Daviess County, KY Environmental Rules: Erosion Control (2026)
Key Facts
- Governing chapter
- Code of Ordinances Ch. 51
- Permit required first
- Excavation, cut or fill permit
- NOD correction window
- 7 calendar days
- NOV I correction window
- 3 calendar days
- Criminal penalty
- Class A misdemeanor, up to $500/12 mo
- Civil penalty cap
- Up to $1,000
Summary
Daviess County bars construction on any lot until an excavation, cut or fill permit is obtained, and requires erosion controls that meet the state KPDES general permit and the state erosion prevention and sediment control field guide. The County Engineer decides whether a full NOI/SWPPP is needed before work starts.
It shall be unlawful for any person (owner/contractor/developer) to do, or permit, authorize, allow, or direct another person to do, or fail to do when required, any of the following: (A) Store any building material or construction equipment in any proposed or platted public right-of-way; (B) If required for the project, construct on any lot in the county prior to obtaining an excavation, cut or fill permit... The erosion control procedures employed in the field shall be those necessary to prevent pollution as specified in the current KPDES permit and the state erosion prevention and sediment control field guide and the state best management practices (BMPs) for controlling erosion, sediment, and pollutant runoff from construction sites, and shall be maintained and updated as needed.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-20: Supplement contains: Local legislation current through Ord. KOC 520.3 (2025), passed 12-18-2025; and State legislation current through KRS Pamphlet 2025).
Full Breakdown
05 makes it unlawful for an owner, contractor or developer to store building material or equipment in a proposed or platted public right-of-way, or to construct on any lot before obtaining an excavation, cut or fill permit. During permit review, the County Engineer or a designee determines whether a Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP) must be filed with the state Division of Water before construction starts; a copy goes to the County Engineer's office, must be kept on the job site, and is updated as needed to reflect field conditions.
Erosion control practices in the field must follow the current KPDES general permit, the state erosion prevention and sediment control field guide, and the state's BMPs for erosion, sediment and pollutant runoff on construction sites. When an NOI/SWPPP is required, the site must also employ a qualified inspector who maintains inspection records available to the County Engineer at all times. Sites that don't require an NOI/SWPPP must still maintain erosion control devices, including rock runouts and sediment transport controls, per the Public Improvement Specifications. A Notice of Termination (NOT) goes to the state Division of Water once construction ends and final soil stabilization is confirmed at an on-site closeout meeting with the County Engineer's staff, with a copy filed with the county. 99.
Violations & Fines
A Level III violation is a Class A misdemeanor: a fine up to $500 and/or up to 12 months in jail, with each 24-hour period of continuing violation a separate offense under § 51.99. The county can also assess a civil penalty up to $1,000 payable within 20 days, pursue injunctive relief, and recover unpaid civil penalties as a civil debt.
Frequently Asked Questions
Do I need a permit before starting a construction project in unincorporated Daviess County?
What happens if my erosion controls fail inspection?
What can I be fined for violating the erosion control rules?
Sources & Official References
Other rules in Daviess County
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