FAQ - Water

• A mortgage lender says my house is in a floodplain and I have to buy flood insurance. What should I do?

  Contact your city or county office and ask for the floodplain manager. He or she can verify your floodplain location and give you advice on cost savings flood insurance programs that may be available. Additional information is available in the Floodplain section of this website.

• Do I need a floodplain permit in a Zone X (Future Base Flood) Zone?

  No, you will not be required to obtain a floodplain fill permit from KDA-DWR.

• The bank or insurance company says my house is in a floodplain, but I don't think it is. What should I do?

  The first step would be to look at the flood map with the floodplain manager of your community. Flood maps are also available online: here.

• Does DWR have copies of elevation certificates?

  The floodplain manager for the local community will have the elevation certificates. Contact your City Hall or Courthouse to receive your copy. Older homes will probably not have an elevation certificate.

• Where do I get an elevation certificate for a property that does not already have one?

  You'll probably have to hire a surveyor or an engineer. There are special exemptions for older homes that were built before flood maps existed, which allow a property owner to complete an elevation certificate. In AO Zones and Unnumbered A Zones, a property owner can fill out sections E and F of the elevation certificate without a survey.

• 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.

• I looked at the map, and the floodplain just barely touches the property but is not close to the house. What should I do?

  Take a copy of the map to the bank and explain there is dispute over the flood zone determination. Ask that it be rechecked.

• The flood map does not have base flood elevations on it. How do I determine a base flood elevation?

  Contact DWR for assistance. DWR can be contacted at: (785) 564-6640.

• A mortgage lender says my house is in a floodplain, and I have to buy flood insurance. What should I do?

  Contact your city or county office and ask for the floodplain manager. He or she can verify your floodplain location and give you advice on cost savings flood insurance programs that may be available. Additional information is available in the Floodplain section of this website.

• Where do I buy flood insurance? Do I buy it from the Division of Water Resources?

  Visit http://www.floodsmart.gov/floodsmart and type in your address to find an agent.

• How can I find out if my home or business is in a floodplain?

  Contact your local planning department or check flood maps from the Federal Emergency Management Agency.

• What are my options if my home or business is in a floodplain?

  If your community participates in the National Flood Insurance Program, you will be required to purchase flood insurance if your home or business is in the 1 percent chance floodplain (also known as the 100 year floodplain). You will also be required to purchase flood insurance if you have a mortgage from a federally insured financial institution. Flood mitigation options may be available to protect or minimize the chance of flood damage to your structure. Contact your local planning department or DWR's floodplain management unit for more information.

• Do I need a permit?

  Follow this link to begin answering your questions.

• What dams require a permit under state law?

  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: (1) Class A: or low hazard; (2) Class B: or significant hazard; (3) 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.

• How do I apply for approval to construct or modify a dam, stream modification or floodplain fill?

  Application forms and associated requirements are described on our website: here.

• How do I determine mean annual flow?

  The mean annual flow can be determined here.

• Where can I find aerials, elevation data (LIDAR), etc.?

  A good place to start is State of Kansas GIS Data Access and Support Center (DASC).

• Who owns a stream or river?

  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.
  
  Click here for more information about Kansas streams and rivers.