When is a Division of Water Resources (DWR) permit required?
State of Kansas statutes and regulations charge Water Structures in the Division of Water Resources to administer a permit program. Therefore, before planning or starting construction of or change to a water structure, determine whether your project needs a permit.
The Community's floodplain management regulations, limit development allowed in Special Flood Hazard Areas (SFHAs) (the area inundated by a storm that has a 1% chance of flooding in any year). The regulations specify that all new buildings to be constructed in Special Flood Hazard Areas (SFHAs) (regulated floodplains) are required to have their lowest floor elevated one foot above the base flood elevation (BFE). The regulations also specify that substantial improvement of existing buildings or buildings that have sustained substantial damage must be brought into compliance with the requirements for new constructions in Special Flood Hazard Areas (SFHAs).
A Floodplain Development permit is required from the Kansas Department of Agriculture, Division of Water Resources (DWR) AND the Neosho County Floodplain Management office, prior to ANY development.
Development - as defined by FEMA:
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees and levee systems, land clearing (i.e. tree removal), mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment and materials.
Failing to comply with floodplain management regulations can put Neosho County in jeopardy of losing flood insurance, disaster assistance and Federal backed loans and grants for our citizens.