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Jefferson County, KY Environmental Rules: Grading & Drainage (2026)

Some Restrictions

Verified 1 month ago|Source: LMCO Chapter 157 →

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Key Facts

Permit Threshold: 50 cubic yards / 5,000 sq ft
Retaining Wall: Permit if over 4 ft
Drainage Slope: 6 in. fall in first 10 ft
KY Rule: Reasonable use for surface water
Code: LMCO Ch. 157 + 2018 KRC

Summary

Louisville Metro requires grading permits for excavation or fill over 50 cubic yards or disturbance over 5,000 sq ft per LMCO Chapter 157 and MSD Design Manual, with drainage designed so runoff does not harm adjoining properties under Kentucky common-law rules.

Full Breakdown

Grading and drainage in Jefferson County are governed by LMCO Chapter 157 (Grading and Excavation) and the 2018 Kentucky Residential Code (KRC) as adopted by Louisville Metro's Department of Codes and Regulations. A grading permit is required for excavation or fill exceeding 50 cubic yards, land disturbance exceeding 5,000 square feet, cuts deeper than 5 feet, or fills higher than 3 feet. Retaining walls over 4 feet (measured from footing bottom) require a separate building permit and sealed engineering per KRC R404. Drainage must be directed away from structures (minimum 6 inches fall in first 10 feet, IRC R401.3) and cannot be concentrated onto adjoining properties. Kentucky follows the modified common enemy / reasonable use rule for surface water (see Klutey v. Commonwealth). MSD reviews drainage for any site requiring development plan approval. Compaction testing per ASTM D698 required for structural fill. Slopes steeper than 2:1 need geotechnical review.

Violations & Fines

Unpermitted grading: stop-work order and fines up to $500 per day under LMCO 157.99. Redirecting concentrated runoff onto a neighbor: civil liability and MSD corrective action. Retaining wall failure or unpermitted wall: removal order plus engineering costs. Improper fill in floodplain: additional LMCO 158 penalties.

Frequently Asked Questions

Do I need a permit to add fill dirt in my yard?

Yes if more than 50 cubic yards or over 5,000 sq ft disturbed, per LMCO 157. Smaller amounts still can't redirect water to neighbors.

Who handles drainage disputes with neighbors?

MSD investigates concentrated-flow complaints; diffuse surface water disputes are typically civil matters under Kentucky's reasonable use doctrine.

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See how Jefferson County's grading & drainage rules stack up against other locations.

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Jefferson County, KY Environmental Rules: Grading & Drainage (2026)

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