Stream and Floodplain Permits

State of Kansas statutes and regulations charge Water Structures in the Division of Water Resources to administer a permit program.

KSA 12-766 Floodplain zoning
KSA 24-126 Regulation of floodplain fills and levees
KSA 82a Article 3 Obstructions in streams regulations
KAR 5-40 Design of earth dams
KAR 5-41 Design of channel changes
KAR 5-42 Design of stream obstructions
KAR 5-43 Sand dredging permits
KAR 5-44 Floodplain management
KAR 5-45 Design of levees
KAR 5-46 General permits

Permits are required if the project involves:

  • Construction, modification or repair of a dam that is 25 feet or more in height, or 6 feet or more in height with the ability to store 50 acre-feet or more of water at the auxiliary spillway crest (see Dam Safety permit requirements for exceptions)
  • Construction, modification or repair of a stream obstruction in a designated stream such as a bridge, culvert, low-water crossing, boat ramp, pipeline crossing, non-jurisdictional dam or other obstruction except for stream obstruction projects (other than dams) that are more than 300 feet from other property lines, not located in an incorporated area, and on a stream with less than 5 square miles of drainage area; or if a project is limited to a land area measuring less than 25 feet along the stream length, obstructs less than 5 percent of the channel cross section, and is floodplain fill outside the channel that does not exceed 1 foot in depth.
  • Construction or repair of a channel change in a designated stream
  • Excavation or dredging within the bank lines of a designated stream
  • Construction, modification or repair of a regulated levee within the floodplain of a designated stream or FEMA-designated floodplain
  • Placement of a regulated floodplain fill within the floodplain of a designated stream or FEMA-designated floodplain

 

In Kansas, a designated stream is any watercourse that has or has had a well-defined bed and well-defined banks and that has a watershed exceeding the allowable acreage indicated on the chart. If you are planning to alter a stream in your zone that has drainage area greater than allowable amounts, contact the Water Structures Program, 1320 Research Park Drive, Manhattan, KS 66502, 785-564-6654. Also see When Is a DWR Permit Required?

Other permits may be required, including but not limited to a permit to Appropriate Water from the DWR Water Appropriation Program, construction permits from county and local government, Corps of Engineers Clean Water Act permit, Kansas Department of Health and Environment permit for Storm water Run-Off and Threatened and Endangered Species permit from Department of Kansas Wildlife Parks and Tourism.

Application for Permit of a Stream Obstruction, Floodplain Fill and Levee
  Application for 2-200 Permit - Dams, Stream Obstructions,Channel Changes,Floodplain Fill, and Levees
(incorporates Application DWR 2-100, DWR 3-100.1 and Supplement 2-102)
General Permit Worksheet -Bridge or Culvert Replacement or Pipeline or Buried Cable Crossing Project
(DWR 2-190 & 2-196)

To Pay by credit card - please complete this form and send it directly to DWR along with the application, and required plans

Credit Card Fillable Form