Dam Safety - Kentucky Energy and Environment Cabinet

General Information

Through KRS Chapter 151 and associated regulation 401 KAR 4:030, the Dam Safety Section has regulatory authority over dams throughout the state except for dams owned or operated by the US Army Corps of Engineers and dams permitted as part of surface coal mining activities. The section is responsible for conducting regular inspections of existing dams, overseeing remediation of deficient dams, permitting dam construction and modification, and working with local officials and dam owners on emergency preparedness. The section is also responsible for overseeing the inventory of dams owned by the Commonwealth and managing the State-Owned Dam Repair Program.

What is a Dam?

Jurisdictional dams in Kentucky are defined by KRS 151.100 (5) as:

" 'Dam' means any artificial barrier, including appurtenant works, which does or can impound or divert water, and which either:

(a)Is or will be twenty-five (25) feet or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the cabinet; or
(b)Has or will have an impounding capacity at maximum water storage elevation of fifty (50) acre-feet or more;"

Permit to Construct or Modify a Dam

Construction or modification of a dam requires a permit from the Division of Water Dam Safety Program. Construction or modification of a dam without a permit is a violation of state law and can result in enforcement action, including the assessment of civil penalties and partial or complete removal of the structure. KRS 151.250

Written request for a Dam Safety permit review may be submitted using the Dam Safety Permit Application. Permit submittals, including the cover of reports and specifications and each sheet of the design plans, shall bear the date, signature, and seal of a professional engineer as established in KRS 151.293.

To receive a permit, the following information is required for Dam Safety to initiate review (the list is not exhaustive, necessary submittals will vary based on proposed scope of work; contact Dam Safety at kydamsafety@ky.gov for guidance regarding your project requirements):

Aerial map showing drainage area and construction location
Hazard Classification Report
Hydrologic and hydraulic report
Design report
Detailed drawings and specifications
Geotechnical exploration and stability analysis report (High or Significant Hazard dam)
Seismic analysis (High or Significant Hazard dam)
Emergency Action Plan (High or Significant Hazard dam)

Other regulated activities:

Pursuant to KRS 151.310, No person, city, county, or other political subdivision of the state shall encroach on the reservoir area of any dam under the jurisdiction of the Commonwealth, or any of its political subdivisions.
Other approvals may be required by the Division or other regulatory agencies. Please contact the 401 Water Quality Certification Section, Floodplain Management Section and Surface Water Permits Branch for information.

Submitting an application:

The preferred method for submission of permit requests and related documents is through the eForms system. Applicants are required to create an account, log in to access the portal and then select form 213 - Dam Safety Document Submittal from the forms menu. Instructions for assistance using eForms: Account Registration User Guide.
Documents may also be submitted via email to kydamsafety@ky.gov.

Forms & Guidance:

Hazard Potential Classifications

High Hazard - Structures located such that failure may cause loss of life or serious damage to houses, industrial or commercial buildings, important public utilities, main highways or major railroads. This classification must be used if failure would cause probable loss of human life.

Significant Hazard - Structures located such that failure may cause significant damage to property and project operation, but loss of human life is not envisioned.

Low Hazard - Structures located such that failure would cause loss of the structure itself but little or no additional damage to other property.

Learn more about hazard potential classifications:

401 KAR 4:030 Section 3: Kentucky Division of Water Engineering Memorandum #5
FEMA Publication 333: Hazard Potential Classification System for Dams
A General Discussion of Dam Breach Analyses

Ownership Responsibility and Liability

KRS 151.100 (14) defines an owner of a dam as "any person who owns an interest in, controls, or operates a dam."

Dams are owned and operated by individuals, private and public organizations, and the government. The responsibility for maintaining a safe dam rests with the owner. A dam failure resulting in an uncontrolled release of the reservoir can have a devastating effect on persons and property downstream. Safely maintaining a dam is a key element in preventing a failure and limiting the liability that an owner could face. Dams can create a hazardous environment and dangerous hydraulic features. Dam owners need to consider issues with accessibility by the public to the dam and the surrounding area.

Learn more about responsibility and liability:

Dam Inspections & Enforcement

KRS 151.295 requires the Energy & Environment Cabinet to conduct a program of regular inspection of dam and reservoirs within the state. The Division of Water Dam Safety Program is tasked with administering the inspection program. Division staff conduct periodic inspections and compliance reviews of dams under the jurisdiction of the Commonwealth. Inspection Reports are issued to dam owners requiring correction of any identified deficiencies.

Inspection Reports and the conditions attached to them are legally enforceable pursuant to KRS 151.297. Failure to maintain and operate a dam in compliance with the provisions of KRS Chapter 151, 401 KAR 4:030, and the conditions of Cabinet inspection reports may result in enforcement actions.

Optionally, dam owners may hire a qualified professional engineer to conduct inspections and submit an inspection report to the Cabinet. The Cabinet, at its discretion, may accept a private engineers inspection report. Template inpection reports can be found below.

Forms and Guidance:

Emergency Action Plans

An Emergency Action Plan (EAP) is a written document that identifies incidents that can lead to potential emergency conditions at a dam, identifies the areas that can be affected by the less of reservoir and specifies pre-planned actions to be followed to minimize property damage, potential loss of infrastructure and water resource, and potential loss of life because of failure or mis-operation of a dam.

The Division advises all owners of high and significant hazard dams to develop and exercise an up-to-date Emergency Action Plan (EAP) to provide critical guidance to emergency services personnel in the event of an emergency at the dam. For more information on developing a comprehensive EAP, please see FEMA publication 64, Emergency Action Plan Guidelines for Dams.

Forms & Guidance:

State Owned Dam Repair

The Dam Safety Section is also responsible for compliance actions and capital upgrades for dams owned and operated by the Commonwealth of Kentucky. The section manages the State-Owned Dam Repair Program which develops and manages capital construction projects to improve and rehabilitate state-owned dams. Funding is as authorized by the Kentucky General Assembly in each biennial budget bill.

Current Projects