Kansas Stormwater Management Law: Statewide Environmental Rules Rules (2026)

Key Facts

Statute: K.S.A. 65-164 et seq.
Regulator: KDHE Bureau of Water
Construction threshold: 1+ acre disturbance
Max penalty: $10,000 per day

Full Breakdown

Under K.S.A. 65-164 and 65-165, KDHE administers the federally delegated National Pollutant Discharge Elimination System for stormwater. Construction sites disturbing one or more acres need coverage under the statewide construction general permit, including a stormwater pollution prevention plan with erosion controls. Industrial facilities in regulated sectors require industrial stormwater permits. Municipalities operating MS4 systems must implement six minimum control measures. KDHE rules apply uniformly; local stormwater ordinances must meet or exceed state requirements but cannot weaken discharge standards.

Violations & Penalties

Unpermitted discharges trigger KDHE administrative orders, civil penalties up to $10,000 per day per violation under K.S.A. 65-170d, and potential federal Clean Water Act enforcement.

Frequently Asked Questions

When does a Kansas project need a stormwater permit?

Construction disturbing one or more acres, regulated industrial facilities, and MS4 cities need KDHE NPDES coverage under the statewide stormwater program.

Can Kansas cities have stricter stormwater rules?

Yes, cities may add stricter local stormwater controls, but they cannot weaken KDHE permit conditions or federal Clean Water Act discharge limits.

Kansas Stormwater NPDES Permit Requirements Statewide