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Franklin County, KY Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Core requirement
EPSC measures for any land-disturbance activity
Design guide
County Storm Water Procedures Manual
State permit threshold
KPDES general permit for one acre or more
Land disturbance fee
$100 for land disturbance or early grading (§ 150.03)
NOV correction window
Five calendar days before a stop work order
Criminal fine
$100 to $500, or up to 90 days, per offense

Summary

In unincorporated Franklin County, Kentucky, every land-disturbance activity must use erosion protection and sediment control measures designed from the county's Storm Water Procedures Manual, under Franklin County Code § 153.04. Notices of violation and stop work orders enforce the chapter, and violations carry fines of $100 to $500 per offense, with each day a separate offense.

These county ordinances apply to unincorporated areas of Franklin County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

The county has adopted a Storm Water Procedures Manual that is a compilation of rules, design criteria and standards of proven methods for controlling construction related surface runoff, erosion and sedimentation. The Storm Water Procedures Manual shall be used as a guide during the design and selection of appropriate erosion protection and sediment control (EPSC) measures and required as part of any land-disturbance activity in the county. Maintenance of EPSC measures shall also be performed to further minimize adverse impacts on water quality.

Full Breakdown

Section 153.04 says the county has adopted a Storm Water Procedures Manual, a compilation of rules, design criteria and standards for controlling construction related surface runoff, erosion and sedimentation. The manual guides the design and selection of erosion protection and sediment control (EPSC) measures, which are required as part of any land-disturbance activity in the county, and the measures must be maintained to minimize adverse impacts on water quality.

Section 153.05 says the manual describes the land-disturbance permitting process, including the types of permits, the required submittal materials and the review for each application. Following the chapter does not exempt a permittee from coverage under the state Division of Water's KPDES storm water general permit, which applies to construction that disturbs one acre or more and is obtained by filing a notice of intent. The county's own fee schedule in § 150.03 lists land disturbance or early grading at $100.

The chapter's definition of land-disturbance activity excludes minor activities such as underground utility repairs, home gardens and minor repairs, installation of fence, sign, telephone and electric poles and other posts, and emergency work to protect life, limb or property.

Under § 153.06 the permittee is self-policing and must correct any EPSC measures that are not working at all times during construction, noting every update in the SWPPP. County inspectors can inspect any land-disturbing activity and review the inspection and repair records.

Under § 153.07, a notice of violation or stop work order can be posted when work proceeds without a permit, the SWPPP is not fully implemented, or permit conditions are not met. The violation must be corrected within five calendar days or a stop work order issues, and the permit can be revoked if compliance does not follow within five calendar days.

Violations & Fines

Section 153.99 makes a violation a misdemeanor with a fine of not less than $100 and not more than $500, or imprisonment of not more than 90 days, or both, for each separate offense, and each day is a separate offense. Ten calendar days after a stop work order the county can issue a notice of intent and, after 14 days, perform the work and bill the landowner or permittee. The county can also seek an injunction.

Frequently Asked Questions

What erosion controls does unincorporated Franklin County, Kentucky require?
Section 153.04 requires erosion protection and sediment control measures for any land-disturbance activity in the county, designed and selected using the county's Storm Water Procedures Manual. The measures must also be maintained to minimize adverse impacts on water quality, and the permittee must correct measures that are not working.
Does the county permit satisfy the state storm water permit?
No. Section 153.05 says complying with the chapter does not exempt the permittee from obtaining coverage under the state Division of Water's KPDES storm water general permit for construction activities. That general permit covers sites disturbing one acre or more and coverage is obtained by filing a notice of intent.
Are fence posts and home gardens covered?
No. The definition of land-disturbance activity in § 153.03 excludes minor activities including underground utility repairs, replacement of existing utilities, home gardens and minor repairs, and installation of fence, sign, telephone and electric poles and other posts. Emergency work to protect life, limb or property is also excluded.
What happens if I disturb land without a permit?
A notice of violation or stop work order can be posted for work without a permit. A violation enforced by notice must be corrected within five calendar days or a stop work order issues. The county can ask the County Attorney for an injunction, and § 153.99 sets fines of $100 to $500 per offense.

Sources & Official References

Other rules in Franklin County

All Franklin County rules

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