Owensboro, KY Environmental Rules: Erosion Control (2026)
Key Facts
- Governing law
- Municipal Code Ch. 26 Art. II, Stormwater Ordinance
- Permit required
- Excavation, cut or fill permit before building
- Enforcing office
- City engineer's office
- Criminal penalty
- Up to $500 fine or 12 months jail
- Civil penalty
- Up to $1,000, due in 20 days
- Effective date
- July 1, 2014
Summary
Owensboro Municipal Code Sec. 26-355 bars owners, contractors and developers from building on a city lot before getting an excavation, cut or fill permit, and requires a state KPDES NOI/SWPPP, filed with the Division of Water and copied to the city engineer, whenever the permit review calls for one, with a qualified inspector monitoring the site.
(a)It shall be unlawful for any person (owner/contractor/developer) to do, or permit, authorize, allow or direct another person to do, or fail to do when required, any of the following:(1)Store any building material or construction equipment in any proposed or platted public right-of-way.(2)If required for the project, construct on any lot in the city prior to obtaining an excavation, cut or fill permit. In the review of the excavation, cut or fill permit application, the city engineer, or his designee, shall determine if a NOI/SWPPP is required by the owner/contractor/developer. If required, the NOI shall be submitted to the state division of water (DOW), and a copy of the NOI/SWPPP shall be delivered to the city engineer's office prior to the start of construction. ... The erosion control procedures employed in the field shall be those necessary to prevent pollution as specified in the current KPDES permit and the state erosion prevention and sediment control field guide and the state best management practices (BMPs) for controlling erosion, sediment, and pollutant runoff from construction sites, and shall be maintained and updated as needed.
Full Breakdown
Chapter 26, Article II of the Owensboro Municipal Code (the Stormwater Ordinance) makes construction-site erosion control mandatory citywide. Sec. 26-355 requires an excavation, cut or fill permit before building on any lot, and the city engineer decides during that permit review whether a KPDES Notice of Intent and Stormwater Pollution Prevention Plan (NOI/SWPPP) is required; if so, the NOI goes to the state Division of Water and a copy of the NOI/SWPPP must reach the city engineer's office before construction starts, then stay on the job site and be updated as field conditions change.
Sites that trigger an NOI/SWPPP must employ a qualified inspector, trained through the KEPSC program, to inspect the site and keep records on hand for the city engineer's staff; sites that do not trigger one must still maintain erosion-control devices, including rock runouts and sediment-transport controls, per the OMPC public improvement specifications. Sec. 26-354 separately bars dumping concrete, building material or yard waste into curbed gutters, ditches or storm inlets that drain to the MS4. Violations move through a graduated notice ladder under Sec. 26-358: a Notice of Deficiency gives 7 calendar days to fix a problem, a Level I Notice of Violation gives 3 days, a Level II notice adds a stop-work order with 7 days to correct (appealable in writing to the director of public works within 3 days), and a Level III notice triggers the penalties in Sec. 26-359. The article took effect July 1, 2014, per Sec. 26-363.
Violations & Fines
A Notice of Violation Level III under Sec. 26-359 makes the responsible owner or holder guilty of a Class A misdemeanor, punishable by a fine up to $500.00 or up to 12 months imprisonment, with each 24-hour period of continuing violation a separate offense. The city may also assess a civil penalty up to $1,000.00, due within 20 days, and can record a lien under KRS 82.720 to recover abatement costs plus fines. NOV II and NOV III notices can be appealed in writing to the director of public works within 3 days of receipt.
Frequently Asked Questions
Does a builder need a permit before grading a lot in Owensboro?
What is an NOI/SWPPP and when is it required in Owensboro?
What happens if a construction site violates Owensboro's erosion rules?
Can a builder appeal an erosion-control violation notice?
Sources & Official References
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