SW

Stormwater Directory

Kentucky

Kentucky Energy and Environment Cabinet, Division of Water

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Quick Summary

For most Kentucky projects disturbing 1 acre or more, you need a KPDES Construction General Permit and a SWPPP. Rain-triggered inspections are required after significant discharge events, and the flat fee is $200.

State-DelegatedVerified 2026-03

Construction Permit

Permit Document ↗
Permit Name
KPDES Construction Stormwater General Permit (Permit KYR100000)
Threshold
≥ 1 acre of land disturbance; < 1 acre if part of a larger common plan of development or sale expected to disturb ≥ 1 acre in total
NOI Lead Time
Registration (NOI equivalent called a 'Registration Statement') must be submitted to the Division of Water at least 2 days before commencement of land-disturbing activities; coverage under the general permit is automatic after complete registration
Application Method
Online via Kentucky Division of Water's eDMR / ePermitting system (Energy and Environment Cabinet Online Services Portal at https://eec.ky.gov/); paper registration also accepted
Fee
$200 per Registration Statement (flat fee, paid at time of submission); no acreage-tiered fee for the construction general permit
Permit Expires
September 30, 2027
Apply for Permit ↗

SWPPP Requirements

Permit Document ↗
SWPPP Required
Yes
PE Cert Required
No
Template Available
Yes
Kentucky calls its plan the 'Stormwater Pollution Prevention Plan (SWPPP)' and requires it to be developed before land disturbance begins. DOW provides a SWPPP template and model forms. A PE is not required to prepare or certify the SWPPP for the general permit, though individual KPDES permits or complex projects may require engineering. The SWPPP must be on site, available for inspection, and updated when site conditions change.

Inspection Requirements

Permit Document ↗
Frequency
At least every 7 days and within 24 hours after a storm event that results in a discharge from the site; inspection frequency may be reduced to every 14 days for sites that are temporarily stabilized (e.g., during winter shutdown) when no construction is occurring
Rain Trigger
Within 24 hours of any storm event that results in a discharge from the site (discharge-based trigger)
Inspector Qualification
Inspections must be performed by a qualified person designated by the permittee who is knowledgeable in the principles and practice of stormwater pollution prevention; Kentucky does not require a state-issued inspector certification, but the Division of Water recognizes CISEC, CPESC, and CESSWI credentials
Accepted Certifications
KY EPSC certification (required for Kentucky Transportation Cabinet projects); CPESC, CESSWI, licensed PE accepted for private construction; state EPSC training is the primary pathway

Discharge Standards

Permit Document ↗
Turbidity Limit
No numeric NTU effluent limit in General Permit KYR100000; narrative antidegradation and water quality standards apply
Kentucky's construction general permit does not set a numeric turbidity limit. All discharges must comply with Kentucky's Surface Water Standards (401 KAR 10:026 and 401 KAR 10:031) and the antidegradation policy. Narrative criteria prohibit discharges that cause a visible increase in turbidity in receiving waters. Visual monitoring is required at active discharge points and outfalls. Sites near Outstanding State Resource Waters (Tier III) or Outstanding National Resource Waters have additional protections.

Post-Construction

DOW ↗
Required
Yes
Post-construction stormwater requirements are implemented through Kentucky's KPDES MS4 General Permit program (KYG200000) and local ordinances adopted by regulated MS4 communities. Construction discharging to regulated MS4s must demonstrate compliance with the receiving MS4's post-construction program. Kentucky DOW has also adopted requirements for regulated small MS4s to maintain a post-construction stormwater management program as a condition of their MS4 permit.

Impaired Waterbody / TMDL Requirements

Standard Provisions

Kentucky KPDES construction stormwater permit has standard provisions. No specific heightened conditions are triggered by proximity to impaired waters in the general permit; standard stormwater BMPs apply. Projects near sensitive streams in the eastern coalfield region should consult KDOW.

Program Contact

Contact Page ↗
Contact
Jason Hurt — Environmental Engineering Branch Manager
Phone
(502) 782-6167
Email
JasonM.Hurt@ky.gov

State-Specific Notes

Kentucky operates a state program called KPDES (Kentucky Pollutant Discharge Elimination System), which is the state analog to NPDES. The construction general permit is designated KYR100000. A Notice of Termination (NOT) is required when final stabilization is achieved and the permittee no longer needs permit coverage. Kentucky DOW has increasingly focused compliance inspections on active construction sites near impaired waters (303(d)-listed streams). Local jurisdictions such as Jefferson County (Louisville) and Fayette County (Lexington) may impose additional local erosion and sediment control ordinance requirements above the state minimum.

Disclaimer: This information is provided for general reference only and may not reflect the most current regulatory requirements. Always consult the DOW website and applicable regulations before beginning any construction activity.