Nicholasville, KY Environmental Rules: Erosion Control (2026)
Key Facts
- Revegetation deadline
- Ten days from substantial completion of clearing and construction
- Cover crop standard
- Straw mulch until established over 90% of seeded area
- Survival requirement
- 75% of cover crop through the following year
- Plan required
- Landscaping plan submitted with the final design
- Appeal path
- Code enforcement board, within 15 days of service
- Silt and mud fine
- $10 to $500, each day a separate offense (§ 19-11)
Summary
In Nicholasville, land stripped of its natural vegetative cover by development must be revegetated within ten days of substantial completion of the clearing and construction. Reseeding needs straw mulch or its equivalent until the cover crop covers ninety percent of the seeded area, and the planning commission enforces the rule through its stormwater permit process.
(a) 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 ten (10) days from the substantial completion of such clearing and construction. The following criteria shall apply to revegetation efforts: (1) 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 ninety percent (90%) of the seeded area. ... (3) Any area of revegetation must exhibit survival of a minimum of seventy-five percent (75%) of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum seventy-five percent (75%) survival for one (1) year is achieved.
Official source re-checked November 3, 2026: no newer edition of the code had been published (publisher’s edition: Local legislation current through Ord. No. 175-2024, dated 1-13-25 | State legislation current through 2024 Acts).
Full Breakdown
Section 26-282 of the storm water management article sets the stabilization standard. Under subsection (a), any area where development activities partially or wholly cleared or removed the natural vegetative cover must be revegetated within ten days from the substantial completion of the clearing and construction. Three criteria apply. Reseeding uses an annual or perennial cover crop with straw mulch or its equivalent, in sufficient coverage to control erosion until the crop is established over ninety percent of the seeded area. Replanting with native woody and herbaceous vegetation also needs mulch or its equivalent until the plantings are established and can control erosion. Any revegetated area must show survival of at least seventy-five percent of the cover crop throughout the year immediately following revegetation, and the work is repeated in successive years until one full year reaches that seventy-five percent mark.
Subsection (b) adds a paperwork step: a landscaping plan must be submitted with the final design. It describes the vegetative stabilization and management techniques to be used after construction, who is responsible for maintaining the vegetation, and what practices keep adequate cover in place.
These duties sit inside the permit process. Section 26-220 bars a landowner or land operator from receiving a building, grading or other land development permit for land disturbance activities until the article's requirements are met. Under § 26-221 the application goes to the planning commission with a storm water management plan, a maintenance agreement and all applicable nonrefundable permit review fees. Section 26-222 sets the review fee by the structure the planning commission establishes and requires payment before any grading or building permit issues.
Separate from construction permits, § 19-11 prohibits causing or permitting silt or mud from any source to reach a public way, street, storm sewer system or silt control device in amounts that create a hazard for traffic or pedestrians or a general nuisance.
Violations & Fines
The planning commission issues a written notice of violation, appealable to the code enforcement board by written notice within fifteen days of service. A notice or code enforcement citation triggers a stop work order that halts all construction until compliance is confirmed (§ 26-312). A violation is a misdemeanor of the first degree, each day a separate offense (§ 26-313), and the land can be ordered restored to its undisturbed condition, with the cost becoming a lien on the property (§ 26-314). Silt or mud on a public way under § 19-11 carries a fine of $10 to $500, each day of violation a separate offense.
Frequently Asked Questions
How long do I have to reseed after grading in Nicholasville?
What survival rate must new vegetation reach?
What must a land disturbance permit application include?
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Sources & Official References
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