Most streams and rivers in Kansas are privately owned. The public rivers are the Kansas, Arkansas and Missouri. They are open to the public between the ordinary high water marks on each bank. This is the line that can be seen where high water has left debris, sand and gravel during its ordinary annual cycle. When these rivers flow through private land, permission is needed from adjacent landowners to access the rivers as well as when picnicking, camping, portaging or engaging in any other activity on the adjacent private lands.
Except where they pass through the legal limits of a government entity, the rest of our streams and rivers are privately owned, and permission is needed from the landowners to access and use the streams and adjacent lands for any purpose.
A dam regulated by DWR is defined as any artificial barrier, including its appurtenant works, with the ability to impound water, waste water or other liquids that has either: (a) a height of 25 feet or more; (b) a height of 6 feet or more and a storage volume at the top of the emergency spillway elevation of 50 or more acre feet. The height of a dam is determined from the lowest elevation of the streambed, downstream toe or outside limit of the dam to the elevation of the top of the dam.
- What are dam hazard classifications?
Each dam in Kansas is assigned one of three hazard classifications:
Class A: or low hazard
Class B: or significant hazard
Class C: or high hazard
Hazard classification reflects the impact on downstream property and individuals in the event the dam should fail. Hazard classification does not reflect the physical condition of the dam. Low-hazard dams are relatively unlikely to cause serious property damage or loss of life in the event of a failure, while high-hazard dams are likely to cause loss of life or serious property damage. High-hazard dams are required to be inspected by an engineer every three years and significant-hazard dams every five years.
- Can you recommend a surveyor or an engineer?
As a regulatory agency, KDA-DWR cannot give advice or recommendations for an engineer or surveyor. The engineer or surveyor does not have to be based in Kansas, but must be licensed to practice in Kansas. The Kansas State Board of Technical Professions or Kansas Society of Land Surveyors can be helpful.
- Where can I find aerials, elevation data (LIDAR), etc.?
The Division of Water Resources doesn’t maintain copies of elevation certificates, but if your community participates in the Community Rating System (CRS) program, the floodplain administrator should have copies of them as they are required to maintain them to participate in the program. If your community does not participate in the CRS program and the floodplain administrator does not have copies of elevation certificates, you may be able to consult the property’s previous owner (if there is one) or visit the City or County courthouse to review their records.
- Where do I get an elevation certificate for a property that does not already have one?
If the property is in a flood zone where Base Flood Elevations (BFEs) are provided, you will likely need to hire a licensed surveyor or professional engineer to provide one following a survey. If the property is in a flood zone where BFEs are not provided (specifically in Zone AO, AR, or A), a property owner can complete sections E & F of an elevation certificate without a survey. Review the Floodplain Team’s training series on Elevation Certificates here.
- How can I find out if my home or business is in a floodplain?
The Kansas Current Effective Floodplain Viewer (Ks Dept of Ag viewer) is a good place to do a quick check of an address to determine whether it is within the floodplain. You can also find a Flood Insurance Rate Map (FIRM) viewer and map panels on FEMA’s Flood Map Service Center, or contact your local floodplain administrator.
- What are my options if my home or business is in a floodplain?
A property owner would only be required to purchase flood insurance if they are within the 1% annual chance floodplain (also known as the 100-yr. floodplain) and they have a mortgage that is federally backed. Though it is still strongly recommended for a property owner in the floodplain to have flood insurance even if they don’t have a federally backed mortgage.
In addition to mitigation measures that may lower risk-based insurance rates, a Letter of Map Change (LOMC) could also be considered. You can learn about LOMCs on the Floodplain Team’s LOMC webpage, and learn more about insurance rating and mitigation efforts on the Floodplain Team’s Flood Insurance webpage.
- Where do I buy flood insurance? Do I buy it from the Division of Water Resources?
- I looked at the map, and the floodplain just barely touches the property but is not close to the house. What should I do?
If your home is visibly outside of the floodplain on a Flood Insurance Rate Map (FIRM), contacting the lender that made the flood zone and insurance determination for your property is a good first step. They may have made a determination for the property, but not for the structure itself. You may also be eligible for a Letter of Map Amendment-Out as Shown (LOMA-OAS) which is an official determination from FEMA on the location of the structure within the floodplain. Learn about the process to apply for a LOMA-OAS here.
- A mortgage lender says my house is in a floodplain, and I have to buy flood insurance. What should I do?
Your community’s floodplain administrator should be able to verify your property’s location relative to the floodplain and begin the conversation about flood insurance with you. You can find more information to get you started here, Flood Insurance | Department of Agriculture.
- The bank or insurance company says my house is in a floodplain, but I don't think it is. What should I do?
Connecting with your community’s floodplain administrator would be a good place to start. You can review the effective floodplain maps on the Kansas Current Effective Floodplain Viewer. You can learn about Letter Of Map Changes (LOMC) on the Floodplain Team’s LOMC webpage.