Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 6 - Property › Section 200 KAR 6:040 - Floodplain management

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapters 45, 56
NECESSITY, FUNCTION, AND CONFORMITY: In order for the
				Commonwealth of Kentucky to qualify for the purchase of flood insurance for
				state structures under the National Flood Insurance Program it shall comply
				with the federal National Flood Insurance Program regulations administered by
				the Federal Emergency Management Agency. The amendments to 200 KAR 6:040 bring
				this administrative regulation into compliance with
				KRS
				13A.222.
Section
			 1. General.
(1) Purpose. The
			 purpose of this administrative regulation is to minimize the loss of lives and
			 property due to floods. Each state agency undertaking a development activity
			 within the base flood plains of the state shall comply with this administrative
			 regulation.
(2) Definitions. Unless
			 otherwise defined, terms in this administrative regulation shall be interpreted
			 to give them the meaning they commonly have.
(a) "Addition to an existing building" means
			 any walled and roofed expansion to the perimeter of a building in which the
			 addition is connected by a common load-bearing wall other than a fire wall. Any
			 walled and roofed addition which is connected by a fire wall or is separated by
			 independent perimeter load-bearing walls is new construction.
(b) "Allowable base flood elevation" means an
			 increase of no more than one (1) foot in the water surface elevation above the
			 existing base flood elevation.
(c)
			 "Area of shallow flooding" means a designated AO Zone on a community's Flood
			 Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) feet
			 where a clearly defined channel does not exist, where the path of flooding is
			 unpredictable and indeterminate, and where velocity flow may be
			 evident.
(d) "Base flood" means the
			 flood having a one (1) percent chance of being equaled or exceeded in any given
			 year (i.e., 100-year frequency flood).
(e) "Base flood elevation" means the
			 elevation of the existing base flood.
(f) "Base flood plain" means any land area
			 susceptible to a base flood.
(g)
			 "Basement" means that portion of a building having its floor subgrade (below
			 ground level) on all sides.
(h)
			 "Building" means any structure built for support, shelter, or enclosure for any
			 occupancy or storage.
(i)
			 "Development activity" means any manmade change to improved or unimproved real
			 estate by a state agency including, but not limited to, the construction of
			 buildings or other structures, mining, dredging, filling, grading, paving,
			 excavation or drilling operations.
(j) "Elevated building" means a nonbasement
			 building built to have the lowest floor elevated above the ground level by
			 means of fill, solid foundation perimeter walls, pilings, columns (posts and
			 piers), shear walls, or breakaway walls.
(k) "FEMA" means Federal Emergency Management
			 Agency.
(l) "Flood" or "flooding"
			 means a general and temporary condition of partial or complete inundation of
			 normally dry land areas from:
1. The overflow
			 of inland or tidal waters;
2. The
			 unusual and rapid accumulation or run-off of surface waters from any
			 source.
(m) "Flood
			 Hazard Boundary Map (FHBM)" means an official map of a community, issued by the
			 Federal Emergency Management Agency, where the boundaries of the areas of
			 special flood hazard have been defined as Zone A.
(n) "Flood Insurance Rate Map (FIRM)" means
			 an official map of a community, on which the Federal Emergency Management
			 Agency has delineated both the areas of special flood hazard and the risk
			 premium zones applicable to the community.
(o) "Flood insurance study" is the official
			 report provided by the Federal Emergency Management Agency. The report contains
			 flood profiles, as well as the Flood Boundary Floodway Map and the water
			 surface elevation of the base flood.
(p) "Flood proofing" means any combination of
			 structural and nonstructural additions, changes, or adjustments to structures
			 which reduce or eliminate flood damage to real estate or improved real
			 property, water and sanitary facilities, structures or their
			 contents.
(q) "Floodway" means the
			 channel of a river or other watercourse and the adjacent land areas that shall
			 be reserved in order to discharge the base flood without cumulatively
			 increasing the water surface elevation more than one (1) foot.
(r) "Floor" means the top surface of an
			 enclosed area in a building (including basement), i.e., top of slab in concrete
			 slab construction or top of wood flooring in wood frame construction. The term
			 does not include the floor of a garage used solely for parking
			 vehicles.
(s) "Functionally
			 dependent facility" means a facility which cannot be used for its intended
			 purpose unless it is located or carried out in close proximity to water, such
			 as a docking or port facility necessary for the loading and unloading of cargo
			 or passengers, shipbuilding, ship repair, or seafood processing facilities. The
			 term does not include long-term storage, manufacture, sales, or service
			 facilities.
(t) "Mean sea level"
			 means the average height of the sea for all stages of the tide.
(u) "Manufactured home" means a structure,
			 transportable in one or more sections, which is built on a permanent chassis
			 and designed to be used with or without a permanent foundation when connected
			 to the required utilities. It does not include recreational vehicles or travel
			 trailers. This term also includes park trailers, travel trailers, and similar
			 transportable structures placed on a site for 180 consecutive days or longer
			 and intended to be improved property.
(v) "New construction" means facilities for
			 which the "start of construction" began on or after the effective date of this
			 administrative regulation.
(w)
			 "Riverine" means relating to, formed by, or resembling a river (including
			 tributaries), streams, brooks, etc.
(x) "Secretary" means the Secretary of the
			 Finance and Administration Cabinet.
(y) "Start of construction" (for other than
			 new construction or substantial improvements under the Coastal Barrier
			 Resources Act ( PL 97-348 )), includes substantial improvement, and means the
			 date on which the work order was issued by the Finance and Administration
			 Cabinet, provided the actual start of construction, repair, reconstruction, or
			 improvement was within 180 days from the work order date. The actual start
			 means the first placement of permanent construction of a structure (including a
			 manufactured home) on a site, such as the pouring of slabs or footings,
			 installation of piles, construction of columns, or any work beyond the stage of
			 excavation or the placement of a manufactured home on a foundation. Permanent
			 construction does not include land preparation, such as clearing, grading and
			 filling; nor does it include the installation of streets and/or walkways; nor
			 does it include excavation for a basement, footings, piers or foundations or
			 the erection of temporary forms; nor does it include the installation on the
			 property of accessory buildings, such as garages or sheds not occupied as
			 dwelling units or not part of the main structure.
(z) "State" means Commonwealth of
			 Kentucky.
(aa) "State agency" means
			 any state administrative body, department, bureau or division as defined in KRS
			 Chapter 12, and any institution, commission, board, program cabinet,
			 instrumentality, independent state authority, office, or other agency of the
			 state.
(bb) "State facility" means
			 all structures including, but not limited to, buildings, manufactured homes,
			 storage tanks, docks, piers, dams, levees, utilities, roads, and bridges,
			 constructed or placed, and associated land disturbance activities or
			 state-owned lands.
(cc)
			 "Substantial improvement" means any repair, reconstruction, or improvement of a
			 state facility, the cost of which equals or exceeds fifty (50) percent of the
			 current value of the facility either: before the improvement or repair is
			 started; or if the facility has been damaged and is being restored, before the
			 damage occurred. The term does not include: any project for improvement of a
			 structure to comply with existing state health, sanitary, or safety codes
			 solely necessary to assure safe living conditions; or any alteration of a
			 structure listed on the "National Register of Historic Places" or a "State
			 Inventory of Historic Places."
(dd)
			 "Water surface elevation" means the projected heights in relation to mean sea
			 level reached by floods in the flood plains of riverine areas.