Small Site Disturbance Permit

Area of Disturbance: 2,000 ft² to 0.99 acres

Description: In accordance with the Louisville/Jefferson County Erosion Prevention and Sediment Control Ordinance, land disturbing activities in excess of 2,000 square feet require a Site Disturbance Permit from MSD. Issuance of a Site Disturbance Permit MSD requires the submission of a Detailed EPSC Plan prepared by a Certified Plan Preparer. Projects on properties located within a floodplain, or that potentially impact drainage may require a plan designed by a professional engineer. The land disturbing activity must be undertaken by an On-site responsible person with a current Erosion Prevention and Sediment Control certification.

Construction plans must meet the requirements of the MSD Design Manual and MSD Standard Specifications. A Notice of Construction is also required to identify the on-site person responsible for erosion prevention and sediment control for the project.

Typical projects covered by a Small Site Disturbance Permit include:

  • Construction of commercial developments
  • Construction of multi-family developments
  • Drainage improvement / alteration projects

Minimum Required Submittals:

Additional Considerations:

  • Floodplain: If a project is located within a mapped floodplain (FEMA and/or Local Regulatory), additional permits may be required. To see if your project is located in a mapped floodplain and for additional permitting requirements, click here. Please be sure to turn all floodplain layers on in LOJIC.
    • Structures proposed within a floodplain will be issued a “Foundation Only” permit initially. A “Foundation Only” permit allows the foundation of the structure to be constructed, with a requirement that the specified Lowest Finished Floor elevation be verified. Once MSD receives an Elevation Certificate from a licensed surveyor verifying the elevation requirement was met, MSD can approve “Full Construction” of the proposed structure.

      There are two types of floodplains in Jefferson County, the FEMA floodplain as well as the Local Regulatory Floodplain. All work within the FEMA floodplain requires approval from the Kentucky Division of Water. This includes both interior and exterior work. The typical timeframe for this process is four to six weeks upon receipt of a complete application. At a minimum, a complete application consists of a site plan, Kentucky Division of Water floodplain application, local floodplain application, and an itemized construction estimate (on the restoration company’s letterhead). Approval of work within a local floodplain follows a similar permit process as described above, but does not require Kentucky Division of Water approval.

  • Detention: Stormwater detention may be required depending on numerous factors including but not limited to: watershed conditions, capacity of the downstream stormwater systems, existing drainage issues surrounding the development, etc. The requirement of detention is at the sole discretion of MSD Development and Stormwater Services staff.

    • Regional Facility Fee (RFF): If detention is not required, a Regional Facilities Fee must be paid to account for additional runoff volume created by the proposed development. The fee for the increased runoff from the site is $0.50 per cubic foot. Payment of a RFF, in addition to detention is required in some areas throughout Jefferson County. Please contact MSD’s Development and Stormwater Services Department for more information.

      • Payments for RFF sites that drain directly to the Ohio River should be submitted to the local floodplain coordinator at MSD. The payment submittal should include the name of the project, the MSD Water Management Number, the volume (in acre-feet) being purchased, as well as the approved amount.

      • Please coordinate payment of RFF for all other watersheds with MSD Development and Stormwater Services staff. The payment should include the Name of the project, the MSD Water Management Number, the volume (acre-feet) being purchased, as well as the approved amount.

      • RFFs that are paid to areas outside of MSD’s drainage service area (but within Jefferson County) are subject to the RFF amount plus 20%.

      • RFF calculation

  • MSD Easements: MSD may require the developer of a project to grant MSD a Sanitary Sewer and Drainage Easement on the project site for public sanitary and storm sewer infrastructure and conveyance. For more information about MSD easement requirements please click here.

  • Permits or approvals from other agencies may be required including, but not limited to: Louisville Metro government, Kentucky Transportation Cabinet (KYTC), Louisville Metro Public Health Department, US Army Corps of Engineers (USACE), Kentucky Division of Water (KDOW), cities outside MSD's drainage service area (Shively, Anchorage, St. Matthews, and J-Town), etc.

  • Bonds: All work proposed with existing or proposed Sanitary Sewer and Drainage Easement must be bonded.
     

    • Acceptable Forms of Bond Payment: Certified Check, Letter of Credit, Surety Bond, Cash