reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 44 - FLOODPLAIN MANAGEMENT › Section 5-44-6 - Floodplain management; waiver or stricter requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The chief
			 engineer may waive any of the regulations adopted under this article if it is
			 shown to the satisfaction of the chief engineer that waiver of the regulation
			 will not pose a hazard to the public safety and that such waiver is not adverse
			 to the public interest.
(b) The
			 chief engineer may invoke any jurisdiction granted by statute to impose
			 stricter requirements than those required by rules and regulations where such
			 jurisdiction or additional requirements are necessary to protect the public
			 interest, protect the public safety or prevent damage to public or private
			 property.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 44 - FLOODPLAIN MANAGEMENT › Section 5-44-7 - Certification of elevations

Current through Register Vol. 43, No. 28, July 11, 2024
Any elevation required to be certified to meet the requirements
				of this article of regulations may be certified by either a licensed land
				surveyor or a licensed professional engineer.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-1 - Levees and floodplain fills; definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in
				K.S.A.
				24-126 and amendments thereto, in the
				regulations adopted pursuant to that statute, and by the division of water
				resources in administering
				K.S.A.
				24-126 and amendments thereto, unless the
				context clearly requires otherwise, the following words and phrases shall have
				the meanings specified in this regulation:
(a) "Approval" means the written approval of
			 plans and specifications by the chief engineer authorizing the applicant to
			 proceed with the construction and maintenance of a levee or floodplain fill
			 project.
(b) "Authorized
			 representative" means any staff employee designated by the chief engineer to
			 perform duties and functions on behalf of the chief engineer.
(c) "Base flood" means a flood having a one
			 percent chance of being equaled or exceeded in any one year.
(d) "Benchmark" means a reference point or
			 object of known elevation and location that is not expected to move
			 horizontally or vertically during the life of the project.
(e) "Chief engineer" means the chief
			 engineer, division of water resources, Kansas department of agriculture.
(f) "Design flood" means a flood
			 having a selected probability of being equaled or exceeded in any one year for
			 the degree of protection required.
(g) "Environmental mitigation" means any of
			 the following:
(1) Site-specific modification
			 of a project;
(2) implementation
			 of a practice or management; or
(3) the reservation of a part of the project
			 to protect or replace environmental values destroyed or adversely affected by
			 the project.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-2 - Levees and floodplain fills; plans and specifications

Current through Register Vol. 43, No. 28, July 11, 2024
Plans for a levee or a floodplain fill must be submitted on
				clearly legible prints (maximum size 24 inches by 36 inches) of the original
				tracings which are capable of reproduction. Plans for a levee or a floodplain
				fill shall include:
(a) A general
			 location map or aerial photograph showing:
(1) the stream;
(2) location of the proposed levee or
			 floodplain fill;
(3) floodway
			 limits where available;
(4)
			 floodplain limits where available;
(5) section lines;
(6) property lines with names and addresses
			 of adjoining landowners and any other landowners whose land may be
			 hydraulically affected by the proposed levee or floodplain fill;
(7) drainage area;
(8) a bar scale;
(9) a north arrow;
(10) existing and proposed surface drainage
			 flow patterns; and
(11) any other
			 prominent features;
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-3 - Levees and floodplain fills; specifications

Current through Register Vol. 43, No. 28, July 11, 2024
The specifications for levees and floodplain fills shall be
				prepared on 8 1/2 by 11 inch sheets of a good grade of white bond paper. The
				specifications shall be in sufficient detail to assure that the works will be
				properly executed and shall comply with currently accepted engineering
				practices. The specifications shall include provisions for:
(a) adequate supervision during the period of
			 construction by a person qualified to design the levee or floodplain fill;
(b) notification of the division
			 of water resources of the status of construction; and
(c) inspection by a representative of the
			 division of water resources.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-4 - Levees and floodplain fills; preparer of maps, plans, profiles, and specifications

Current through Register Vol. 43, No. 28, July 11, 2024
In addition to the requirements of the Kansas board of
				technical professions, the following requirements shall apply:
(a) Each map, plan, profile, and
			 specification submitted to the chief engineer for approval pursuant to
			 K.S.A.
			 24-126 and amendments thereto shall be
			 prepared by a person who is competent in levee or floodplain fill design and
			 construction.
(b) Map, plans,
			 profiles, and specifications for any of the following described levees and
			 floodplain fills shall be prepared by a licensed professional engineer that is
			 competent in levee or floodplain fill design and construction:
(1) Class C levees;
(2) floodplain fills located in whole or in
			 part in identified floodways; and
(3) floodplain fills, except safety berms and
			 UMSSs, that meet the following criteria:
(A)
			 Are located in areas without a designated floodway;
(B) are greater than 3,200 cubic yards in
			 volume;
(C) are more than four
			 feet in height; and
(D) are more
			 than 100 feet from other floodplain fills.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-5 - Levees; waiver and stricter requirements

Current through Register Vol. 43, No. 28, July 11, 2024
The chief engineer may waive any of the regulations adopted
				under this article if it is shown to the satisfaction of the chief engineer
				that the waiver of the regulation will not pose a hazard to the public safety
				and that the waiver is in the public interest. The chief engineer may also
				invoke any jurisdiction granted by statute to impose stricter requirements than
				those required by rules and regulations where such jurisdiction or additional
				requirements are necessary to protect the public interest, protect the public
				safety or prevent damage to property.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-6 - Levees and floodplain fills; other maps, plans, profiles, data and specifications

Current through Register Vol. 43, No. 28, July 11, 2024
The applicant shall also submit any other maps, plans, profiles
				and specifications of the levee or floodplain fill project and any other data
				which the chief engineer may require.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-7 - Levees and floodplain fills; application

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 application for approval of plans to construct a levee or floodplain fill shall
			 be filed on the form(s) prescribed by the chief engineer, including application
			 supplements, and shall be completed in proper form according to the
			 instructions. To be complete, the application shall include:
(1) application DWR No. 3-100.1;
(2) the application supplement, DWR Form No.
			 2-102;
(3) plans fully complying
			 with requirements of K.A.R. 5-45-2;
(4) specifications fully complying with
			 requirements of K.A.R. 5-45-3; and
(5) a copy of an application to the governing
			 body for a floodplain development permit, if the proposed levee or floodplain
			 fill will change the limits of the floodplain or floodway boundaries, or both.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-8 - Levees; hazard classes

Current through Register Vol. 43, No. 28, July 11, 2024
The following levee hazard classes are established:
(a) Class A levee failure of levee may allow
			 damage to farm buildings, limited agricultural grounds or private roads.
(b) Class B levee failure of levee
			 may endanger extensive agricultural land, or damage isolated homes, secondary
			 highways or minor railroads.
(c)
			 Class C levee failure of levee may cause loss of life, or cause serious damage
			 to private, commercial or public property.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-9 - Levees; design storm flow determination

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In
			 determining design storm flow magnitude, the applicant shall use an accepted
			 engineering method.
(b) For
			 drainage areas of less than 2 square miles the following methods are
			 acceptable, where appropriate:
(1) The
			 rational formula for flow magnitude determination when used according to the
			 following formula:
Q = CIA
Where C = the runoff coefficient
I = intensity of rainfall in inches per hour and
A = drainage area in acres.
To determine the proper intensity of rainfall for use with the
				formula, first determine the appropriate total rainfall from "Technical Paper
				Number 40, Rainfall Frequency Atlas of the United States, Department of
				Commerce, May 1961," and the time of concentration from the Kirpich nomograph
				and then obtain the intensity from the standard rainfall intensity-duration
				curves;
(2) The SCS method
			 for estimating direct runoff, United States department of agriculture, soil
			 conservation service;
(3)
			 "Technical Release 55, Hydrology for Urban Areas,
United States
			 Department of Agriculture, Soil Conservation Service."
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-10 - Levees; design criteria

Current through Register Vol. 43, No. 28, July 11, 2024
Design for levees shall meet or exceed the following criteria:
(a) Class A levee the levee shall
			 safely repel the appropriate design storm.
(b) Class B levee the levee shall safely
			 repel at least the ten year design storm.
(c) Class C levee the levee shall safely
			 repel at least the 100 year design storm. For class C levees the applicant
			 shall submit complete water surface water profiles of both the ten and 100 year
			 events, both before and after construction.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-11 - Levees; freeboard requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Levees not
			 within a floodway designated by the chief engineer are required to have the
			 following freeboard:
Design flood frequency Freeboard required
10 years 1 foot
25 years 2 feet
50 years or more 3 feet
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-12 - Levees and floodplain fills; setback

Current through Register Vol. 43, No. 28, July 11, 2024
Except for highway and road crossings of streams, the minimum
				setback distance from the top of the stream bank to the nearest toe of the
				levee or the edge of the floodplain fill shall be 100 feet, or twice the width
				of the stream measured from the top of one bank to the top of the opposite
				bank, whichever distance is less, unless the applicant demonstrates that
				adequate bank protection will be utilized.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-13 - Levees; floodplain fills; unreasonable effect

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 set forth in subsection (b), no plans for any levee or floodplain fill that has
			 an unreasonable effect on another shall be approved by the chief engineer. An
			 unreasonable effect caused by a levee or floodplain fill shall be deemed any of
			 the following:
(1) An increase in the
			 elevation of the design and base flood profiles of more than one foot at any
			 location outside a floodway;
(2)
			 any increase in the elevation of the design and base flood profiles within a
			 floodway; or
(3) a cumulative
			 increase of more than one foot in the elevation of the design and base flood
			 profiles.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-14 - Levees and floodplain fills; hydrologic and hydraulic analysis

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 applicant shall submit a hydrologic and hydraulic analysis for every levee and
			 floodplain fill project except floodway fringe fill projects and those levee
			 projects and floodplain fill projects not identified in K.A.R. 5-45-4(b). The
			 hydrologic and hydraulic analysis shall include the design and base floods for
			 main streams, tributary streams, and local drainage, describing the existing
			 and proposed conditions with the application and plans.
(b) The effect of a proposed levee or
			 floodplain fill shall be calculated by the technique of equal conveyance
			 reduction, except as provided in subsections (c) and (d), unless it meets
			 either of the following criteria:
(1) The
			 applicant demonstrates that the applicant has obtained legal authorization from
			 any landowner whose land is unreasonably hydraulically affected by a greater
			 encroachment toward the channel.
(2) The following conditions are met:
(A) The owner of the undeveloped, unplatted
			 land that will be hydraulically affected by an increase in the elevation of the
			 base flood profile of more than one foot by a federal or state cost-shared
			 roadfill, bridge, or culvert project has been notified of the proposed
			 hydraulic effects by the chief engineer.
(B) The owner has failed to object within the
			 time limit set forth in the notice.
(C) The chief engineer determines that the
			 increase will not be likely to materially damage the private or public
			 property.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-15 - Floodplain fills; design criteria

Current through Register Vol. 43, No. 28, July 11, 2024
Floodplain fills shall meet or exceed the following design
				criteria:
(a) the sideslopes shall
			 not be steeper than one vertical to three horizontal, unless the applicant
			 submits data and analysis to show that a steeper slope will be stable.
(b) Floodplain fills shall be
			 adequately protected from erosion and undermining from floods up to the level
			 of the base flood elevation and surface drainage by the use of vegetative
			 cover, riprap or other means.
(c)
			 Floodplain fills shall not unreasonably obstruct or divert the flow of surface
			 water and other waters from the main stream and tributaries to the main stream
			 to the detriment of adjacent or hydraulically affected property owners.
(d) Floodplain fills shall not
			 obstruct utility or other easements without proper authorization.
(e) Floodplain fills shall not unreasonably
			 affect the environment without adequate environmental mitigation.
(f) Floodplain fills, other than levees, for
			 residential buildings, including manufactured housing, are required to be of
			 adequate height to raise the lowest floor, including the basement, at least one
			 foot above the base flood elevation, unless:
(1) an exception has been granted by the
			 flood insurance administrator of the flood insurance administration within the
			 FEMA for the allowance of a basement; or
(2) the chief engineer has approved a
			 community standard at or above base flood elevation.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-16 - Floodplain fills; disapproval

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A levee or
			 floodplain fill should not have an unreasonable effect on adjacent landowners,
			 be adverse to the public interest and environmental concerns or lack required
			 environmental mitiga-tion.
(b)
			 Within six months of the disapproval, the applicant may make a written request
			 to the chief engineer to rescind the disapproval by providing information or
			 modifications of the plans requested by the chief engineer.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-17 - Exemption floodway fringe fills

Current through Register Vol. 43, No. 28, July 11, 2024
Floodway fringe fills are exempt from applying for and
				obtaining approval from the chief engineer if:
(a) they are:
(1) up to 1600 cubic yards in size;
(2) with a maximum height of two
			 feet;
(3) more than 100 feet away
			 from any other floodplain fills; and
(4) constructed according to the design
			 criteria in K.A.R. 5-45-15; or
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-18 - Floodplain fills; incidental to bridge and culvert replacement projects

Current through Register Vol. 43, No. 28, July 11, 2024
Each floodplain fill constructed incidental to a bridge or
				culvert replacement project that otherwise meets the requirements of
				K.A.R.
				5-46-1 shall be considered to have the
				necessary approval of plans pursuant to
				K.S.A.
				24-126, and amendments thereto, and article
				45 of the rules and regulations adopted by the Kansas department of
				agriculture, division of water resources.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-19 - Unconsolidated material storage stockpiles and safety berms

Current through Register Vol. 43, No. 28, July 11, 2024
Except as provided in
				K.A.R.
				5-45-21 and
				K.A.R.
				5-45-22, the prior written approval of the
				chief engineer shall be required before placing an unconsolidated material
				storage stockpile in a floodplain or constructing a safety berm in a
				floodplain.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-20 - Application to place an unconsolidated material storage stockpile or safety berm

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In lieu of
			 the maps, plans, profiles, data, and specifications required for other
			 floodplain fills, each request for approval to place an unconsolidated material
			 storage stockpile (UMSS) or safety berm shall contain the following:
(1) A completed application filed on a form
			 prescribed by the chief engineer; and
(2) the statutorily required filing fee.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-21 - Safety berm

Current through Register Vol. 43, No. 28, July 11, 2024
A safety berm shall not be deemed a levee or any other such
				improvement subject to regulation pursuant to
				K.S.A.
				24-126, and amendments thereto, if the safety
				berm meets one of the conditions in subsection (a) and all of the requirements
				in subsection (b).
(a)
(1) The safety berm is a guardrail that would
			 not divert, restrict, or raise the floodwaters of a stream.
(2) The safety berm is at least six inches
			 below the base flood elevation.
(3) The safety berm will contain gaps from
			 the ground surface to the top of the berm spaced at intervals of 100 feet or
			 less. The gaps shall be sufficiently wide to allow floodwaters to breach the
			 safety berm.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-22 - Unconsolidated material storage stockpile

Current through Register Vol. 43, No. 28, July 11, 2024
An unconsolidated material storage stockpile (UMSS) may exist
				in a floodplain without the approval of the chief engineer if the UMSS meets
				one of the conditions in subsection (a) and all of the requirements of
				subsection (b).
(a)
(1) The UMSS existed before 1929.
(2) In counties or cities with flood
			 insurance rate maps, the UMSS existed before the creation of the most recent
			 flood hazard map, and the UMSS's impact on flooding was analyzed in creating
			 the map.
(3) The UMSS existed
			 before January 1, 2006 at a sand and gravel mining site.
(4) The UMSS is located outside a floodway
			 and meets both of the following conditions:
(A) The UMSS will be present at that location
			 for less than 270 days.
(B) The
			 site will be restored to its original condition within 90 days after the UMSS
			 is removed.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 45 - DESIGN OF LEVEES › Section 5-45-23 - Use of geometric analysis

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) A geometric analysis shall not be used if
			 any existing or proposed levees or floodplain fills are located, or proposed to
			 be located, within the lesser of the following distances measured from the
			 boundaries of the proposed levee or floodplain fill:
(A) Five times the width of the water surface
			 during a base flood, as measured both upstream and downstream; and
(B) 1,320 feet, as measured both upstream and
			 downstream.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 46 - GENERAL PERMITS › Section 5-46-3 - General permits; sand and gravel removal operations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Before the
			 commencement or continuation of any sand or gravel removal from a site with a
			 drainage area of 50 or more square miles above the site, the removal operation
			 shall meet the criteria in subsection (c) of this regulation. Before the
			 removal of any sand and gravel, the owner shall apply for and obtain a general
			 permit from the chief engineer. The application shall be filed on a form
			 prescribed by the chief engineer and shall be accompanied by plans meeting the
			 requirements of K.A.R. 5-42-2.
(b)
			 If the proposed sand or gravel removal operation meets the criteria set forth
			 in subsection (c) of this regulation and there are fewer than 50 square miles
			 of drainage area above the proposed sand or gravel removal site, a permit shall
			 not be required unless the chief engineer determines that a permit is necessary
			 to protect the public interest, public safety, or environmental interests.
(c) All sand and gravel operations
			 covered by this regulation shall meet the following criteria:
(1) The sand and gravel removal operation
			 shall be limited to removing a maximum of 100 cubic yards per year from each
			 sand and gravel removal site. Other than bridge maintenance sites, all sand and
			 gravel removal operations on the same stream and its tributaries shall be
			 separated by at least 1,320 feet.
(2) A sand and gravel removal operation shall
			 not be located within the following distances of a bridge, pipeline, cable
			 crossing, levee, or other feature, except when the written permission or
			 easement of the owner of the bridge, pipeline, cable crossing, levee, or other
			 feature is obtained by the applicant, and a written waiver is granted by the
			 chief engineer:
(A) 50 feet of the banks, or
			 in the channels of the Missouri, Kansas, or Arkansas rivers, and 50 feet of the
			 banks, or in the channels of their tributaries, for 1/2 mile upstream from the
			 mouth of the tributaries;
(B) one
			 mile of a public water supply intake;
(C) 500 feet of a bridge;
(D) 300 feet of a buried pipeline or cable
			 crossing; and
(E) 200 feet of a
			 levee or other feature subject to damage.
(3) Stockpiles of material shall be located
			 in a manner that does not affect the flow of water on the property of any other
			 landowner.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 46 - GENERAL PERMITS › Section 5-46-4 - General permits; pipeline crossings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Before the
			 construction of any pipeline or buried cable crossing of a stream having 50 or
			 more square miles of drainage area above the proposed project site, the project
			 shall meet the requirements of subsection (c) of this regulation. Before
			 construction, the owner shall apply for and obtain a general permit from the
			 chief engineer. The application shall be filed on a form prescribed by the
			 chief engineer.
(b) Any pipeline
			 or buried cable crossings of streams that have fewer than 50 square miles of
			 drainage area above the proposed project site and that meet the requirements of
			 subsection (c) of this regulation shall not be required to have a permit
			 pursuant to
			 K.S.A.
			 82a-301 et seq., and amendments thereto.
(c) All pipeline or buried cable
			 crossings covered by this regulation shall meet the following requirements:
(1) Underground pipelines and cables shall be
			 buried at a depth below the stream bed sufficient to prevent exposure. For
			 navigable streams, underground pipelines and cables shall be buried at a
			 minimum depth of seven feet beneath the stream bed. For all other streams,
			 underground pipelines and cables shall be buried at a minimum depth of five
			 feet beneath the stream bed. Pipelines and cables shall be buried sufficiently
			 into the banks to allow for a moderate amount of stream meander without
			 exposure. The minimum depth may be waived if the owner or applicant
			 demonstrates that the underground pipeline or cable is adequately protected
			 against erosion.
(2) After
			 installation, the channel and banks shall be restored to the natural elevations
			 and configurations as nearly as possible. Armoring devices shall be installed
			 when necessary to ensure bank stability. Surplus excavated material shall be
			 disposed of in a manner that will not obstruct the channel or act as a levee.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 50 - WATER TRANSFERS › Section 5-50-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in these rules and regulations, unless the context
				clearly requires otherwise:
(a)
			 "Application" means the document, made on the prescribed form furnished by the
			 chief engineer, to request a permit to transfer water. The application shall be
			 filed in the office of the chief engineer as provided in
			 K.S.A.
			 82a-1501 et seq., as amended.
(b) "Approval of application" means issuance
			 of a permit to transfer water as defined in
			 K.S.A.
			 82a-1501(a)(1), as amended.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 50 - WATER TRANSFERS › Section 5-50-4 - Emergency use

Current through Register Vol. 43, No. 28, July 11, 2024
When a temporary emergency transfer of water has been approved,
				the chief engineer shall:
(a) Require
			 the applicant to compile and submit records, as necessary, regarding the daily
			 rate and quantity of water transferred and any other information pertinent to
			 the continued need for emergency transfer; and
(b) require the person requesting the
			 transfer to consider alternate sources of water so the continued transfer will
			 not be necessary.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 50 - WATER TRANSFERS › Section 5-50-5 - Emergency transfer of water

Current through Register Vol. 43, No. 28, July 11, 2024
If the emergency causing the necessity for the transfer of
				water continues beyond one year, the person requesting the transfer may only
				file another new application for transfer for emergency use. This new
				application shall state the need for the water and the reasons why the need for
				transfer of water still exists and cannot be supplied by an alternate source.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 50 - WATER TRANSFERS › Section 5-50-6 - Authority of the chief engineer

Current through Register Vol. 43, No. 28, July 11, 2024
All emergency transfers of water shall be reviewed by the chief
				engineer to determine whether the applicant complied with the terms,
				conditions, and limitations of the emergency transfer approval.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 50 - WATER TRANSFERS › Section 5-50-7 - Filing an application

Current through Register Vol. 43, No. 28, July 11, 2024
Unless this requirement is waived by the chief engineer for
				good cause, a water transfer application shall not be considered complete until
				one of the following has been approved contingent upon receiving a permit to
				transfer water:
(a) a new application
			 to appropriate water pursuant to the Kansas water appropriation act (KWAA),
			 K.S.A.
			 82a-701
et seq.
;
(b) an application for a change in any or all
			 of the following:
(1) point of diversion;
(2) place of use; or
(3) use made of water filed pursuant to the
			 KWAA; or
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 50 - WATER TRANSFERS › Section 5-50-8 - Selection of hearing officer

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The panel
			 shall mail notices to, and request nominations for a hearing officer from:
(1) the applicant;
(2) entities in the area or basin where the
			 potential point or points of diversion are located; and
(3) the commenting agencies.
Kansas Administrative Regulations › Agency 6 - STATE ELECTION BOARD › Article 1 - APPORTIONMENT OF ELECTION EXPENSES › Section 6-1-1 - Direct expenses

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The direct
			 expenses which shall be apportioned by the county election officer among the
			 subdivisions of government for which elections are conducted shall be those
			 which would not have been incurred but for the conduct of such election, and
			 shall include:
(1) Publication of legal
			 notices;
(2) printing of
			 ballots;
(3) preparation,
			 programming and testing of voting equipment, optical scanning equipment, and
			 electronic poll books;
(4)
			 transportation of voting equipment, optical scanning equipment, and electronic
			 poll books to and from polling places;
(5) security of voting equipment, optical
			 scanning equipment, and electronic poll books while being moved to and from
			 polling places;
(6) postage and
			 envelopes, including those for advance by-mail ballots;
(7) rental and security of polling places,
			 clean-up and similar expenses incurred in the provision of voting
			 places;
(8) cost of poll books,
			 summary sheets, clerical supplies used at polling places;
(9) transportation of ballots, delivery of
			 supplies to voting places;
(10)
			 election judges and clerks for election day and advance in-person
			 voting;
(11) cost of post-election
			 audits; and
(12) cost of recounts,
			 if not reimbursed by the candidate.
Kansas Administrative Regulations › Agency 6 - STATE ELECTION BOARD › Article 1 - APPORTIONMENT OF ELECTION EXPENSES › Section 6-1-2 - Indirect costs

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The indirect
			 costs which shall not be reimbursed to nor apportioned by the county election
			 officer among the subdivisions of government for which elections were conducted
			 shall include:
(1) Costs of regular and
			 temporary county election office employees;
(2) Charges for the use of voting equipment,
			 optical scanning equipment, and electronic poll books;
(3) Preparation and/or furnishing of
			 maps;
(4) Costs of rental of office
			 equipment for use in election offices; and
(5) Costs for hospitality including food,
			 beverages, and gifts for election workers.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 16 - FEES › Section 7-16-1 - Information and services fee

Current through Register Vol. 43, No. 28, July 11, 2024
In addition to any other fees specified in regulation or
				statute, the fees prescribed in the secretary of state's "schedule of
				information and services fees," dated May 27, 2010 and hereby adopted by
				reference, shall be charged by the secretary of state.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 16 - FEES › Section 7-16-2 - Technology communication fee

Current through Register Vol. 43, No. 28, July 11, 2024
In addition to any other fees specified in regulation or
				statute, the fees prescribed in the secretary of state's "schedule of
				technology communication fees," dated October 1, 2008 and hereby adopted by
				reference, shall be charged by the secretary of state.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 17 - UNIFORM COMMERCIAL CODE › Section 7-17-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Address,"
			 as used on a UCC record, means at least a city and state or a city and country.
(b) "Amendment" means a UCC record
			 that changes the information contained in a financing statement. This term
			 shall include assignments, continuation statements, and termination statements.
(c) "Assignment" means an
			 amendment that assigns all or a part of a secured party's power to authorize an
			 amendment to a financing statement.
(d) "Continuation statement" shall have the
			 meaning prescribed by
			 K.S.A.
			 84-9-102(a)(27) and
			 amendments thereto.
(e)
			 "Correction statement" means a UCC record that indicates that a financing
			 statement is inaccurate or wrongfully filed.
(f) "File number" shall have the meaning
			 prescribed by
			 K.S.A.
			 84-9-519(b) and amendments
			 thereto.
(g) "Filing office" means
			 the office of the secretary of state or county register of deeds.
(h) "Filing officer" means the secretary of
			 state or one of the county registers of deeds.
(i) "Filing officer statement" means a
			 statement of correction entered into the filing office's information system to
			 correct an error by the filing office.
(j) "Financing statement" shall have the
			 meaning prescribed by
			 K.S.A.
			 84-9-102(a)(39) and
			 amendments thereto.
(k)
			 "Individual" means a human being, or a decedent in the case of a debtor that is
			 a decedent's estate.
(l) "Initial
			 financing statement" means a UCC record that causes the filing office to
			 establish the initial record in the filing office's UCC information management
			 system.
(m) "Organization" means a
			 legal person who is not an individual.
(n) "Remitter" means a person who tenders a
			 UCC record to the filing officer for filing, whether the person is a filer or
			 an agent of a filer responsible for tendering the record for filing. "Remitter"
			 shall not include a person responsible merely for the delivery of the record to
			 the filing office, including the postal service or a courier service, but shall
			 include a service provider who acts as a filer's representative in the filing
			 process.
(o) "Secured party of
			 record" shall have the meaning prescribed by
			 K.S.A.
			 84-9-511 and amendments thereto.
(p) "Termination statement" shall have the
			 meaning prescribed by
			 K.S.A.
			 84-9-102(a)(79) and
			 amendments thereto.
(q) "UCC"
			 means the uniform commercial code as adopted in this state.
(r) "UCC record" means an initial financing
			 statement, an amendment, an assignment, a continuation statement, a termination
			 statement, or a correction statement and shall not be deemed to refer
			 exclusively to paper or paper-based writings.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 17 - UNIFORM COMMERCIAL CODE › Section 7-17-2 - Delivery of records

Current through Register Vol. 43, No. 28, July 11, 2024
(a) UCC records
			 may be tendered for filing at the filing office as follows:
(1) Personal delivery, at the filing office's
			 street address;
(2) courier
			 delivery, at the filing office's street address;
(3) postal service delivery, to the filing
			 office's mailing address; and
(4)
			 electronic delivery, to the secretary of state via the secretary of state's web
			 site.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 17 - UNIFORM COMMERCIAL CODE › Section 7-17-3 - Forms

Current through Register Vol. 43, No. 28, July 11, 2024
The forms prescribed in
				L.
				2000, Ch. 142, Sec. 92,
				to be codified as
				K.S.A.
				84-9-521 and amendments thereto, and forms
				prescribed by the filing officer shall be the only forms accepted by the filing
				office.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 17 - UNIFORM COMMERCIAL CODE › Section 7-17-4 - Fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The fee for
			 filing and indexing a paper UCC record of one to 10 pages shall be $15.00. The
			 fee for filing and indexing additional pages beyond the 10th page of a UCC
			 record shall be charged at the rate of $1.00 per page. The fee for filing and
			 indexing an electronic UCC record, excluding a termination statement, shall be
			 $5.00. The fee for filing and indexing a termination statement electronically
			 shall be $1.00.
(b) The fee for a
			 paper UCC search request shall be $15.00 per debtor name. The fee for an
			 electronic UCC search request shall be $8.00.
(c) The fee for copies of UCC documents shall
			 be $1.00 per page, or page equivalent for electronically transmitted responses.
(d) The fee for a certified copy
			 shall be $7.50 in addition to any copying expenses.
(e) The fee for customers to receive
			 information by telefacsimile communication from the filing office shall be
			 $1.00 for each page.
(f) No fee
			 shall be collected for filing a court's findings of fact and conclusion of law
			 pursuant to
			 K.S.A.
			 58-4301 and amendments thereto.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 17 - UNIFORM COMMERCIAL CODE › Section 7-17-5 - Methods of payment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Payment in
			 cash shall be accepted if paid in person at the filing office.
(b) Personal checks, cashier's checks, and
			 money orders made payable to the filing office, including checks in an amount
			 to be filled in by a filing officer but not to exceed a particular amount,
			 shall be accepted for payment if they are drawn on a bank acceptable to the
			 filing office or if the drawer is acceptable to the filing office.
(c) A prepaid account may be used for payment
			 to the secretary of state's office, except for electronic filing. An account
			 shall be opened by submitting an application and prepaying an amount prescribed
			 by the secretary of state. An account number to be used by the remitter shall
			 be issued by the secretary of state. Filing fees shall be deducted from the
			 remitter's prepaid account by the secretary of state when authorized to do so
			 by the remitter.
(d) Payment by
			 debit cards and credit cards issued by approved issuers shall be accepted by
			 the secretary of state. Remitters shall provide the secretary of state with the
			 following information:
(1) The card number;
(2) the expiration date of the
			 card;
(3) the name of the approved
			 card issuer;
(4) the name of the
			 person or entity to whom the card was issued; and
(5) the billing address for the card.
Payment shall not be deemed tendered until the issuer or its
				agent has confirmed payment to the filing office.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 17 - UNIFORM COMMERCIAL CODE › Section 7-17-6 - Overpayment and underpayment of fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 overpayment exceeding five dollars shall be refunded to the remitter by the
			 filing officer. Each overpayment of five dollars or less shall be refunded to
			 the remitter by the filing officer only upon the written request of the
			 remitter.
(b) Upon receipt of a
			 record with an insufficient fee, one of the following actions shall be
			 performed by the filing officer:
(1) Sending
			 a notice of the deficiency to the remitter and holding the record for 10 days
			 from the date of the notice for receipt of the fee. The time and date of
			 receipt of the full filing fee shall be deemed to be the filing time and date.
			 If the fee is not received within 10 days of the date of the notice, the record
			 shall be returned to the remitter with a written explanation for the refusal to
			 accept the record; or
(2)
			 returning the record to the remitter. A refund may be included with the record
			 or delivered under separate cover.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 17 - UNIFORM COMMERCIAL CODE › Section 7-17-7 - Filing officer's duties deemed ministerial

Current through Register Vol. 43, No. 28, July 11, 2024
The duties and responsibilities of the filing officer with
				respect to the administration of the UCC shall be deemed ministerial. In
				accepting for filing or refusing to file a UCC record according to these
				regulations, none of the following shall be deemed to be performed by the
				filing officer:
(a) Determination of
			 the legal sufficiency or insufficiency of a record;
(b) determination that a security interest in
			 collateral exists or does not exist;
(c) determination that information in the
			 record is correct or incorrect, in whole or in part; or
(d) creation of a presumption that the
			 information in the record is correct or incorrect, in whole or in part.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 17 - UNIFORM COMMERCIAL CODE › Section 7-17-8 - Notification of defects

Current through Register Vol. 43, No. 28, July 11, 2024
Nothing in these regulations shall be deemed to prevent a
				filing officer from communicating to a filer or a remitter that the filing
				officer noticed apparent potential defects in a UCC record, whether or not the
				record was filed or refused for filing. However, the filing office shall be
				under no obligation to communicate this information to a filer or remitter. The
				responsibility for the legal effectiveness of the filing shall rest with each
				filer and remitter, and the filing office shall bear none of this
				responsibility.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 17 - UNIFORM COMMERCIAL CODE › Section 7-17-9 - Defects in filing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 following reasons shall not constitute grounds for the filing officer to refuse
			 a record:
(1) The UCC record contains or
			 appears to contain a misspelling or other erroneous information.
(2) The UCC record appears to identify a
			 debtor incorrectly.
(3) The UCC
			 record appears to identify a secured party or a secured party of record
			 incorrectly.
(4) The UCC record
			 contains additional or extraneous information of any kind.
(5) The UCC record contains less than the
			 information required by Kansas law except for information allowing rejection
			 pursuant to
			 L.
			 2000, Ch. 142, Sec.
			 87(b), to be codified as
			 K.S.A.
			 84-9-516(b) and amendments
			 thereto.
(6) The UCC record
			 incorrectly identifies collateral, contains an illegible or unintelligible
			 description of collateral, or appears to contain no such description.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 17 - UNIFORM COMMERCIAL CODE › Section 7-17-10 - Deadline to refuse filing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Whether
			 reason exists to refuse a UCC record for filing shall be determined by the
			 secretary of state not later than the second business day after receipt. An
			 accepted UCC record shall be indexed by the secretary of state within the same
			 time period.
(b) If the secretary
			 of state finds grounds under
			 K.S.A.
			 84-9-516, and amendments thereto, to refuse a
			 UCC record, the record, if written, shall be returned by the secretary of state
			 to the remitter, and the filing fee may be refunded. A notice that contains the
			 date and time the record would have been filed had it been accepted for filing
			 shall be sent by the secretary of state, unless the date and time are stamped
			 on the record. This notice shall include a brief description of the reason for
			 refusal to accept the record. The notice shall be sent to a secured party or
			 the remitter no later than the second business day after the determination to
			 refuse acceptance of the record. A refund may be delivered with the notice or
			 under separate cover.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 17 - UNIFORM COMMERCIAL CODE › Section 7-17-11 - Filing office data entry

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Information
			 from a UCC record presented for filing shall be entered into the filing system
			 database by the filing office exactly as it appears on the record and in
			 accordance with the designations given by the filer, except that social
			 security numbers and other personally identifiable information not required by
			 law may be omitted from the database by the filing office.
(b) If a UCC record is tendered that provides
			 characters not on the standard QWERTY keyboard, the filing officer shall
			 substitute a space for each such character. If the character appears on the
			 standard QWERTY keyboard but includes an additional mark, the character shall
			 be entered into the filing system without the additional mark.
(c) Each name that exceeds the fixed length
			 of the name field in the UCC database shall be entered as presented to the
			 filing office, up to the maximum length allowed by the name field.
(d) An initial financing statement shall be
			 filed as relating to a manufactured home transaction, public finance
			 transaction, or a transmitting utility by the filing officer only if the
			 appropriate box on the addendum form is checked.