Storm Water Information for Developers and Engineers

Storm Water Rules and Regulations


As Northern Kentucky’s regional storm water utility, SD1 has developed Storm Water Rules and Regulations to ensure proper management of storm water runoff quantity and quality impacts. The Rules and Regulations also contain requirements necessary to meet the U.S. EPA’s Phase II Storm Water Permit regulations. SD1’s Storm Water Rules and Regulations apply to land-disturbing activities, such as construction work, within SD1’s storm water service area. To view the Storm Water Rules and Regulations, click here.

Land Disturbance Permits

SD1 requires a permit to be obtained for construction work or other land disturbance activities within SD1’s storm water service area to control erosion and sediment pollution as outlined in SD1’s Storm Water Rules and Regulations.
  • Clearing Permit: A Clearing Permit is required for clearing activities on a property that include the stripping and cutting of trees and ground cover and the removal of roots and vegetation. The Clearing Permit does not include any earth moving activities, including rough shaping of the site. A Clearing Permit will not be required if the property owner/applicant has received a Grading or Land Disturbance Permit for the same property. Click here to download the Clearing Permit Application.
  • Grading Permit: A Grading Permit is required for grading activities on a property, including excavation, filling, stockpiling or other earth-moving activities. The Grading Permit includes activities covered by a Clearing Permit. The Grading Permit may include the construction of sanitary sewers and other utility infrastructure (water, gas, electric, etc.). Click here to download the Grading Permit Application.
  • Land Disturbance Permit: A Land Disturbance Permit is required for any alteration of the earth's surface for which the applicant has not received a Clearing or Grading Permit, including the installation of any storm sewer systems (storm sewer structures and pipes, detention ponds, etc.). The Land Disturbance Permit includes activities covered by a Clearing and Grading Permit if the applicant did not obtain a separate Clearing or Grading Permit. Click here to download the Land Disturbance Permit Application.
  • Transfer of Permits: To transfer any permit for land disturbance activities, a Transfer Request must be completed and submitted to SD1 for approval. The request form must be completed by the approved permit holder and the person accepting the responsibilities and obligations of the permit. Click here to download the Transfer Request Form.
  • Notice of Termination: Once a site has been stabilized as required by SD1’s Storm Water Rules and Regulations, a Notice of Termination should be submitted to SD1 to terminate any open permits associated with land disturbance activities for the site. Click here to download the Notice of Termination Form.

Storm Water BMP Manual

The Storm Water Best Management Practices (BMP) Manual is designed to be a useful tool for guiding engineers and developers on acceptable methods to meet the post-construction storm water requirements found in SD1’s Storm Water Rules and Regulations. The manual provides guidance on designing appropriate BMPs for specific construction projects and information on storm water management. Click here to download SD1’s Storm Water BMP Manual.

Post-Construction Storm Water Facility Maintenance Agreement

The Phase II Storm Water Regulations require SD1 and owners of new development and redevelopment projects to enter into long-term maintenance agreements for post-construction BMPs. This agreement ensures the post-construction BMP will continue to function properly over time. One original executed agreements must be submitted with the Land Disturbance Permit application for approval. 

Click here to download the Storm Water Facility Maintenance Agreement for private entities and public entities outside the Commonwealth of Kentucky.

Post-Construction BMP Installation Certification

The Post-Construction Best Management Practice (BMP) Installation Certification must be completed by the contractor during the construction and installation of post-construction BMPs to ensure BMPs are constructed in accordance with the approved design plans. This is a requirement of the Phase II Storm Water Regulations and is outlined in SD1’s Storm Water Rules and Regulations. Click here to download the Post-Construction BMP Installation Certification.

Storm Water Credit Policy

SD1 has established a policy and procedure for providing credits toward the storm water fee for non-residential properties. It is SD1’s intent to encourage businesses to utilize practices and educational programs to reduce the impact of development on the storm sewer system and water quality through a simple and effective credit system. Credits may be granted for the following categories:  water quality, water quantity, discharge to major waterway, education or zero discharge. Click here to download the Storm Water Credit Policy or here to download the Storm Water Credit Policy Application.

Off-Site Mitigation and Payment-in-Lieu Policy

SD1 has developed a policy for providing off-site mitigation and payment-in-lieu for those development projects that cannot meet the post-construction requirements for water quality controls in the separate storm sewer system and volume reduction controls in the combined sewer system. The off-site mitigation or payment-in-lieu option is available for the following situations:
  1. The developer cannot meet the post-construction regulations due to site restrictions or unreasonable financial burden; or 
  2. The developer identifies an off-site control that is more beneficial or effective than the site-level control that would be required by the post-construction storm water regulations.
Off-site mitigation will be the first considered alternative if the developer/owner demonstrates that the post-construction storm water regulations cannot feasibly be met onsite. Developers/owners are only eligible for the payment-in-lieu if the developer/owner can prove that off-site mitigation is infeasible. Click here for a copy of SD1's Off-Site Mitigation and Payment-in-Lieu Policy.
  
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