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

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

Key Facts

Revegetation deadline
14 days from substantial completion of clearing and construction
Reseeding standard
Cover crop plus straw mulch until established over 90% of seeded area
Survival requirement
Minimum 75% of cover crop through the following year
Fallback erosion manual
University of Kentucky Transportation Center BMP publication
Enforcement
Notice of violation and stop work order from Planning Commission staff

Summary

In unincorporated Jessamine County, Kentucky, land cleared by development must be revegetated within 14 days from substantial completion of clearing and construction. Reseeding needs straw mulch until the cover crop covers 90% of the seeded area, and 75% of the cover must survive the following year.

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

Any area of land from which the natural vegetative cover has been either partially or wholly cleared or removed by development activities shall be revegetated within 14 days from the substantial completion of such clearing and construction. The following criteria shall apply to revegetation efforts: (A) Reseeding must be done with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until such time as the cover crop is established over 90% of the seeded area. (B) Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion. (C) Any area of revegetation must exhibit survival of a minimum of 75% of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum 75% survival for 1 year is achieved.

Full Breakdown

Section 156.092 of the Jessamine County Code, part of the stormwater post-construction chapter adopted by Ord. passed 4-30-2013, is the county's stabilization rule for cleared ground. Any area from which natural vegetative cover has been partially or wholly cleared or removed by development activities must be revegetated within 14 days from the substantial completion of the clearing and construction.

Three criteria govern the work. Reseeding must use an annual or perennial cover crop with straw mulch or its equivalent, in enough coverage to control erosion until the cover crop is established over 90% of the seeded area. Replanting with native woody and herbaceous vegetation needs the same mulch protection until the plantings are established and can control erosion on their own. Any revegetated area must show survival of a minimum of 75% of the cover crop throughout the year immediately following revegetation, and revegetation must be repeated in successive years until the 75% survival for 1 year is achieved.

Other provisions in the chapter back this up. Under Section 156.081, the applicant must prepare an erosion and sediment control plan for all construction related to implementing on-site stormwater management practices. Where the Fiscal Court has not adopted its own BMP Manual, Section 156.005 points to the University of Kentucky Transportation Center publication on Best Management Practices for Controlling Erosion, Sediment, and Pollutant Runoff from Construction Sites. Section 156.062 requires conveyance designs that eliminate erosive flow velocities.

Inspection is built into construction. The applicant must notify the Planning Commission staff before construction begins, staff conduct and document regular inspections, and under Section 156.090 no added work proceeds until violations are corrected and prior work is approved. The chapter applies to construction disturbing 1 or more acre, and logging and agricultural activity consistent with an approved soil conservation plan or timber management plan can be exempt.

Violations & Fines

A written notice of violation from the Planning Commission staff must describe the remedial measures and a time schedule, and carries a stop work order when the violation continues. Under Section 156.122 the holder must halt all construction other than correcting the notice until staff confirm compliance. Unpaid repair costs and penalties become a lien on the property. The published penalty line leaves its dollar and day amounts blank.

Frequently Asked Questions

How soon must cleared ground be revegetated in unincorporated Jessamine County?
Section 156.092 requires any area cleared of natural vegetative cover by development activities to be revegetated within 14 days from the substantial completion of the clearing and construction. The clock runs from substantial completion of the work, not from the day of the first grading or from the permit date.
What counts as successful revegetation under the county code?
Reseeded areas need straw mulch or its equivalent until the cover crop is established over 90% of the seeded area. The revegetated area must then show survival of a minimum of 75% of the cover crop throughout the next year, and the work repeats in successive years until that 75% mark is reached.
Does the county require an erosion and sediment control plan?
Section 156.081(K) requires the applicant to prepare an erosion and sediment control plan for all construction activities related to implementing any on-site stormwater management practices. The stormwater management plan the applicant files with the Planning Commission must also show the limits of clearing and grading.
What happens if a site violates the stabilization rules?
The Planning Commission staff issue a written notice of violation describing the fix and a time schedule, and the notice can include a stop work order. Work other than correcting the violation stops until staff confirm compliance. The owner can appeal within 15 days to the Jessamine County MS4 Committee.

Sources & Official References

Other rules in Jessamine County

All Jessamine County rules

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