Section
1. General.
(1) Purpose. The
purpose of this administrative regulation is to minimize the loss of lives and
property due to floods. Each state agency undertaking a development activity
within the base flood plains of the state shall comply with this administrative
regulation.
(2) Definitions. Unless
otherwise defined, terms in this administrative regulation shall be interpreted
to give them the meaning they commonly have.
(a) "Addition to an existing building" means
any walled and roofed expansion to the perimeter of a building in which the
addition is connected by a common load-bearing wall other than a fire wall. Any
walled and roofed addition which is connected by a fire wall or is separated by
independent perimeter load-bearing walls is new construction.
(b) "Allowable base flood elevation" means an
increase of no more than one (1) foot in the water surface elevation above the
existing base flood elevation.
(c)
"Area of shallow flooding" means a designated AO Zone on a community's Flood
Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) feet
where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be
evident.
(d) "Base flood" means the
flood having a one (1) percent chance of being equaled or exceeded in any given
year (i.e., 100-year frequency flood).
(e) "Base flood elevation" means the
elevation of the existing base flood.
(f) "Base flood plain" means any land area
susceptible to a base flood.
(g)
"Basement" means that portion of a building having its floor subgrade (below
ground level) on all sides.
(h)
"Building" means any structure built for support, shelter, or enclosure for any
occupancy or storage.
(i)
"Development activity" means any manmade change to improved or unimproved real
estate by a state agency including, but not limited to, the construction of
buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations.
(j) "Elevated building" means a nonbasement
building built to have the lowest floor elevated above the ground level by
means of fill, solid foundation perimeter walls, pilings, columns (posts and
piers), shear walls, or breakaway walls.
(k) "FEMA" means Federal Emergency Management
Agency.
(l) "Flood" or "flooding"
means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
1. The overflow
of inland or tidal waters;
2. The
unusual and rapid accumulation or run-off of surface waters from any
source.
(m) "Flood
Hazard Boundary Map (FHBM)" means an official map of a community, issued by the
Federal Emergency Management Agency, where the boundaries of the areas of
special flood hazard have been defined as Zone A.
(n) "Flood Insurance Rate Map (FIRM)" means
an official map of a community, on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
(o) "Flood insurance study" is the official
report provided by the Federal Emergency Management Agency. The report contains
flood profiles, as well as the Flood Boundary Floodway Map and the water
surface elevation of the base flood.
(p) "Flood proofing" means any combination of
structural and nonstructural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures or their
contents.
(q) "Floodway" means the
channel of a river or other watercourse and the adjacent land areas that shall
be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one (1) foot.
(r) "Floor" means the top surface of an
enclosed area in a building (including basement), i.e., top of slab in concrete
slab construction or top of wood flooring in wood frame construction. The term
does not include the floor of a garage used solely for parking
vehicles.
(s) "Functionally
dependent facility" means a facility which cannot be used for its intended
purpose unless it is located or carried out in close proximity to water, such
as a docking or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding, ship repair, or seafood processing facilities. The
term does not include long-term storage, manufacture, sales, or service
facilities.
(t) "Mean sea level"
means the average height of the sea for all stages of the tide.
(u) "Manufactured home" means a structure,
transportable in one or more sections, which is built on a permanent chassis
and designed to be used with or without a permanent foundation when connected
to the required utilities. It does not include recreational vehicles or travel
trailers. This term also includes park trailers, travel trailers, and similar
transportable structures placed on a site for 180 consecutive days or longer
and intended to be improved property.
(v) "New construction" means facilities for
which the "start of construction" began on or after the effective date of this
administrative regulation.
(w)
"Riverine" means relating to, formed by, or resembling a river (including
tributaries), streams, brooks, etc.
(x) "Secretary" means the Secretary of the
Finance and Administration Cabinet.
(y) "Start of construction" (for other than
new construction or substantial improvements under the Coastal Barrier
Resources Act ( PL 97-348 )), includes substantial improvement, and means the
date on which the work order was issued by the Finance and Administration
Cabinet, provided the actual start of construction, repair, reconstruction, or
improvement was within 180 days from the work order date. The actual start
means the first placement of permanent construction of a structure (including a
manufactured home) on a site, such as the pouring of slabs or footings,
installation of piles, construction of columns, or any work beyond the stage of
excavation or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers or foundations or
the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure.
(z) "State" means Commonwealth of
Kentucky.
(aa) "State agency" means
any state administrative body, department, bureau or division as defined in KRS
Chapter 12, and any institution, commission, board, program cabinet,
instrumentality, independent state authority, office, or other agency of the
state.
(bb) "State facility" means
all structures including, but not limited to, buildings, manufactured homes,
storage tanks, docks, piers, dams, levees, utilities, roads, and bridges,
constructed or placed, and associated land disturbance activities or
state-owned lands.
(cc)
"Substantial improvement" means any repair, reconstruction, or improvement of a
state facility, the cost of which equals or exceeds fifty (50) percent of the
current value of the facility either: before the improvement or repair is
started; or if the facility has been damaged and is being restored, before the
damage occurred. The term does not include: any project for improvement of a
structure to comply with existing state health, sanitary, or safety codes
solely necessary to assure safe living conditions; or any alteration of a
structure listed on the "National Register of Historic Places" or a "State
Inventory of Historic Places."
(dd)
"Water surface elevation" means the projected heights in relation to mean sea
level reached by floods in the flood plains of riverine areas.