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

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

Key Facts

Erosion denial ground
§ 95.06(C), right-of-way permits
Scope
County road right-of-way grading only
Administered by
Public Works Superintendent (§ 95.14)
Also denied for
Drainage harm, unsightly views (§ 95.06)
Policy adopted
Ord. 620.1, passed 3-1-79
Max fine
$500, misdemeanor (§ 95.99)

Summary

Kenton County will not issue a right-of-way grading or excavation permit under Code § 95.06(C) if the work "will create erosion or stability problems." The standard is written into the county's driveway and entrance permitting scheme, not a stand-alone construction-site erosion ordinance.

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

Permits may not be issued if:

(A) The grading work or excavation will adversely affect natural drainage.

(B) The grading work or excavation will expose unsightly views.

(C) The grading work or excavation will create erosion or stability problems.

Full Breakdown

01 (Ord. 06 rather than through a separate sediment-control code. That section lists six grounds on which the Public Works Department may refuse a grading, excavation or landscaping permit, and erosion is the third: permits may not be issued if the work "will adversely affect natural drainage," will "expose unsightly views," or "will create erosion or stability problems," alongside added county maintenance burden. 07 works the same ground from the opposite direction, requiring that grading, excavating or landscaping on the right-of-way affirmatively "improve slope stability problems" or otherwise improve sight distance, drainage or mowing access before a permit can issue at all.

09 requires the permittee to provide adequate signing, traffic control and safety precautions. 14. Because these sections govern grading and excavation within the county road right-of-way specifically, they do not amount to a general land-disturbance or sediment-control ordinance for private construction sites elsewhere in unincorporated Kenton County; no such broader ordinance appears in this code.

Violations & Fines

Grading or excavating on a Kenton County road right-of-way without the § 95.02 permit, or in a manner that creates the erosion or stability problems § 95.06(C) is meant to screen out, is a misdemeanor under § 95.99, punishable by a fine of not more than $500, enforced by the Public Works Superintendent under § 95.14.

Frequently Asked Questions

Does Kenton County have an erosion control ordinance for construction?
Not a general one. The code addresses erosion only inside the Right-of-Way Encroachment Policy: § 95.06(C) lets Public Works deny a grading or excavation permit if the work "will create erosion or stability problems." That rule applies to grading on the county road right-of-way, not private construction sites generally.
Can Kenton County deny a driveway grading permit over erosion?
Yes. Section 95.06 lists erosion or stability problems as one of the reasons "permits may not be issued," alongside harm to natural drainage, unsightly views and added county maintenance burden, for grading, excavating or landscaping work on a county road right-of-way.
What happens if I grade a county right-of-way without a permit?
It is a misdemeanor under § 95.99, the chapter's penalty section, carrying a fine of not more than $500. The Public Works Superintendent, who administers the encroachment policy under § 95.14, enforces the permit and grading standards.

Sources & Official References

Other rules in Kenton County

All Kenton County rules

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