Dam Owner Responsibility

The owner of the land upon which a dam and appurtenant works are constructed is considered the owner of the dam, unless an easement authorizes another person or entity to construct and maintain the dam. The dam owner is responsible for obtaining all necessary local, state and federal permits prior to construction or modification of the dam. The dam owner also is responsible for periodic inspections and any repairs or improvements needed to maintain the dam as permitted.

State Law and Adopted Regulations

Kansas state law requires the Chief Engineer to regulate the construction, operation and maintenance of any dam that 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. The Kansas Legislature changed the definition of a dam in 2013 and made other changes outlined in this guidance document. The Chief Engineer adopted regulations establishing requirements for dam permits, periodic inspections and emergency action plans. Smaller impoundments that do not meet the statutory definition of a dam may still be regulated as a stream obstruction, depending on the watershed area.

Statutes

• House Bill 2363 Addendum (Covers K.S.A. 24-126 & K.S.A. 82a- 301 to 328)
  
• K.S.A. 12-766 Floodplain Zoning
• K.S.A. 24-126 The Levee Law
• K.S.A. 82a- 301 to 328 Obstructions in Streams

Regulations

• K.A.R. 5-40 Design of Earth Dams
• K.A.R. 5-41 Design of Channel Changes
• K.A.R. 5-42 Design of Stream Obstructions
• K.A.R. 5-43 Sand Dredging Permits
• K.A.R. 5-44 Floodplain Management
• K.A.R. 5-45 Design of Levees
• K.A.R. 5-46 General Permits

Permit Applications

An approved permit must be obtained from the Chief Engineer prior to construction or modification of a dam. Each application for permit must be accompanied by maps, plans, specifications, a design report, the required permit fee and a completed application form. Additional information may be required on a case-by-case basis. Dam permit application fees are $200.

Permit application forms are available at the links below:

• Application form 2-200 (use for every project)
• Combined Water Structure & Water Appropriation Application form 6-102 

Also see Dam Safety Inspection Report Requirements and Guidelines to assist in application submission and dam-permit-requirements for general information.

Other Permits

Additional permits may be required, including but not limited to:

• 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)
• Local community- Provides a list of participating communities with their floodplain administrator and their email address and/or phone number.

Contact

Kansas Department of Agriculture
Division of Water Resources
Terry Medley, P.E.
1320 Research Park Drive
Manhattan, Kansas 66502
785-564-6650 Voicemail
785-564-6779 Fax
kda.waterstructures@ks.gov

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