Lexington, KY Environmental Rules: Erosion Control (2026)

Chapter 16, Article X, Division 5 ("Reduction of Soil Erosion") covers clearing, grading, excavating and filling that disturbs the existing land surface urban-county-wide (§ 16-99, § 16-100). Exempt activities include ordinary agricultural practices such as plowing and home gardening, individual burial excavations at cemeteries, and seeding or sod replacement finished in under five days on less than 10,000 square feet (§ 16-100). Under § 16-101, any land-disturbing activity tied to a new residential or commercial building requires an erosion and sediment control plan and a land disturbance permit from the Division of Engineering regardless of acreage, while other clearing, grading, excavating, stripping or filling work triggers the same requirement once it reaches 5,000 square feet but stays under one acre.

010 must be prepared by a Kentucky-licensed professional engineer. The Division of Engineering has ten working days after receiving a plan to flag deficiencies in writing or issue the permit. A permit issued under § 16-101 expires one year after issuance, and expires early if work has not started within 180 days or has stalled for a continuous 180-day stretch; the permittee can request a written extension at least ten days before expiration by showing sufficient justification, that no new erosion hazard results, and a new completion date.

Larger projects of one acre or more move to § 16-104 and require coverage under the state's KYR10 general permit, with a notice of intent and SWPPP submitted to the Division at least 30 days before work begins. Permittees must post the permit at the work site in a conspicuous location under both sections.