Construction/Development Community Resources
​Regulations
 

 What regulations must be considered prior to site disturbance?

 
​Regulations dictating management of land disturbing activities should be reviewed at the local level and state levels in your area.
  
United States Army Corps of Engineers (USACE).

​If a project includes a drainage way, then a permit may be required by the USACE.

Federal Clean Water Act.

​The Clean Water Act (CWA) of 1972 was enacted to restore and limit further degradation of our nation’s waterways. Stormwater runoff is regulated through the National Pollutant Discharge Elimination System (NPDES) program, which grants permits for stormwater discharges. In Kentucky, the Kentucky Division of Water (KDOW) is authorized to administer the NPDES program, or the Kentucky Pollutant Discharge Elimination System (KPDES) program, which issues discharge permits.

KPDES General Stormwater Permit for Construction (KYR10).

​Stormwater runoff from construction related site disturbance throughout the Commonwealth is regulated under KYR10. The permit regulates disturbances of one or more acres or disturbances that are less than one acre but are part of a larger common plan of development or sale that is of one or more acres. This permit can only be used for discharges to waters that are not on the Impaired Waters list as impaired for sediment and for which an approved TMDL has been developed, a Cold Water Aquatic Habitat and Exceptional Water, an Outstanding National Resource Water, or an Outstanding State Resource Water.

  • Antidegradation. The KDOW has determined to include within the KYR10 General Permit additional protection requirements for construction activities discharging to “High Quality Waters” (waters otherwise requiring antidegredation review) such that compliance with certain special requirements result in no significant degredation in the receiving waters due to the permitted construction activity. Land disturbance activities are subject to antidegradation review by KDOW, which may require an individual permit and/or enhanced Best Management Practices (BMPs) to minimize degradation and prevent the permanent lowering of water quality.

 

Local Stormwater Regulations.

​Site disturbance within an MS4 (Municipal Separate Storm Sewer System) regulated jurisdiction (i.e. municipalities, counties, Kentucky Department of Transportation, universities, etc.) have plan review, inspection, and enforcement authority per their MS4 permits. Land disturbance activities within these jurisdictions must comply with local regulations, ordinances and site disturbance standards. Note that MS4 regulated jurisdictions may have the authority to regulate all site disturbance, including sites under one acre.

 

Recent News and Regulation Updates.

​ Federal, state and local regulations for construction site stormwater runoff are periodically reviewed and updated. As we become aware of pending and draft permits and stormwater regulations affecting Kentucky, they will be posted on our News page.