Flood Permitting

To build, develop, or repair in a floodplain, both the Kentucky Division of Water (KDOW) and MSD require permits. Download the Kentucky and MSD floodplain permits here: 

 

Other types of permits, such as a permit from the US Army Corps of Engineers or a water quality certification from DOW may also be required, in addition to other permits from MSD.  

 

Do I need a Floodplain Permit? 

The Louisville Metro Floodplain Ordinance requires development within the floodplain and along intermittent and perennial streams to be permitted.  Answer the questions below to learn more about the floodplain requirements for your project.

Is your project located in the local regulatory floodplain?
 Not sure?  Go to https://www.lojic.org/lojic-online to check.  
Are you working in a perennial or intermittent stream or within 25’ from the top of bank of a perennial or intermittent stream?
My project is in a perennial or intermittent stream or within 25’ from the top of bank of a perennial or intermittent stream.
My project is NOT in a perennial or intermittent stream or within 25’ from the top of bank of a perennial or intermittent stream.
  To check, go to https://www.lojic.org/lojic-online.  
What type of project are you proposing?
(Proposed work is within limits of existing building)
Pool, patio, retaining wall, fence, grading, etc.
Are you proposing a principal structure or an accessory structure (i.e. detached garage, shed, barn)?
A walled and roofed structure built for uses other than those outlined in the definition of accessory structure.
A structure located on the same parcel of property as the principal structure, the use of which is incidental to the use of the principal structure. Accessory structures shall constitute a minimal initial investment of no more than 10% of the market value of the principal structure, shall not be used for human occupancy, and shall be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds.
Is the cost of the renovation or repair more than 50% of the market value of the structure being renovated or repaired?

RENOVATION/REPAIR COST:  To determine the cost of the renovation/repair, fair market values for the materials and labor on contractor’s letterhead must be included, even if labor or materials are donated.  An itemized estimate of costs for materials and labor on contractor’s letterhead is required.

MARKET VALUE: The value of the structure does not include land value.  The value is defined as the appraised value of the structure determined by a certified general real property appraiser licensed and certified by the Kentucky Real Estate Appraisers Board or lacking that, the current assessment of the structure shown by the Property Valuation Administrator of Jefferson County, prior to the start of the addition, repair or improvement, or in the case of damage, prior to the damage's occurrence.

Are you renovating/repairing a principal structure or an accessory structure (i.e. detached garage, shed, barn)?
A walled and roofed structure built for uses other than those outlined in the definition of accessory structure.
A structure located on the same parcel of property as the principal structure, the use of which is incidental to the use of the principal structure. Accessory structures shall constitute a minimal initial investment of no more than 10% of the market value of the principal structure, shall not be used for human occupancy, and shall be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds.
Is the cost of the addition more than 50% of the market value of the structure?

CONSTRUCTION COST:  To determine the construction cost, fair market values for the materials and labor on contractor’s letterhead must be included, even if labor or materials are donated.  An itemized estimate of costs for materials and labor on contractor’s letterhead is required.

MARKET VALUE: The value of the structure does not include land value.  The value is defined as the appraised value of the structure determined by a certified general real property appraiser licensed and certified by the Kentucky Real Estate Appraisers Board or lacking that, the current assessment of the structure shown by the Property Valuation Administrator of Jefferson County, prior to the start of the addition, repair or improvement, or in the case of damage, prior to the damage's occurrence.

Are you adding an addition to a principal structure or an accessory structure (i.e. detached garage, shed, barn)?
A walled and roofed structure built for uses other than those outlined in the definition of accessory structure.
A structure located on the same parcel of property as the principal structure, the use of which is incidental to the use of the principal structure. Accessory structures shall constitute a minimal initial investment of no more than 10% of the market value of the principal structure, shall not be used for human occupancy, and shall be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds.
Is the cost of the deck or porch more than 50% of the market value of the structure?

CONSTRUCTION COST:  To determine the construction cost, fair market values for the materials and labor on contractor’s letterhead must be included, even if labor or materials are donated.  An itemized estimate of costs for materials and labor on contractor’s letterhead is required.

MARKET VALUE: The value of the structure does not include land value.  The value is defined as the appraised value of the structure determined by a certified general real property appraiser licensed and certified by the Kentucky Real Estate Appraisers Board or lacking that, the current assessment of the structure shown by the Property Valuation Administrator of Jefferson County, prior to the start of the addition, repair or improvement, or in the case of damage, prior to the damage's occurrence.

 

 

Please note a $1,000 elevation certificate bond is required for new buildings and additions prior to floodplain permit issuance and will be returned once the final elevation certificate is approved by MSD.  Bond can be a certified check, letter of credit, or cash.  

New buildings and additions will initially receive foundation only approval.  Once the foundation is constructed, an elevation certificate must be completed by a licensed surveyor, professional engineer, or architect in the State of Kentucky to certify the first floor is elevated or floodproofed.  Once the first floor is certified, full construction approval is issued.

Once construction is complete, a finished elevation certificate is submitted to MSD to certify the lowest floor and electrical/mechanical equipment are elevated or floodproofed to the required elevation.  
When the finished construction elevation certificate is completed, submit the elevation certificate to MSD’s Floodplain Department at FloodPermits@louisvillemsd.org.  Once the elevation certificate is reviewed and approved, the elevation certificate bond will be released and funds will be returned to the remitter.