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Kansas Statewide Rule

Kansas Stormwater NPDES Permit Requirements Statewide

Heavy RestrictionsApplies statewide across Kansas (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
Last verified: September 5, 2026Source: Kansas Legislature

Summary

Kansas regulates stormwater discharges statewide through KDHE's NPDES program under K.S.A. 65-164 and 65-165, requiring construction, industrial, and municipal separate storm sewer system permits that cities must enforce as a delegated state program.

(c) If, in the opinion of the secretary of health and environment, issuance of general permits is more appropriate than issuance of individual permits, the secretary may establish, by rule and regulation, procedures for issuance of general permits to the following sources and facilities if such sources and facilities involve similar types of operations, discharge the same types of wastes or engage in the same types of sludge use or disposal practices, require similar monitoring requirements or require the same effluent limitations, operating conditions, or standards for sewage sludge use or disposal: (1) A category of point and nonpoint sources of sewage such as storm water; (2) other categories of point and nonpoint sources of sewage; or (3) categories of facilities treating domestic sewage. Availability of general permits shall be limited to areas defined by geographical or political boundaries such as, but not limited to, city, county or state boundaries, state or county roads and highways or natural boundaries such as drainage basins. The secretary may establish, by rule and regulation, procedures for the issuance, revocation, modification and change, reissuance or termination of general permits in the manner provided by law.

Source: Kansas LegislatureView official code

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.

Sources

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