Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 4 - Water Resources › Section 401 KAR 4:060 - Stream construction criteria

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.100,
				151.110,
				151.182,
				151.184,
				151.186,
				151.210,
				151.250,
				151.260,
				151.280,
				151.310,
				44 C.F.R. Part 60,
				64.3
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				151.125 requires the secretary to establish
				requirements for flood control and water resources.
				KRS
				151.230 authorizes the cabinet to establish
				minimum standards for floodplain management. This administrative regulation
				establishes standards for construction in floodplain areas.
Section 1. Definitions.
(1) "Areas of shallow flooding" means a
			 designated flood zone, shown on a FEMA Flood Insurance Rate Map, with a one (1)
			 percent or greater annual chance of flooding to an average depth of one (1) to
			 three (3) feet where clearly-defined channel does not exist, where the path of
			 flooding is unpredictable, where velocity flow may be evident, and is
			 characterized by ponding or sheet flow.
(2) "Backwater effect" means the rise in
			 water surface elevation caused by obstruction of a stream's flow, such as by a
			 narrow bridge opening, buildings or fill material that limits the area through
			 which the stream's flow must pass.
(3) "Base flood" means the flood having a one
			 (1) percent chance of being equaled or exceeded in any given year, also called
			 the 100-year frequency flood.
(4)
			 "Base floodplain" means the area along, adjacent to, and including a stream,
			 which is inundated by the base flood on that stream.
(5) "Base flood elevation" or "BFE" means the
			 elevation of the water surface measured above mean sea level, as defined on the
			 applicable FEMA Flood Insurance Rate Map (FIRM) in either the NGVD 1929 or NAVD
			 1988 vertical datum, reached during the base flood.
(6) "Basement" means any area of the building
			 having its floor below ground level on all sides.
(7) "Conveyance" means a measure of the
			 flow-carrying capability of a stream cross section and is equal to the flow
			 rate at a given depth in cubic feet per second divided by the square root of
			 the slope of the energy grade line in feet per foot.
(8) "Cross section" means a graph or plot of
			 ground elevation across a stream valley or portion of it along a line
			 perpendicular to the direction of stream flow.
(9) "Designated floodway" means the stream
			 and that portion of the adjacent base floodplain specified by a local ordinance
			 or indicated on National Flood Insurance Program maps.
(10) "Dry flood proofing" means modifying a
			 structure so that it is watertight below the flood protection elevation so that
			 floodwaters cannot enter.
(11)
			 "Energy grade line" means a line that represents the elevation of the total
			 energy head of water flowing in a pipe, conduit, or channel.
(12) "Existing construction" means any
			 structure, manufactured home park, or subdivision constructed on or before the
			 effective date of the FEMA Flood Insurance Rate Map (FIRM) or the Flood Hazard
			 Boundary Map (FHBM) for the community where the proposed structure is located,
			 or in cases where no FIRMs are available, on or before October 1987.
(13) "Flood crest" means the maximum stage or
			 elevation reached or expected to be reached by waters of a specific flood at a
			 given location.
(14) "Flood
			 frequency" means a statistical expression of the average time period between
			 floods equaling or exceeding a given magnitude.
(15) "Flood Boundary and Floodway Map" or
			 "FBFM" means a map on which the Federal Emergency Management Agency (FEMA) or
			 Federal Insurance Administration (FIA) has delineated the areas of flood
			 hazards and the regulatory floodway, pursuant to 44 C.F.R. Part 60 and 64.3
			 .
(16) "Flood Hazard Boundary Map"
			 or "FHBM" means an official map of a community issued by FEMA, pursuant to 44
			 C.F.R. Part 60 and 64.3, where the boundaries of the areas of special flood
			 hazard have been identified as Zone A.
(17) "Flood Insurance Rate Map" or "FIRM"
			 means an official map of a community on which FEMA, pursuant to 44 C.F.R. Part
			 60 and
			 64.3, has
			 delineated both the areas of special flood hazard and the risk premium zones
			 applicable to the community.
(18)
			 "Flood Insurance Study" or "FIS" is the official hydraulic and hydrological
			 report by FEMA, pursuant to 44 C.F.R. Part 60 and
			 64.3,
			 containing flood profiles, the FIRM, FHBM, where applicable, and the water
			 surface elevation of the base flood.
(19) "Flood proofing" means structural
			 changes or adjustments to new or existing structures and facilities, their
			 contents, or their sites for the purpose of reducing or eliminating flood
			 damages by protecting against structural failure, keeping water out, or
			 reducing the effect of water entry, and includes dry flood proofing and wet
			 flood proofing.
(20) "Flood
			 warning" means the issuance and dissemination of information about an imminent
			 or current flood.
(21) "Historic
			 structure" means any structure that is:
(a)
			 Listed individually in the National Register of Historic Places or
			 preliminarily determined by the Secretary of the Interior as meeting the
			 requirements for listing;
(b)
			 Certified or preliminarily determined as contributing to the historical
			 significance of a registered historic district;
(c) Listed on the state inventory of historic
			 places; or
(d) Listed on a local
			 inventory of historic places in communities with historic preservation programs
			 approved by the state or the Secretary of the Interior.
(22) "Letters of Map Change" or "LOMC" means
			 an official FEMA determination by letter to amend or revise effective Flood
			 Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance
			 Studies.
(23) "Licensed engineer or
			 land surveyor" means a professional engineer or surveyor with accreditation in
			 the state of Kentucky.
(24) "Lowest
			 floor" means the lowest floor of the lowest enclosed area, including any
			 basement, but does not include an unfinished or flood resistant enclosure
			 usable solely for parking of vehicles, building access, or storage of mobile
			 equipment or of property that is not flood damageable in an area other than a
			 basement.
(25) "Manufactured home"
			 means a structure, transportable in one (1) or more sections, that is built on
			 a permanent chassis and designed for use with or without a permanent foundation
			 when connected to utilities, but does not include recreational vehicles placed
			 on a site for less than 180 consecutive days.
(26) "National Flood Insurance Program", or
			 "NFIP", means a federal program which makes available flood insurance
			 protection to property owners in flood prone areas.
(27) "No impact" means a certification by a
			 licensed engineer that an encroachment shall not result in any increase in the
			 base flood elevation, floodwater elevations, and floodway width during the
			 occurrence of the base flood discharge, referred to as "No Impact
			 Certification".
(28) "NAVD 1988"
			 means a vertical control, as corrected in 1988, used a reference for
			 establishing varying elevations within the floodplain.
(29) "NGVD 1929" means a vertical control, as
			 corrected in 1929, used as a reference for establishing varying elevations
			 within the floodplain.
(30)
			 "Nonsubstantial improvement" means any combination of repairs, reconstruction,
			 alteration, or improvement to a structure in which the cumulative cost does not
			 exceed fifty (50) percent of the present market value of the
			 structure.
(31) "100-year flood"
			 means a flood of a magnitude having a one (1) percent chance of occurring in
			 any given year.
(32) "Permit" means
			 written approval for any construction across, along, or adjacent to a stream
			 subject to the provisions of
			 KRS
			 151.250.
(33) "Profile" means a graph or elevation
			 plot of the water surface or channel bottom against distance along the
			 stream.
(34) "Recreational vehicle"
			 means a vehicle that is:
(a) Built on a single
			 chassis;
(b) 400 square feet or
			 less when measured at the largest horizontal projection;
(c) Designed to be self propelled or
			 permanently towable by a light duty truck; and
(d) Designed primarily not for use as a
			 permanent dwelling but as temporary living quarters for recreational, camping,
			 travel, or seasonal use.
(35) "Regulatory floodway" means the stream
			 channel and that portion of adjacent land area that is required to pass flood
			 flows without raising the base flood crest elevation by more than one (1)
			 foot.
(36) "Stream" is defined in
			 KRS
			 151.100(3).
(37) "Structure" means an object constructed
			 or installed which may be an obstruction to flood flows such as buildings,
			 manufactured homes, towers, smokestacks, and overhead transmission
			 lines.
(38) "Substantial damage"
			 means damage of any origin sustained by a structure whereby the cost of
			 restoring the structure to before-damaged conditions would equal or exceed
			 fifty (50) percent of the market value of the structure before the damage
			 occurred.
(39) "Substantial
			 improvement" means any combination of repairs, reconstruction, alteration, or
			 improvements to a structure, taking place during a one (1) year period, in
			 which the cumulative cost equals or exceeds fifty (50) percent of the market
			 value of the structure, excluding periodic maintenance and upkeep that does not
			 increase the value of the structure.
(40) "Wet flood proofing" means modifying the
			 uninhabited portions of a house, such as a crawlspace so that floodwaters may
			 get in but will not cause significant damage.