction conforms to the requirements of the following
(2) In issuing construction permits
pursuant to KRS 151.250 for the placement of flood-damageable property within the
base flood inundation area the cabinet shall require the following:
(a) All new construction and substantial
improvements of residential structures within the base floodplain shall have
the lowest floor (including basement) elevated to at least the base flood elevation;
(b) All new construction and substantial
improvements of existing construction and nonresidential structures within the
base floodplain shall meet the following conditions:
1. The lowest floor (including basement)
shall be elevated to the base flood elevation or above; or
2. Together with attendant utility and
sanitary facilities, shall be designed with the application of dry flood
proofing techniques, so that below the base flood level the structure is properly
flood proofed with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
(c) New construction or substantial
improvements of existing construction or elevated structures that include
fully-enclosed areas formed by foundation and other exterior walls below the
base flood elevation shall be designed with the application of wet flood
proofing techniques to preclude finished living space and designed to allow for
entry and exit of floodwaters to automatically equalize hydrostatic flood
forces on exterior walls.
1. Opening sizes for complying with this
requirement shall meet the following minimum criteria:
a. Provide a minimum of two (2) openings
having a total net area of not less than one (1) square inch for every square
foot of enclosed area subject to flooding;
b. The bottom of all openings shall be no
higher than one (1) foot above foundation interior grade, which shall be equal
in elevation to or higher than the exterior foundation grade; and
c. Opening may be equipped with screens,
louvers, valves, or other coverings or devices provided they permit the
automatic flow of floodwaters in both directions.
2. The interior portion of the enclosed
areas shall not be partitioned or finished into separate rooms.
(d) The floor elevation or the flood
proofing certification shall be provided by the permittee after the lowest
floor is completed. Upon placement of the lowest floor, or flood proofing by
whatever construction means, the permit holder or owners shall submit to the
Division of Water a certification of the elevation of the lowest floor or flood
proofed elevation, using the FEMA Elevation or Floodproofing Certificate, whichever
is applicable, as built, in relation to mean sea level. The document shall be
prepared and certified by or under the direct supervision of a licensed land
surveyor or engineer. If flood proofing is used for a particular building, the
certification shall be prepared by or under the direct supervision of a licensed
engineer. Any work undertaken prior to submission of the certification shall be
at the permit holder's or owner's risk. The Division of Water shall review the
floor elevation survey data submitted. Deficiencies detected by the cabinet's
review shall be corrected by the permit holder or owner immediately and prior
to further progressive work being performed. Failure to submit the survey or
failure to make the required corrections, shall be cause to issue a stop-work
order for the project; and
(e) All manufactured homes, except in an
existing manufactured home park or subdivision, shall be elevated to the base
flood elevation and properly anchored to resist flotation, collapse, or lateral
movement. If placed in an existing manufactured home park or subdivision the
home shall be elevated no less than three (3) feet above grade, and properly
anchored. Any manufactured home placed in an existing manufactured home park or
subdivision on which a manufactured home has incurred substantial damage equal
to or exceeding fifty (50) percent of its predamaged market value as a result
of a flood shall be elevated to the base flood elevation and properly anchored.
The expansion of an existing manufactured home park or subdivision constitutes
new construction and placement in that newly developed area shall conform to
both base flood elevation and anchoring requirements.
Section 7. Construction Materials. All materials
used in projects shall be stable and inert, shall be free from pollutants and
floatable objects, and shall meet all appropriate engineering standards applicable
to the construction project.
Section 8. Variances and Exceptions. (1)
Encroachments which cause a backwater effect of more than one (1) foot may be
allowed by the cabinet if:
(a) The applicant owns the entire
affected property on both sides of the stream;
(b) The amount of backwater at the
nearest upstream property line is no more than considerations in Section 5 of
this administrative regulation would allow; and
(c) The cabinet has reasonable assurances
that none of the applicant's property within the area of the excessive
backwater shall be subdivided and sold. Reasonable assurances shall include:
1. Zoning considerations that would
preclude subdivision of the property;
2. Deed restrictions that would preclude
subdivision of the property;
3. Restrictive floodplain construction easements
identifying the Commonwealth of Kentucky as owner of the easement; or
4. All structures built in these areas
shall have their lowest floor elevation at or above the altered elevation or be
flood proofed to that elevation.
(2) The cabinet may allow regulatory
floodway boundaries to be shifted by changing allocation of conveyance losses. The
cabinet may redesignate the regulatory floodway boundary on one (1) side of a
stream to be closer to the stream channel if a permanent flooding easement is
provided for a compensating area on the opposite side. This easement shall
include that area extending from the top of the opposite stream bank to
whatever distance away from the stream that is required to compensate for the
proposed streamward shift of the floodway boundary. The easement shall specify
the Commonwealth as owner of the easement rights and shall prohibit the
placement of any obstruction on the property. The easement shall be filed of
record in the county where the property is located and the grantor shall
provide proof to the cabinet that the easement has been recorded. If regulatory
floodway boundary changes are approved by the cabinet, the applicant shall be
responsible for having changes made to the appropriate FEMA boundary maps.
(3) If an area along a stream is incorrectly
indicated within the designated floodway on the FEMA map, an applicant may submit
an independent hydraulic analysis performed by a qualified licensed engineer
that demonstrates the area is not within the designated floodway. The applicant
shall be responsible for obtaining all site-specific information for the
analysis including, if necessary, the information used for the initial FEMA
study. The cabinet shall review the analysis and, if the mapped information is incorrect,
it may issue a permit based on the revised information. The cabinet's permit shall
reflect the boundaries determined by the corrected analysis. The applicant
shall be responsible for submitting the revised information to FEMA. After
review, FEMA may develop Letters of Map Change (LOMC) to amend or revise the
affected FIRM, FBFM, or FIS. LOMCs include the following categories:
(a) A Conditional Letter of Map Amendment
(CLOMA), which is FEMA's comment on whether a proposed project would be excluded
from the Special Flood Hazard Area (SFHA) shown on the effective National Flood
Insurance Program (NFIP) map.
(b) A Conditional Letter of Map Revision
(CLOMR), which is FEMA'S comment on a proposed project that would affect the
hydrologic or hydraulic characteristics of a flooding source and thus result in
the modification of the existing regulatory floodway or effective Base Flood
(c) A Conditional Letter of Map Revision
based on Fill (CLOMR-F), which is FEMA'S comment on whether a proposed project
involving the placement of fill would exclude an area from the SFHA shown on
the NFIP map.
(d) A Letter of Map Amendment (LOMA),
which is an official amendment, by letter, to an effective NFIP map. A LOMA
establishes a property's location in relation to the SFHA.
(e) A Letter of Map Revision (LOMR),
which is an official revision, by letter, to an effective NFIP map.
(f) A Letter of Map Revision based on
Fill (LOMR-F), which is an official revision, by letter, to an effective NFIP
(4) Exceptions to Section 6 of this
administrative regulation may be allowed for the reconstruction,
rehabilitation, or restoration of historic structures if the proposed repair,
rehabilitation, or restoration will not preclude the structure's continued
designation as a historic structure and the exception is the minimum necessary
to preserve historic character and design of the structure.
(5) Exceptions may be allowed for the
requirement of a hydraulic or hydrologic study for the replacement or
reconstruction of county or city bridges, if:
(a) The new bridge, as designed, will be
capable of passing as much or more flow at the base flood level; and
(b) There are no significant changes in
the elevation and grades of the existing approaches and roadway which may be
within the base floodplain.
(6) Exceptions may be allowed for the
requirement of a hydraulic study for a new clear span bridge, if the deck
abutments are recessed within the stream banks with no approach fill and if the
chord depths, including curbs, are no greater than eighteen (18) inches.
(7) Exceptions may be allowed for the
requirement of a hydraulic study for low water crossings, if the structure is
constructed in accordance with the cabinet's standard low water crossing
template found in document DOW 84-01, incorporated by reference in Section 9 of
this administrative regulation.
Section 9. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Estimating the Magnitude of
Peak Flows for Streams in Kentucky for Selected Recurrence Intervals, U.S.
Geological Survey, Water Resources Investigations Report 03-4180, 2003",
(b) "National Engineering Handbook,
Part 630: Hydrology, Natural Resources Conservation Service, July 2001";
(c) "Kentucky Model Flood Damage
Prevention Ordinance, 2004";
(d) "Kentucky Division of Water
Policy Document DOW 84-01, 5/18/1984"; and
(e) "Application for Permit to
Construct Across or Along a Stream and/or Water Quality Certification, DOW
7116, January 2004".
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Kentucky
Division of Water, 200 Fair Oaks Lane, Frankfort, Kentucky 40601, Monday through
Friday, 8 a.m. to 4:30 p.m. (14 Ky.R. 316; Am. 556; eff. 10-2-87;
20 Ky.R. 3005; eff. 7-7-94; 33 Ky.R. 1122; 2283; eff. 3-9-2007; TAm eff. 11-25-08.)