- Is this a dam?  If this proposal meets the below definition, a permit is required.

• Our definition of a dam is when the structure is 25 feet or more in height, or six feet or more in height with the ability to store 50 acre-feet or more of water from the auxiliary spillway

- If this proposal doesn't qualify as a dam, please determine the drainage area above this site.  

• How do I find this?  Try using the USGS StreamStats site.  Instructions are here.

The jurisdiction threshold is based on what zone the project will reside.  The below map shows the minimum area needed.  A permit is required if the drainage area exceeds these values.

- For buried pipelines or crossings projects, there is a caveat.  You will need to know coverage depth along with its drainage area.  Providing the coverage depth is met, the permit requirements change.  A permit is required when the drainage area exceeds 50 sq. miles.  A blanket permit is issued for smaller watersheds (no further action on your part is required).  If you can not meet the coverage depth, then you go back to the drainage requirements from the above map.

• Coverage depth is met when you have at least 5-ft. of coverage on all streams outside of navigable ones.  Navigable streams (i.e. Kansas, Arkansas, & Missouri Rivers) need at least 7-ft. of cover.

NOTE: Directional drilling is exempt from our permit review.  You are not altering the channel. 

Below are a list of exemptions that pertain to this statute only.  All of the conditions must be met under each exemption.

• Class A Exemption
  • Must be a low-hazard, Class A, dam
  • Dam height is less than 30-ft.
  • The storage volume at the crest of the auxiliary spillway is less than 125 acre-feet.

DWR would have to be notified to confirm this exemption.  Please fill out the Class A Dam Registration exemption form and follow its instructions.  While this will exempt you from the requirements for a dam, you may need a permit if it meets the requirements of a non-dam stream obstruction or that of the Levee Law. 

• New Feedlot Structure Exemption- pertains to new or a modification proposal
  • Must be a low-hazard, Class A, dam
  • Must be a wastewater storage structure for a confined animal feeding operation
  • Must be approved by the Kansas Dept. of Health & Environment

• Minor Project Exemption- examples include buried pipeline crossing, low-water crossings, and outfall structures.
  • Disturbance along the channel is less than 25-ft.
  • Obstructs less than 5% of the channel cross-section
  • Floodplain fill outside the channel does not exceed a foot in depth

• Revised Rural Stream Obstruction Exemption
  • Not a dam
  • Located in an unincorporated area
  • Has a watershed are of 5 sq. miles or less
  • Any part of the obstruction, including any impounded water, is at least 300-ft. from property boundary.

This statute handles floodplain fills along with levee requirements.  An approval is required if the average fill height exceeds a foot within the floodplain limits (excavation is left out in this calculation).   

• How do I find out if I'm in a floodplain?  Try using our floodplain viewer.  You can enter an address, intersections, or latitude and longitude. 

• What is the difference between floodplain, floodway, and floodway fringe?  The image below is from FEMA's Kansas Quick Guide document.  To summarize the picture, Floodplain Limits = Floodway Fringe + Floodway limits.   

NOTE: A common theme you will hear from us, and the local community, is a project can be built if the effect on the floodplain is less than a foot or no-rise in the floodway.  The reason for the difference is that 1-ft. buffer is already used up in determining the floodway (listed as the surcharge in the below picture).  Any additional impact will exceed the foot limit.                            

• Do I need a permit if my area is not mapped?  Possibly.  You will need to find the drainage area of the stream near your site.  The below map shows the minimum area needed.  A permit is required if the drainage area exceeds these values.  If sufficient information is provided that shows this project would be outside of the floodplain, we will take that into consideration. 

How do I find the drainage area?  Try using the USGS StreamStats site.  For Instructions. 

After determining what parts of your proposal needs a permit, you will need to apply for them. The below items are the core of the application package:

• Application form(s)
  • Base application can be found here
  • For bridge/culvert replacements that have equal or larger waterway opening, fill out the additional worksheet here.  Meeting the conditions on this worksheet will save you time and money.
  • For dams that need a water right, fill out the joint application
•  Location Map- provide an adequate map that pinpoints the site to other landmarks
•  Plans- show existing and proposed conditions in a plan, profile, and cross-section views
  • K.A.R. 5-40-2- Dam Plan Requirements
    • K.A.R. 5-40-2a Benchmarks- need two permanent benchmarks
    • K.A.R. 5-40-3 Specifications
  • K.A.R. 5-41-1 Channel Change Plan Requirements
  • K.A.R. 5-42-1 Stream Obstruction (not dams) Plan & Specification Requirements
    • K.A.R. 5-42-2 Minor Obstruction Criteria- If conditions are met, plans can be a sketch with dimensions.
    • K.A.R. 5-46-1 General Permit Criteria-If conditions are met, plans can be a sketch with dimensions.
  • K.A.R. 5-43-1 Sand Dredging Operations Plan & Specifications Requirements
  • K.A.R. 5-45-2 Floodplain Fills/Levees Plan Requirements 
• Application fee- comparing the fees between either or both statutes
  • On the back of the application has a chart with the fees
  • If you have multiple dependable projects, take the higher of two fees (i.e. bridge and roadway).
  • If you have multiple independent projects, each site will have its own fee.
• Hydraulic Calculations- quantifying the expected change to the water surface elevation or in velocity for the 50% chance and 1% chance flood.
  • Stream Obstructions- optional if it is obvious that the proposal will not create a rise of over a foot if the site is outside of a floodway, or no-rise in the floodway.
  • For Floodplain Fills and Levees, hydraulic calculations are required.

For dams, you will need to submit additional information.  The list includes the following:

• K.A.R. 5-40-2b Design Report
• K.A.R. 5-40-5 Area-capacity table
• K.A.R. 5-40-73 Emergency Action Plans- for Class B (Significant) or Class C (High) hazard dams 

When you have completed the above list, you can mail or email them with the below information:

Kansas Dept of Agriculture
Division of Water Resources- Water Structures
1320 Research Park Drive
Manhattan KS  66502
kda.waterstructures@ks.gov

You can submit the processing fee electronically.  If this is your first time, or if any information has changed, you will also need to send a W-9 form.

• Electronic Payment form
• Blank W-9 form

NOTE: If you don't need a permit and would like a letter from us stating that, please send us a location map along with adequate plan details.  The local community will likely ask for proof that you have talked to us during their review.  Please send this to the same address as above.

Each project that we review gets feedback from other state agencies.  We courtesy copy other entities since we know a permit from their office may also be required.  This should help streamline the process in getting the necessary permits.

If you would like more information, or to discuss your proposal to them, here is a list:

• Corps of Engineers Clean Water Act Permit
  • Call (316) 222-8247 or email regulatory.kansasstate@usace.army.mil (website is outdated)
• Kansas Dept of Agriculture- Water Appropriation (if you are impounding or pumping water)
• Kansas Dept of Wildlife & Parks- Kansas Ecological Review Tool
  • Call (620) 672-5911 or email kdwpt.ess@ks.gov
• Kansas Dept of Health & Environment Stormwater Run-off
  • Call (785) 296-5547 or email Don Carlson (donald.carlson@ks.gov)
• Local community- Provides a list of participating communities with their floodplain administrator and their email address and/or phone number.

In general, the local community will have the most stringent requirements to follow.  It would be wise to contact them first to see if any major roadblocks are ahead.  The local community will go through their process after all other permits are approved.

Our requirements are similar to the local community, but we have subtle differences.  If the local community does not have any major issues with the design, we likely will not either.

Once all of the permits are gathered, you can begin construction.  Included in the permit package is a Notice of Completion form to let us know when you are done.  We ask that you fill it out and send it back to us at that time.  There is a time limit shown on the permit.  If more time is needed, just ask before the permit expires.  We will ask for a reason, and it can be as simple as you need more funds.  The extension is typically given 2 years at a time.  The construction window lasts up to 10 years.  After that, you will need to reapply for another permit.

Once the project is built, you need to maintain it.  The permit is valid for the lifetime of the site.  If you need to modify it, you will need to apply for another permit.  Outside of dams, that is all you need to worry about.

For dams, you will need to provide more information to document its construction and maintenance records.  The list includes the following:

• K.A.R. 5-40-12 As-built Plans
• K.A.R. 5-40-72 Construction Inspection Reports
• K.A.R. 5-40-90 Dam Safety Inspection Reports
  • Every 3 yrs. for a Class C (High) hazard dam
  • Every 5 yrs. for a Class B (Significant) hazard dam.