Kansas Statewide Rule
Kansas Floodplain Management and NFIP Compliance Standards
Key Facts
- Authority
- K.S.A. 12-766; 24-126
- Permit issuer
- DWR + local floodplain admin
- Elevation standard
- At or above BFE
- Insurance program
- NFIP participation
Summary
Kansas regulates floodplain development statewide under K.S.A. 12-766 and the NFIP, with the Division of Water Resources permitting construction in regulated floodways. Participating communities must adopt minimum NFIP standards and meet base flood elevation requirements.
Prior to the adoption thereof, the governing body shall submit to the chief engineer of the division of water resources of the Kansas department of agriculture any ordinance, resolution, regulation or plan that proposes to create or to effect any change in a flood plain zone or district, or that proposes to regulate or restrict the location and use of structures, encroachments, and uses of land within such an area. The chief engineer may require, pursuant to rules and regulations, each submission hereunder to be accompanied by complete maps, plans, profiles, specifications and textual matter. The chief engineer shall approve or disapprove any such ordinance, resolution, regulation or plan or changes thereof within 90 days of the date of receipt of all such data required by the chief engineer as specified in rules and regulations adopted thereby. If the chief engineer fails to approve or disapprove within the 90 day period required by this section, such ordinance, resolution, regulation or plan or change thereof shall be deemed approved. The chief engineer shall provide, in writing, specific reasons for any disapproval.
Full Breakdown
K.S.A. 12-766 authorizes communities to adopt floodplain zoning and participate in the National Flood Insurance Program for federal flood insurance availability. The Division of Water Resources within the Kansas Department of Agriculture permits construction of levees and fills in regulated floodways and streams under K.S.A. 24-126. New residential structures must be elevated to or above base flood elevation, nonresidential structures elevated or floodproofed, and substantial improvements brought up to current standards. Local ordinances must meet FEMA minimums; stricter rules are allowed but waivers are not.
Violations & Penalties
Unpermitted floodplain construction risks denial of flood insurance, FEMA probation or suspension, removal orders, and civil penalties under state water and floodplain regulation statutes.
Frequently Asked Questions
Do I need a permit to build in a Kansas floodplain?
Can Kansas cities allow construction below base flood elevation?
Sources
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