151.250 Plans for dams, levees, etc. to be approved and permit issued by cabinet -- Jurisdiction of Department for Natural Resources. - Kentucky Statutes

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151.250 Plans for dams, levees, etc. 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, embankment, levee, dike,
bridge, fill or other obstruction (except those constructed by the Department of
Highways) across or along any stream, or in the floodway of any stream, unless the
plans and specifications for such work have been submitted by the person or
political subdivision responsible for the construction, reconstruction or
improvement and such plans and specifications have been approved in writing by
the cabinet and a permit issued. However, the cabinet by 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 any area with earth, debris, or any other material, or raise the level of
any area in any manner, or place a building, barrier or obstruction of any sort on any
area located adjacent to a river or stream or in the floodway of the stream so that
such filling, raising or obstruction will in any way affect the flow of water in the
channel or in the floodway of the stream 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, or to require approval of the same except where such obstruction of the
stream or floodway is determined by the cabinet to be a detriment or hindrance to
the beneficial use of water resources in the area, and the person or political
subdivision in control thereof so notified. 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 permitted under KRS Chapter 350 for surface coal mining
operations. Effective: April 2, 1982
History: Amended 1982 Ky. Acts ch. 368, sec. 2, effective April 2, 1982. -- Created 1966 Ky. Acts ch. 23, sec. 29. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to
agencies and officers whose names have been changed in 2005 legislation confirming
the reorganization of the executive branch. Such a correction has been made in this
section.