401 KAR 4:060 - Stream construction criteria
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.
Section 2. Applicability. This administrative
regulation shall apply to all construction across, along, or adjacent to a
stream (i.e., the base floodplain) or in the floodway of a stream for which a
construction permit is required pursuant to
KRS
151.250, 44 C.F.R. Part 60, and 44 C.F.R.
64.3 , except for the construction of dams as defined in
KRS
151.100.
Section 3. General Provisions.
(1) This administrative regulation shall
constitute minimum criteria for the issuance of permits for stream construction
pursuant to
KRS
151.250, 44 C.F.R. Part 60, and
44 C.F.R.
64.3.
(2) The applicant shall properly complete an
appropriate application form, incorporated by reference in Section 9 of this
administrative regulation, with all pertinent information and submit it to the
cabinet.
(3) Any construction
limits specified in the permit shall be plainly staked or otherwise marked on
the site.
(4) Public notification.
(a) As part of the stream construction permit
issuance procedure, each applicant shall provide notice to all parties who may
incur additional flood-related damages as a result of the construction for
which a permit has been requested, except as provided in subparagraph 3 of this
paragraph.
1. For those projects that may have
flooding impacts beyond the local area of the construction, the applicant shall
publish a notice in the newspaper having greatest circulation in the area of
the proposed construction.
a. This notice
shall provide:
(i) The name and address of
the applicant;
(ii) The location,
nature, and extent of the proposed construction; and
(iii) The address and telephone number of the
Division of Water and stating the comments and objections shall be directed to
the division.
b. The
notice shall be run for period of three (3) consecutive days or printings of
the newspaper; however, for weekly newspapers or areas where newspapers are
printed less frequently, the cabinet may reduce this requirement to two (2)
consecutive printings upon written request of the applicant.
c. The public notice required in subparagraph
1 of this paragraph shall be at least three (3) column inches in size and shall
be large enough that all of the information required in subparagraph 1 of this
paragraph is easily readable.
2. If the cabinet determines that flood
impacts will be localized, the applicant may obtain and submit affidavits from
all parties who reside, own property, or have other legitimate property
interests in the affected areas. This affidavit shall contain a complete
description of the proposed construction, a place for concerned parties to sign
indicating that they have read the statement and that they understand that a
permit application is being submitted to the cabinet, and the name and address
of the cabinet representative to whom statements of concern or request for
hearing may be addressed.
3. For
construction projects that will have negligible flood impacts (e.g. placement
of electrical utility power poles or transmission towers if no fill is included
or minor stream-bank restoration), the cabinet may waive the public
notification requirement after receipt of a written request from the applicant
to do so.
4. The cabinet shall
notify all persons filing comments or objections to the issuance of any permit
of their right to be heard pursuant to the provisions of
KRS
151.182(2).
(b) Proof that the notice was published or
the original of the completed affidavit shall be provided to the cabinet before
the application shall be considered complete; however, technical review of the
application by the cabinet may proceed before proof is provided. Issuance of
the permit shall not proceed until sufficient proof of notice is
submitted.
(c) If the cabinet
determines any of the conditions of paragraph (a) of this subsection are not
met by the initial notice or affidavit, it may require that the applicant place
another notice or provide another affidavit which does so. The application
shall not be considered complete until the applicable public notification
provisions of this subsection are satisfied.
(5) The permit shall become effective on the
date of issuance and shall remain valid for a period of one (1) year.
Extensions may be requested in writing on a year-by-year basis and shall be
granted if:
(a) The scope of work and
ownership has not changed; and
(b)
There is no change in BFE or regulatory floodway.
(6) The permittee shall provide the cabinet
with written notification that construction was completed in accordance with
approved plans and specifications not later than ninety (90) days after
completion of construction. If any of the provisions of the permit are not met,
the cabinet may revoke the permit pursuant to
KRS
151.125.
(7) If any watercourse, channel relocation,
or realignment, and any encroachment that causes a change in base flood
elevations takes place, all supporting technical data shall be submitted to
FEMA in order to obtain the appropriate Letter of Map Change (LOMC) to
officially amend the FIRM in a given community.
(8) Any substantial improvement that
increases the current market value of the structure by more than fifty (50)
percent shall be considered as new construction. The market value of the
structure shall be:
(a) The appraised fair
market value of the structure prior to the start of the initial repair or
improvement; or
(b) If damage has
occurred, the fair market value of the structure prior to the damage.
(9) Substantial improvement shall
be considered to occur when the first alteration of any wall, ceiling, floor,
or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure. The term does not;
however, include any project for substantial or nonsubstantial improvement of a
structure required to comply with existing health, sanitary, or safety code
specifications which are solely necessary to ensure safe living
conditions.
Section 4.
Uses of Regulatory Floodway.
(1) Except as
provided in subsection 2 of this section, all encroachments, including fill,
new construction, substantial improvements, and other development is prohibited
unless certification with supporting technical data by a licensed engineer is
provided, that demonstrates that the encroachments shall have "no impact" or
not result in any increase in flood levels during occurrence of the base flood
discharge.
(2) The following
activities or structures shall be permitted for land within the regulatory
flood-way limits of a stream if they do not result in increases in flood
elevations:
(a) Open space uses having no
appreciable flood damage potential such as those associated with agriculture,
silviculture, recreation, parking, storage yards, and certain sand and gravel
operation;
(b) Certain structures,
such as aerial utility crossings, that are related to allowable open space uses
if the structures are designed, constructed and placed on the lot so as to
offer no obstruction to flood flows;
(c) Structures necessary for navigation and
waterborne freight handling, for transportation or utility crossings, if every
effort has been made to reduce the impact of all of those facilities on
flooding and if the facilities considered alone or in conjunction with
permissible development above and below it and on the opposite side of the
stream do not create an increase in flood elevations in excess of that which is
appropriate for determination of the floodway boundaries at that site pursuant
to Section 5 of this administrative regulation;
(d) Dredging or other removal of material
from between the stream banks and the regulatory floodway, if disposal of the
dredged material is outside of the regulatory floodway;
(e) Recreational vehicles may be permitted in
the regulatory floodway for a period of no more than 180 days if the vehicle is
placed so that it can be moved easily in case of imminent flooding;
and
Section 5. Determining Regulatory Floodway
Boundaries.
(1) The regulatory floodway
boundaries shall include the stream channel and that portion of the adjacent
land areas required to pass the base flood discharge without increasing the
water surface elevation at any point more than one (1) foot. If the stream flow
is supercritical, or if velocity is so high that backwater considerations are
not possible or appropriate, the determination of regulatory floodway
boundaries shall be based on a one (1) foot maximum allowable rise in the
energy grade line. If making these calculations, the cabinet shall use methods
which consider equal conveyance losses on opposite sides of the
stream.
(2) For stream segments for
which a local government has used methods comparable to those specified in this
section to define floodway boundaries and has adopted these boundaries by
ordinance or for which the Federal Emergency Management Agency (FEMA) has
developed a Flood Insurance Study (FIS), Flood Hazard Boundary Maps (FHBM),
Flood Boundary and Floodway Maps (FBFM), mapped floodway boundaries and areas
of shallow flooding, the cabinet shall consider these designated floodway
boundaries to define the regulatory floodway. If both locally-determined
floodway boundaries and FEMA maps are available, the more stringent shall apply
for purposes of this administrative regulation.
(3) Notwithstanding any other provisions of
this administrative regulation, in areas containing one (1) or more houses or
commercial or industrial buildings that may be affected by flooding or at other
locations if the one (1) foot increase in base flood elevation (BFE) allowable
in determining regulatory floodway boundaries would create an undue increase in
flood damages, the cabinet may impose a more stringent limitation on the
floodway determination.
(4) Base
flood flow information shall be determined by one (1) of the following methods,
which are listed in descending order of preference:
(a) The base flood flow frequency curve for
gauged sites on unregulated streams shall be obtained from the district office
of the U.S. Geological Survey or the appropriate U.S. Army Corps of Engineers
district office. This data shall be used to provide the best discharge
estimates for the site under consideration. Peak discharges for ungauged sites
on a gauged stream may consider both the gauged site information and
information from an appropriate regional estimate, if available. The transfer
technique for establishing discharges at the ungauged location shall be by
interpolation or extrapolation methods in keeping with best engineering
practices. For gauged streams with regulated flows, peak discharges shall be
obtained from the agency responsible for regulating the flow.
(b) For ungauged streams one (1) of the
following shall be used:
1. "Estimating the
Magnitude of Peak Flows for Streams in Kentucky for Selected Recurrence
Intervals", U.S. Geological Survey, Water Resources Investigations Report
03-4180, incorporated by reference in Section 9 of this administrative
regulation;
2. Natural Resources
Conservation Service "National Engineering Handbook, Part 630: Hydrology",
incorporated by reference in Section 9 of this administrative regulation;
or
3. The cabinet may approve the
use of other generally accepted methods in keeping with best engineering
practices.
(5)
For areas below dams or impounding structures, flood routings shall be
determined as if the dam or impounding structure does not exist.
(6) In performing the calculations for
regulatory floodway boundaries, the cabinet shall use standard engineering
practices.
(a) The applicant shall provide
cross sections for determining floodway boundaries at any proposed construction
site if FEMA maps are not available. All cross sections shall be referenced to
mean sea level, in either the NGVD 1929 or NAVD 1988 vertical datum, and shall
have vertical error tolerances of no more than plus or minus five-tenths (0.5)
foot. Cross sections elevations shall be taken at those points which represent
significant breaks in slope and at points where hydraulic characteristics of
the base floodplain change. Each cross section shall extend across the entire
base floodplain and shall be in the number and at the locations specified by
the cabinet. Submitted cross sections shall be in a tabular, electronic format.
If necessary to ensure that significant flood damage will not occur, the
cabinet may require additional cross sections or specific site elevations which
extend beyond those needed for making routine regulatory floodway boundary
calculations.
(b) Roughness values
for use in regulatory floodway computations shall be calibrated from existing
flood information, if possible. If the information is not available, the
cabinet shall base these values on the professional judgment of the cabinet's
staff in keeping with best engineering practices. The cabinet may require the
applicant to provide photographs or other information if it is helpful in
making this determination.
(c)
Slope values used for regulatory floodway boundary calculations shall be based
on flood profiles if available.
(d)
Conveyance loss shall be calculated through an equal loss method.
Section 6. Placement of
Flood-damageable Property in Floodplain.
(1)
In order to minimize or prevent the harmful effects of stream flooding, the
cabinet shall not issue permits for the placement or construction of
flood-damageable property in the base floodplains of streams, unless the
placement or construction conforms to the requirements of the following
subsection.
(2) In issuing
construction permits pursuant to
KRS
151.250 for the placement of flood-damageable
property within the base flood inundation area the cabinet shall require the
following:
(a) All new construction and
substantial improvements of residential structures within the base floodplain
shall have the lowest floor (including basement) elevated to at least the base
flood elevation;
(b) All new
construction and substantial improvements of existing construction and
nonresidential structures within the base floodplain shall meet the following
conditions:
1. The lowest floor (including
basement) shall be elevated to the base flood elevation or above; or
2. Together with attendant utility and
sanitary facilities, shall be designed with the application of dry flood
proofing techniques, so that below the base flood level the structure is
properly flood proofed with walls substantially impermeable to the passage of
water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy;
(c) New construction or
substantial improvements of existing construction or elevated structures that
include fully-enclosed areas formed by foundation and other exterior walls
below the base flood elevation shall be designed with the application of wet
flood proofing techniques to preclude finished living space and designed to
allow for entry and exit of floodwaters to automatically equalize hydrostatic
flood forces on exterior walls.
1. Opening
sizes for complying with this requirement shall meet the following minimum
criteria:
a. Provide a minimum of two (2)
openings having a total net area of not less than one (1) square inch for every
square foot of enclosed area subject to flooding;
b. The bottom of all openings shall be no
higher than one (1) foot above foundation interior grade, which shall be equal
in elevation to or higher than the exterior foundation grade; and
c. Opening may be equipped with screens,
louvers, valves, or other coverings or devices provided they permit the
automatic flow of floodwaters in both directions.
2. The interior portion of the enclosed areas
shall not be partitioned or finished into separate rooms.
(d) The floor elevation or the flood proofing
certification shall be provided by the permittee after the lowest floor is
completed. Upon placement of the lowest floor, or flood proofing by whatever
construction means, the permit holder or owners shall submit to the Division of
Water a certification of the elevation of the lowest floor or flood proofed
elevation, using the FEMA Elevation or Floodproofing Certificate, whichever is
applicable, as built, in relation to mean sea level. The document shall be
prepared and certified by or under the direct supervision of a licensed land
surveyor or engineer. If flood proofing is used for a particular building, the
certification shall be prepared by or under the direct supervision of a
licensed engineer. Any work undertaken prior to submission of the certification
shall be at the permit holder's or owner's risk. The Division of Water shall
review the floor elevation survey data submitted. Deficiencies detected by the
cabinet's review shall be corrected by the permit holder or owner immediately
and prior to further progressive work being performed. Failure to submit the
survey or failure to make the required corrections, shall be cause to issue a
stop-work order for the project; and
(e) All manufactured homes, except in an
existing manufactured home park or subdivision, shall be elevated to the base
flood elevation and properly anchored to resist flotation, collapse, or lateral
movement. If placed in an existing manufactured home park or subdivision the
home shall be elevated no less than three (3) feet above grade, and properly
anchored. Any manufactured home placed in an existing manufactured home park or
subdivision on which a manufactured home has incurred substantial damage equal
to or exceeding fifty (50) percent of its predamaged market value as a result
of a flood shall be elevated to the base flood elevation and properly anchored.
The expansion of an existing manufactured home park or subdivision constitutes
new construction and placement in that newly developed area shall conform to
both base flood elevation and anchoring requirements.
Section 7. Construction Materials.
All materials used in projects shall be stable and inert, shall be free from
pollutants and floatable objects, and shall meet all appropriate engineering
standards applicable to the construction project.
Section 8. Variances and Exceptions.
(1) Encroachments which cause a backwater
effect of more than one (1) foot may be allowed by the cabinet if:
(a) The applicant owns the entire affected
property on both sides of the stream;
(b) The amount of backwater at the nearest
upstream property line is no more than considerations in Section 5 of this
administrative regulation would allow; and
(c) The cabinet has reasonable assurances
that none of the applicant's property within the area of the excessive
backwater shall be subdivided and sold. Reasonable assurances shall include:
1. Zoning considerations that would preclude
subdivision of the property;
2.
Deed restrictions that would preclude subdivision of the property;
3. Restrictive floodplain construction
easements identifying the Commonwealth of Kentucky as owner of the easement;
or
4. All structures built in these
areas shall have their lowest floor elevation at or above the altered elevation
or be flood proofed to that elevation.
(2) The cabinet may allow regulatory floodway
boundaries to be shifted by changing allocation of conveyance losses. The
cabinet may redesignate the regulatory floodway boundary on one (1) side of a
stream to be closer to the stream channel if a permanent flooding easement is
provided for a compensating area on the opposite side. This easement shall
include that area extending from the top of the opposite stream bank to
whatever distance away from the stream that is required to compensate for the
proposed streamward shift of the floodway boundary. The easement shall specify
the Commonwealth as owner of the easement rights and shall prohibit the
placement of any obstruction on the property. The easement shall be filed of
record in the county where the property is located and the grantor shall
provide proof to the cabinet that the easement has been recorded. If regulatory
floodway boundary changes are approved by the cabinet, the applicant shall be
responsible for having changes made to the appropriate FEMA boundary
maps.
(3) If an area along a stream
is incorrectly indicated within the designated floodway on the FE-MA map, an
applicant may submit an independent hydraulic analysis performed by a qualified
licensed engineer that demonstrates the area is not within the designated
floodway. The applicant shall be responsible for obtaining all site-specific
information for the analysis including, if necessary, the information used for
the initial FEMA study. The cabinet shall review the analysis and, if the
mapped information is incorrect, it may issue a permit based on the revised
information. The cabinet's permit shall reflect the boundaries determined by
the corrected analysis. The applicant shall be responsible for submitting the
revised information to FEMA. After review, FEMA may develop Letters of Map
Change (LOMC) to amend or revise the affected FIRM, FBFM, or FIS. LOMCs include
the following categories:
(a) A Conditional
Letter of Map Amendment (CLOMA), which is FEMA's comment on whether a proposed
project would be excluded from the Special Flood Hazard Area (SFHA) shown on
the effective National Flood Insurance Program (NFIP) map.
(b) A Conditional Letter of Map Revision
(CLOMR), which is FEMA'S comment on a proposed project that would affect the
hydrologic or hydraulic characteristics of a flooding source and thus result in
the modification of the existing regulatory floodway or effective Base Flood
Elevations.
(c) A Conditional
Letter of Map Revision based on Fill (CLOMR-F), which is FEMA'S comment on
whether a proposed project involving the placement of fill would exclude an
area from the SFHA shown on the NFIP map.
(d) A Letter of Map Amendment (LOMA), which
is an official amendment, by letter, to an effective NFIP map. A LOMA
establishes a property's location in relation to the SFHA.
(e) A Letter of Map Revision (LOMR), which is
an official revision, by letter, to an effective NFIP map.
(f) A Letter of Map Revision based on Fill
(LOMR-F), which is an official revision, by letter, to an effective NFIP
map.
(4) Exceptions to
Section 6 of this administrative regulation may be allowed for the
reconstruction, rehabilitation, or restoration of historic structures if the
proposed repair, rehabilitation, or restoration will not preclude the
structure's continued designation as a historic structure and the exception is
the minimum necessary to preserve historic character and design of the
structure.
(5) Exceptions may be
allowed for the requirement of a hydraulic or hydrologic study for the
replacement or reconstruction of county or city bridges, if:
(a) The new bridge, as designed, will be
capable of passing as much or more flow at the base flood level; and
(b) There are no significant changes in the
elevation and grades of the existing approaches and roadway which may be within
the base floodplain.
(6)
Exceptions may be allowed for the requirement of a hydraulic study for a new
clear span bridge, if the deck abutments are recessed within the stream banks
with no approach fill and if the chord depths, including curbs, are no greater
than eighteen (18) inches.
(7)
Exceptions may be allowed for the requirement of a hydraulic study for low
water crossings, if the structure is constructed in accordance with the
cabinet's standard low water crossing template found in document DOW 84-01,
incorporated by reference in Section 9 of this administrative
regulation.
Section 9.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"Estimating the Magnitude of Peak Flows for Streams in Kentucky for Selected
Recurrence Intervals, U.S. Geological Survey, Water Resources Investigations
Report 03-4180, 2003",
(b)
"National Engineering Handbook, Part 630: Hydrology, Natural Resources
Conservation Service, July 2001";
(c) "Kentucky Model Flood Damage Prevention
Ordinance, 2004";
(d) "Kentucky
Division of Water Policy Document DOW 84-01, 5/18/1984"; and
(e) "Application for Permit to Construct
Across or Along a Stream and/or Water Quality Certification, DOW 7116, January
2004".
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Kentucky Division of Water, 300 Sower Boulevard, Frankfort, Kentucky 40601,
Monday through Friday, 8 a.m. to 4:30 p.m.
Notes
STATUTORY AUTHORITY: KRS 151.125, 151.230
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