24-126. Unlawful to construct fills and levees without prior approval of chief engineer, penalty; plans for levee, contents; approval of levee plans, considerations; fees; injunctions; rules and regul
24-126
24-126. Unlawful to construct fills and leveeswithout prior approval of chief engineer, penalty; plans for levee, contents;approval of levee plans, considerations; fees; injunctions; rules andregulations.(a) It shall be unlawful for any person, corporation, drainage or leveedistrict, county, city or township, without first obtaining the approval ofplans for the same by the chief engineer of the division of water resources, toconstruct, cause to be constructed, maintain or cause to be maintained, anylevee or other such improvement on, along or near any stream of this statewhich is subject to floods, freshets or overflows, so as to control, regulateor otherwise change the flood waters of such stream. Any person, corporation,county, city, township or district violating any provision of this act shall bedeemed guilty of a misdemeanor, and upon conviction shall be punished by a fineof not less than $100 nor more than $1,000, or by imprisonment in the countyjail for a period of not more than one year, or by both such fine andimprisonment. Each day any structure is maintained or caused to be maintainedshall constitute a separate offense.
(b) Subject to the provisions of subsection (e), planssubmitted forapproval shall include maps, profiles, cross sections, data and information asto the effect upon upstream and downstream areas resulting from the proposedlevee or other such improvement, the required fee as provided in subsection(c) and such other data and information as thechief engineer of the division of water resources may require.
(c) (1) Fill and levee approval fees shall be as follows:
(2) The construction in progress fee shall be applicable for projectswhere construction began prior to approval by the chief engineer. Such feeshall be in addition to any other penalty under law for unapproved fill orlevee construction. Projects that require approval under both this act andobstructions in streams act, K.S.A. 82a-301 et seq., and amendmentsthereto, shall be required to pay only the greater of the two fees when seekingapproval from the chief engineer. (d) If the chiefengineer finds from an examination of such plans and pertinent information thatthe construction of the proposed levee or other such improvement is feasibleand not adverse to the public interest, the chief engineer shall approve theproposed levee or other such improvement. In determiningwhether or not the construction of any proposed levee orother such improvement designed so as to reduce flood risks to a chance ofoccurrence in any one year of 1% or less is adverse to the public interest, thechief engineer shall consider the following: (1) The effect upon areasdownstream or upstream as a result of the construction of such proposed leveeor other such improvement; and (2) the effect of the proposed levee or othersuch improvement and any other existing or proposed levees or other suchimprovements upon downstream and upstream areas. In the event any such levee orother such improvement is about to be constructed, is constructed or maintainedby any person, corporation, county, city, township or district without approvalof plans by the chief engineer, it shall be the duty of the attorney general,to file suit in a court of competent jurisdiction, to enjoin the constructionor maintenance of such levee or other such improvement. (e) For fills other than levees located in the floodwayfringe within aparticipating community as defined and identified in the national floodinsurance act, all required data and information shall be specified by rulesand regulations adopted by the chief engineer. Within 90 days of receipt ofplans and such data and information as required by the chief engineer for fillsother than levees located in the floodway fringe within a participatingcommunity as defined and identified by the national flood insurance act, thechief engineer shall approve or disapprove the plans for such fills. If thechief engineer fails to approve or disapprove a plan within the90-dayperiod required by this section, such plan shall be deemed approved. The chiefengineer shall provide, in writing, specific reasons for any disapproval whichshall include any hydrologic and hydraulic analyses or other data upon whichsuch disapproval is based. (f) Prior to the adoption of a general plan of drainage andfloodprotection, as provided in K.S.A. 24-901, and amendments thereto, and thecommencement of construction in carrying such plan into effect, the chiefengineer of the division of water resources may give temporary approval for therepair and maintenance of any levee or other drainage work in existence on May28, 1929; but such approval for such temporary repair and maintenance shall bewithout prejudice to withdrawal of such approval when a general plan shall beadopted. Nothing contained in this section shall apply to any drainage districtheretofore organized under K.S.A. 24-401 et seq., and amendmentsthereto,and having property of an assessed valuation of $50,000,000 ormore. (g) The chief engineer shall adopt such rules andregulations deemednecessary to administer and enforce the provisions of this section. (h) All fees collected by the chief engineer pursuant to this sectionshall be remitted to the state treasurer as provided inK.S.A. 2009 Supp.82a-328, and amendments thereto. History: L. 1929, ch. 176, § 71;L. 1951, ch. 261, § 2;L. 1981, ch. 397, § 1;L. 1991, ch. 56, § 27;L. 2002, ch. 138, § 1; July 1. Type Pre- Construction Construction In Progress Major (Fill in defined floodway class Clevee) $500 $1000 Moderate (Fill in flood plain without defined floodway classBlevee) $300 $600 Minor (Fill in floodway fringe class A levee) $100 $200