2013 Kentucky Revised Statutes CHAPTER 151 - GEOLOGY AND WATER RESOURCES 151.250 Plans for dams, levees, etc. to be approved and permit issued by cabinet -- Jurisdiction of Department for Natural Resources.
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151.250 Plans for dams, levees, etc. to be approved and permit issued by
cabinet -- Jurisdiction of Department for Natural Resources.
(1)
(2)
(3)
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 Department of Highways) across or along any stream, or in
the floodway of any stream, unless the plans and specifications for such work
have been submitted by the person or political subdivision responsible for the
construction, reconstruction or improvement and such plans and specifications
have been approved in writing by the cabinet and a permit issued. However,
the cabinet by regulation may exempt those dams, embankments or other
obstructions which are not of such size or type as to require approval by the
cabinet in the interest of safety or retention of water supply.
No person, city, county or other political subdivision of the state shall
commence the filling of any area with earth, debris, or any other material, or
raise the level of any area in any manner, or place a building, barrier or
obstruction of any sort on any area located adjacent to a river or stream or in
the floodway of the stream so that such filling, raising or obstruction will in any
way affect the flow of water in the channel or in the floodway of the stream
unless plans and specifications for such work have been submitted to and
approved by the cabinet and a permit issued as required in subsection (1)
above.
Nothing in this section is intended to give the cabinet any jurisdiction or control
over the construction, reconstruction, improvement, enlargement, maintenance
or operation of any drainage district, ditch, or system established for
agricultural purposes, or to require approval of the same except where such
obstruction of the stream or floodway is determined by the cabinet to be a
detriment or hindrance to the beneficial use of water resources in the area, and
the person or political subdivision in control thereof so notified. The Department
for Natural Resources through KRS Chapter 350 shall have exclusive
jurisdiction over KRS Chapter 151 concerning the regulation of dams, levees,
embankments, dikes, bridges, fills, or other obstructions across or along any
stream or in the floodway of any stream which structures are permitted under
KRS Chapter 350 for surface coal mining operations.
Effective:April 2, 1982
History: Amended 1982 Ky. Acts ch. 368, sec. 2, effective April 2, 1982. -- Created
1966 Ky. Acts ch. 23, sec. 29.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85,
95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory
references to agencies and officers whose names have been changed in 2005
legislation confirming the reorganization of the executive branch. Such a
correction has been made in this section.
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