Kentucky State Overview

The mission of the Kentucky Division of Water (DOW) is to manage, protect and enhance the quality of the Commonwealth’s water resources for present and future generations through voluntary, regulatory and educational programs. Stormwater runoff (discharge) from Kentucky construction sites is regulated under section 402 of the Clean Water Act (CWA). Section 402 outlines the National Pollutant Discharge Elimination System (NPDES) permitting program. In conjunction with the NPDES, Kentucky enforces a state general permit (Kentucky Pollutant Discharge Elimination System (KPDES) as well. This construction general permit authorizes the discharge of pollutants found in stormwater runoff associated with both large and small construction activities.

            *Large construction activity includes clearing, grading, and excavating resulting in land disturbances equal to or greater than five (5) acres of land or will disturb less than (5) acres of total land area but is part of a larger common plan of development or sale.

            * Small construction activity includes clearing, grading, and excavating resulting in land disturbances equal to or greater than one (1) acre of land but less than (5) acres of land or will disturb less than one (1) acre of total land area but is part of a larger common plan of development or sale. Both Federal and state regulations provide three types of waivers for “small” construction activities to exempt the owner or operator from needing a permit. (To learn more about these waivers visit the Environmental Protection Agency website, Kentucky state page.)

Project site owners or operators whose construction projects involve land disturbing activities that meet the size standards for either large or small construction activities are required to seek coverage under the Kentucky Construction General Permit (CGP).

To learn more about stormwater management check out the Stormwater Management page of this website and enroll in one of our online certificate programs!