KRS 151.250: Plans for dams, levees, embankments, dikes, bridges, fill, or other

obstruction to be approved and permit issued by cabinet -- Jurisdiction of

Department for Natural Resources.

(1) 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, embankm ent, levee, dike,

bridge, fill, or other obstruction, except those constructed by the Kentucky

Transportation Cabinet, in the floodplain or floodway of any stream, unless the

plans and specifications for such work have been:

(a) Submitted by the person or political subdivision responsible for the

construction, reconstruction, or improvement; and

(b) Approved in writing by the cabinet and a permit issued.

However, the cabinet by administrative 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.

(2) No person, city, county, or other political subdivision of the state shall commence

the filling of, or place a buildin g, barrier, or obstruction of any sort in, any area in

the floodplain or floodway 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.

(3) 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. However, the ca binet may require approval prior to construction of

structures, dams, embankments, levees, bridges, fill, or other construction related to

agricultural operations that impact the base flood of a stream.

(4) 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 permitt ed under KRS

Chapter 350 for surface coal mining operations.