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Lexington, KY Environmental Rules: Stormwater Management (2026)

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

Key Facts

Enforcing agency
Division of Water Quality
Annual filing deadline
January 31 each year
New facility SWPPP deadline
90 days after notification
Max civil fine
$15,000 per violation per day
Max criminal penalty
$15,000/day + up to 365 days jail
Governing chapter
Code of Ordinances ch. 16, art. X, div. 3

Summary

High-risk industrial and commercial facilities in Lexington-Fayette must file a Stormwater Pollution Prevention Plan (SWPPP) with the Division of Water Quality every year by January 31, whether or not they hold a state KPDES stormwater permit, under Code of Ordinances § 16-90.

The owner, operator, or manager of a high-risk industrial facility that has a KPDES permit for stormwater discharges shall submit an electronic copy of the permit and the current SWPPP to the division of water quality by January 31 of each year thereafter. When no changes have been made to a permit and SWPPP previously submitted in compliance with this section, only written notice so advising the division of water quality shall be submitted by January 31 of each year thereafter. Except for industrial facilities that meet the requirements for a conditional exclusion under 40 CFR 122.26(g), the owner, operator, or manager of a industrial facility that is not required to hold a KPDES permit for stormwater discharges shall develop and submit a SWPPP and submit an electronic copy to the division of water quality by January 31 of each year thereafter.

Source: LFUCG Construction Site Stormwater Runoff ControlView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Republication | Zoning Ordinance: Republication).

Full Breakdown

Chapter 16, Article X governs stormwater discharges urban-county-wide under the government's MS4 permit implementing the Clean Water Act (§ 16-84). Division 3 (§§ 16-89 to 16-91) singles out high-risk industrial and high-risk commercial facilities for closer control. Under § 16-90, a facility already holding a KPDES stormwater discharge permit must send the Division of Water Quality an electronic copy of that permit and its current SWPPP by January 31 each year; if nothing has changed since the last filing, only written notice confirming that is required.

26(g), must instead develop and submit its own SWPPP by the same January 31 deadline. The plan must be built around EPA and Kentucky Division of Water guidance and include a facility description, a site map, identification of potential pollution sources, structural and non-structural best-management-practice controls, maintenance and inspection procedures, a monitoring schedule, and a certification that no illicit discharges exist. 010, must be prepared by a Kentucky-licensed professional engineer, and the required certification must be signed by a responsible corporate officer or facility manager.

A high-risk commercial facility notified by the Division has 90 days to develop and submit its first SWPPP, then must file an updated copy every January 31 after that. Every covered facility must keep its SWPPP accessible on-site for review by government personnel and maintain records showing the plan is actually being implemented, not just filed.

Violations & Fines

Violations of chapter 16, including article X stormwater provisions, draw a civil fine of up to $15,000.00, with each day a violation continues counted as a separate offense (§ 16-203). A permit may be suspended or its holder issued a stop-work order for violations that threaten public health or safety (§ 16-204), and appeals go to Fayette District Court within 30 days. Knowing or wanton violations can also be prosecuted criminally for up to $15,000.00 per violation per day and up to 365 days' imprisonment (§ 16-210).

Frequently Asked Questions

Who has to file a SWPPP in Lexington-Fayette?
High-risk industrial facilities and high-risk commercial facilities, as designated by the Division of Water Quality, must file. Facilities with a KPDES stormwater permit send a copy of the permit and their SWPPP; facilities without one must develop and submit their own plan, unless a 40 CFR 122.26(g) exclusion applies.
When is the SWPPP due each year?
By January 31, whether it's a full plan, an updated plan, or, for facilities with no changes since the last submission, a written notice confirming that nothing has changed, per § 16-90.
What happens if a facility ignores the requirement?
The Division of Water Quality can pursue a civil fine up to $15,000 per day under § 16-203, suspend or revoke a permit and stop work under § 16-204, and, for knowing violations, refer the matter for criminal prosecution carrying the same $15,000-per-day exposure plus up to a year in jail under § 16-210.

Sources & Official References

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