Floodplain Permitting Procedures

To build, develop, or repair in a floodplain, both the Kentucky Division of Water (DOW) and Louisville Jefferson County require permits. You can pickup or download the Kentucky and Louisville/Jefferson County floodplain permits at:

• State Floodplain Permit: Stream Construction Permit Application
• Contact the KY DOW at 502 564-3410
• Local Floodplain Permit information or download the Application for Permit to Develop/Repair in a Floodplain (10 KB, )
• Visit MSD staff at:
  • 700 West Liberty St or
  • 444 S 5th St

Following are the steps the property owner needs to take regarding state and local permitting.

STEP 1: Verify if the site is in a floodplain or special flood hazard area (SFHA)—a shaded A Zone area on the Flood Insurance Rate Map (FIRM).

• If the project site is obviously outside of the shaded A-Zone, then floodplain regulations do not apply.
• If the project site is in a shaded A-Zone or is a borderline question, proceed to Step 2.

STEP 2: Check to see if the project meets the definition of “development” of both the NFIP (National Flood Insurance Program) and the local ordinance.

As a general rule of thumb, anything which alters the natural topography of the floodplain needs permit review. “Development” includes:

• Construction, reconstruction, or placement of a building
• Additions to existing buildings
• Renovation
• Remodeling
• Manufactured homes
• Travel trailers (RV’s)
• Filling or regrading
• Excavation
• Construction or erection of levees, dams or walls
• Storage of materials in floodplain (including gas or liquid tanks)
• Any other activity that might change the direction, height, or velocity of floodwaters

Development does not include: maintenance of existing building and facilities, resurfacing roads, gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees.

STEP 3: Complete both a state and a local Floodplain Permit Application

A location plat map of the site should be attached to every application form. Plans of the proposed development should also be attached showing existing and proposed conditions, including all appropriate dimensions and elevations.

STEP 4: Does the project include a new building or substantial improvement of an existing building

A “building” is a structure that is principally above ground and is enclosed by walls and a roof, including manufactured homes and prefabricated buildings. The term also includes recreational vehicles and travel trailers installed on a site for more than 180 days. Regulations require that the vehicles be road ready (fully licensed and insured) and have quick disconnect utilities.

According to Kentucky regulations (401 KAR 4:060 Stream construction criteria): "Substantial improvement" means any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during a five (5) year period, in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure. The market value of the structure shall be:

(a) The appraised value of the structure prior to the start of the initial repair or improvement; or

(b) If damage has occurred, the value of the structure prior to the damage. Substantial improvement is 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 improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

STEP 5: Once the state issues a “stream construction permit”, a copy will be provided to the property owner, the local floodplain official, and the Division of Water Regional Office. There will be stipulations on the state permit, as well as the base flood elevation (BFE) to which the property owner must build the lowest floor.

Local ordinances may be more stringent than state regulations and take precedence over the state permit. In this case, a 1-foot freeboard requirement in the local Floodplain Ordinance takes precedence.

STEP 6: Complete an Elevation or Floodproofing Certificate, signed by a professional engineer, architect or licensed surveyor.

Ensure the Elevation or Floodproofing Certificate is properly completed, including:

• Fully enclosed areas below the lowest floor have at least a minimum of two (2) openings, with a total net area of not less than 1 square inch per square foot enclosed area. The bottom of the openings should be no higher than 1 foot above the lowest grade. (See picture of vents and openings in the Elevation Certificate.)
• Materials used below the lowest finished floor are resistant to flood damage;
• Verification of proper elevation of heating, ventilation, air conditioning (HVAC), electrical, plumbing equipment, and utility meters;
• Waterproof all water and sewer pipes and electrical and telephone lines located below the base flood elevation.

To obtain an Elevation or Floodproofing Certificate, visit MSD or go to FEMA’s website at www.fema.gov/fima/floodplain_resources.shtm. You may also read FEMA’s Technical Bulletins.

STEP 7: Keep copies of all pertinent records of the following:

• State “Stream Construction Permit” for construction in or along a stream
• Local floodplain permit
• Location plat map and plans, if required
• Elevation or Floodproofing Certificate