SWPPP Requirements in Kentucky

Who needs a SWPPP in Kentucky?

Any construction project that disturbs one acre or more — or is part of a larger common plan of development reaching one acre — needs a SWPPP under Kentucky permit KYR100000.

Kentucky runs its own delegated stormwater program. Operators obtain coverage from DOW under KPDES General Permit for Stormwater Discharges Associated with Construction Activities (KYR10) (KYR100000), not directly from the EPA. A small subdivision, a solar pad, and a road-widening project all clear the same one-acre line.

Kentucky adds requirements worth flagging early: Submit the electronic NOI-SWCA at least 7 days before construction begins; discharge is authorized only by DOW’s written coverage letter (KYR100000 Sections 3.2–3.3); Post a notice of permit coverage visible from the nearest public road, with the KPDES permit number, a contact name and phone number for a copy of the SWPPP, and how to contact DOW about observed pollution (KYR100000 Section 2.1); Inspection personnel must have stormwater construction management training such as KEPSC, CEPSC, CPSWQ, TNEPSC, or CESSWI (KYR100000 Section 2.2.7.3); Show karst features (sinkholes, springs) and waters of the Commonwealth, including wetlands and riparian zones, on the site map (KYR100000 Section 2.2.2); Design controls for storm events up to and including the 2-year, 24-hour event; the goal is 80% removal of total suspended solids above predevelopment levels (KYR100000 Section 2.2); In critical areas, apply erosion prevention measures within 24 hours, or as soon as practical, after disturbance or grading is completed or activity stops (KYR100000 Section 2.3); Coverage terminates automatically two years after authorization unless a Notice of Termination is filed first or a new NOI-SWCA extends it (KYR100000 Section 5.2).

What the plan must contain

A Kentucky SWPPPis the site's compliance binder — the document an inspector opens first. It documents:

1. 1Site & project descriptionTotal and disturbed acreage, soils, slopes, and the sequence of construction.
2. 2Receiving waters & discharge pointsWhere stormwater leaves the site and the waterbodies it reaches.
3. 3Erosion & sediment control BMPsSilt fence, stabilized entrances, inlet protection, and stabilization measures.
4. 4Inspection schedule & recordsDated, signed inspection logs and the corrective actions taken.
5. 5Operator certificationThe SWPPP is signed by the legally responsible party before work begins.

Required and conditional BMPs

Filing your Notice of Intent

Submit the electronic Notice of Intent (Form NOI-SWCA) through the DEP eForms system at least 7 days before construction begins; coverage starts when DOW emails the coverage letter. Paper NOIs are not accepted.

A Notice of Termination closes coverage once the site reaches final stabilization. Keeping the SWPPP and its inspection records on site is what keeps a project clear of stop-work orders.

Inspection requirements

The permit allows 2 inspection schedules; the operator follows one and records the choice in this plan: (a) 7-day schedule — inspect at least once every 7 calendar days (KYR100000 Section 2.2.7.1.a); or (b) 14-day schedule with storm inspections — inspect at least once every 14 calendar days and within 24 hours after a storm producing 0.5 inch of rain or more (KYR100000 Section 2.2.7.1.b). Areas that have undergone temporary or final stabilization are inspected at least once a month until final stabilization is achieved and coverage is terminated (KYR100000 Section 2.2.7.2); DOW recommends a walk-through inspection before anticipated storm events. Every inspection is dated and signed, and any failed control is corrected before the next storm.

How Kentucky differs from the federal permit

Because Kentucky administers its own program, the federal EPA Construction General Permit does not apply directly here — the state permit governs. Sites inside a regulated municipal storm sewer system may carry additional local ordinance requirements on top of the state permit.

Frequently asked questions