Kentucky Statewide Rule

Kentucky KPDES Stormwater Permit Requirements Statewide

Heavy RestrictionsApplies statewide across Kentucky (2026)

Key Facts

Statute: KRS 224.70-110
Construction threshold: 1 acre disturbed
Permit: KPDES KYR10 general
Plan required: SWPPP on site
Max penalty: $25,000 per day

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

Summary

Kentucky's Energy and Environment Cabinet administers the Kentucky Pollutant Discharge Elimination System for stormwater discharges, requiring permits for construction sites disturbing one or more acres and for regulated MS4 communities under federally delegated Clean Water Act authority.

224.70-110 General prohibition against water pollution. No person shall, directly or indirectly, throw, drain, run or otherwise discharge into any of the waters of the Commonwealth, or cause, permit or suffer to be thrown, drained, run or otherwise discharged into such waters any pollutant, or any substance that shall cause or contribute to the pollution of the waters of the Commonwealth in contravention of the standards adopted by the cabinet or in contravention of any of the rules, regulations, permits, or orders of the cabinet or in contravention of any of the provisions of this chapter.

Source: Commonwealth of KentuckyView official code

Full Breakdown

KRS 224.70-110 and 401 KAR Chapter 5 authorize the Division of Water to issue KPDES permits, including the KYR10 general construction stormwater permit and the KYG20 MS4 permit. Construction sites of one acre or more must file a Notice of Intent, prepare a Stormwater Pollution Prevention Plan (SWPPP), and implement erosion and sediment controls. Designated Phase II MS4 cities must adopt six minimum control measures, including post-construction stormwater management. Local stormwater ordinances must meet but may exceed federal minimums; the Cabinet retains exclusive permitting authority over discharges to waters of the Commonwealth.

Violations & Penalties

Discharging without a permit, missing SWPPP requirements, or failing inspections can trigger penalties up to $25,000 per day under KRS 224.99-010 plus mandatory cleanup orders.

Frequently Asked Questions

Do I need a state permit for a small backyard project?

Projects disturbing less than one acre that are not part of a larger common plan typically do not need a KPDES permit, though local stormwater rules may still apply.

Can cities make stormwater rules stricter than the state?

Yes. Local MS4 communities may adopt stricter stormwater ordinances, but cannot weaken state KPDES requirements or issue their own discharge permits.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.