Kentucky Statewide Rule

Kentucky Floodplain Construction Permit and Stream Approval

Heavy RestrictionsApplies statewide across Kentucky (2026)

Key Facts

Statute: KRS 151.250
Regulator: Division of Water
Triggering area: 100-year floodplain
Local rule: NFIP 44 CFR 60.3
State approval: Required statewide

Last verified: September 5, 2026Source: Commonwealth of Kentucky

Summary

Kentucky requires state approval before any construction, fill, or obstruction within the 100-year floodplain or stream channel under KRS 151.250, administered by the Division of Water in addition to local NFIP floodplain ordinances.

Notwithstanding any other provision of law, no person and no city, county, or other political subdivision of the state, including levee districts, drainage districts, flood control districts or systems, or similar bodies, shall commence the construction, reconstruction, relocation, or improvement of any dam, embankment, levee, dike, bridge, fill, or other obstruction, except those constructed by the Kentucky Transportation Cabinet, in the floodplain or floodway of any stream, unless the plans and specifications for such work have been: (a) Submitted by the person or political subdivision responsible for the construction, reconstruction, or improvement; and (b) Approved in writing by the cabinet and a permit issued.

Source: Commonwealth of KentuckyView official code

Full Breakdown

KRS 151.250 requires written approval from the Energy and Environment Cabinet before constructing any structure, dam, levee, fill, or obstruction across or along any stream in Kentucky. The Division of Water Floodplain Management Section reviews applications using the regulatory flood elevation, ensuring no increase in flood heights and protection of flood storage. Communities participating in the National Flood Insurance Program must also adopt local floodplain ordinances meeting 44 CFR 60.3 minimums. State stream construction approval applies statewide regardless of NFIP participation, and local permits do not substitute for state authorization.

Violations & Penalties

Building without state stream construction approval can lead to removal orders, civil penalties under KRS 151.990, and denial of flood insurance claims for noncompliant structures.

Frequently Asked Questions

Do I need state approval to build near a creek?

Yes. KRS 151.250 requires Division of Water approval for any construction, fill, or obstruction in or along any stream, even on private land outside city limits.

Is a local floodplain permit enough?

No. Local NFIP permits are separate from the state stream construction approval. Both must typically be obtained before work begins in a floodplain.

Sources

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