{"data":{"id":"us-ky/krs-151.293","jurisdiction":"us-ky","citation":"KRS 151.293","heading":"Inspection reports -- Requirement -- Time periods -- Modification --","body":"Administrative regulations.\n(1) Within sixty (60) days of completion of an on -site inspection of an existing dam,\nthe cabinet shall prepare an inspection report and notify the owner in writing.\n(2) The cabinet may impose such conditions relating to the inspection, operation,\nmaintenance, alteration, repair, use, or control of a dam or reservoir as it determines\nare necessary for the protection of public health, safety, or welfare.\n(3) The cabinet may establish hazard categories for dams based on downstream\nfloodplain use, size, or type of dam, or other criteria, and may impose different\nconditions or types of conditions on the approval of dams or reservoirs in the\ndifferent categories. The hazard categories in all cases shall be based only on the\nactual risk imposed by the dam.\n(4) The cabinet may utilize the results and information provided by or for the United\nStates Army Corps of Engineers pursuant to the provisions of Pub. L. No. 92-367 if\nthe information is not more than one (1) year old at the time of use.\n(5) Inspection reports shall be for a definite period of time, not to exceed five (5) years,\nas determined by the cabinet and stated on the inspection report. In determi ning the\nperiod of inspection, the cabinet may take account of any circumstances pertinent to\nthe situation, including, but not limited to, the size and type of dam, topography,\ngeology, soil conditions, hydrology, climate, use of the reservoir, the lands lying in\nthe floodplain downstream from the dam, and the hazard category of the dam.\n(6) The cabinet may modify an inspection report or the conditions attached to it. Such\nmodification shall become effective ninety (90) days following issuance by the\ncabinet of a revised inspection report, except when the cabinet finds that a state of\nemergency exists and that life or property would be endangered by delay. In case of\nan emergency declared by the cabinet, the new conditions shall be effective\nimmediately.\n(7) Specific guidelines for issuance and renewal of an inspection report for earth\nembankment dams shall be provided by administrative regulations which shall\naddress at least the following areas:\n(a) The hydraulic capacity requirements for each category of dam shall be\nprovided. The probable maximum precipitation as determined by the National\nOceanic and Atmospheric Administration or another scientific evidence-based\nmeans shall be used only where it can be clearly demonstrated that failure of\nthe dam by overtopping would result in greater loss of life than would occur if\nthe dam did not exist and only for small watersheds, since such large rainfall\nevents are not expected to occur over large areas. The cabinet shall provide a\ntable of factors that reduce this rainfall appropriately for larger watersheds;\n(b) Minimum criteria for the embankment stability of the dam, including\nconsideration of such factors as steepness of slopes, strength of materials, and\nearthquake loadings shall be specified;\n(c) Variance procedures for applicable hydraulic and stability considerations shall\nbe included for, but not limited to, variances to hydraulic criteria where only a\nsmall number of persons are at risk and where a reliable, effective emergency\npreparedness system will be installed; where a risk analysis demonstrates that\nat rainfall levels less than that specified in the administrative regulation there\nis no risk that actually results from the dam; where an owner can demonstrate\nthat the dam substantially conforms to the criteria in the administrative\nregulation; and, for dams that pose a risk of economic damages only, where\nthe owner provides indemnification against potential damages;\n(d) Before any variance is issued, the affected public shall be notified of the\ncabinet's intended action and allowed to make known any objections or\nconcerns that it might have;\n(e) Whenever the owner of a dam has requested a variance and the request has\nnot been granted or has not been granted in the manner requested, the owner\nor aggrieved party may petition the cabinet to have the variance request\nreviewed and a final determination made by the cabinet. If not satisfied by the\nfinal determination of the cabi net, the party may seek administrative remedy\nfrom the cabinet under the provisions of KRS 151.182;\n(f) Items of general maintenance of a dam and all its appurtenances shall include\nprovisions for at least the following: dams shall be mowed regularly; dams\nshall be free of trees and brush; animal burrows shall not be allowed on dams;\nslides, erosion and cracks that could pose problems to dams shall be properly\nrepaired; action shall be taken to alleviate excessive wetness and abnormal\nseepage; appurtenances  that are necessary for the proper operation and\nmaintenance of the dam shall be kept in proper working condition;\n(g) Provisions shall be made whereby the cabinet will allow for staged renovation\nof dams that do not meet the criteria of the administrative  regulations and\nshall clearly identify the circumstances under which staging is allowable and\nset a maximum time limit that may be allowed for bringing the dam into\ncompliance. Other provisions shall require the owner to develop and maintain\nan emergency action plan, to provide interim insurance, bonding or other\nindemnification, and on a frequent basis as specified by the cabinet, to inspect\nthe dam and report to the cabinet the status of any facilities or conditions of\nconcern; and\n(h) If the cabinet has  previously required a dam to be upgraded to meet a certain\ndam safety standard, it shall not require that the dam be upgraded again\nbecause of a change in the administrative regulation with regard to that same\nstandard. However, if the owner proposes subs tantial construction on the dam\nor if the dam must be repaired due to indications of distress or to partial\nfailure, the cabinet may require the owner to bring the dam into full\ncompliance with current standards.\n(8) The cabinet shall establish guidelines on a case-by-case basis for gravity dams and\nother types of dams that are unusual to the Commonwealth, and shall follow\nrecognized engineering practice.\n(9) Plans and specifications submitted to the cabinet shall be the responsibility of and\nsigned by an e ngineer licensed by the Commonwealth and experienced in the\ndesign and construction of dams, as determined by the cabinet.","path":["KRS Chapter 151"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54099","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:45Z","sha256":"e752b7989da4120867dde79c5eaf2d15c20c57a09a9d69e65af71a4041b31840","source_id":"us-ky","stale":false,"prev":"us-ky/krs-151.291","next":"us-ky/krs-151.295"},"notice":"GroundRules: Original legal text. Not legal advice."}