Kan. Admin. Regs. § 5-45-14 - Levees and floodplain fills; hydrologic and hydraulic analysis
Current through Register Vol. 40, No. 39, September 30, 2021
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5-45-14. Levees and floodplain fills; hydrologic and hydraulic analysis. (a) The applicant shall submit a hydrologic and hydraulic analysis for every levee and floodplain fill project except floodway fringe fill projects and those levee projects and floodplain fill projects not identified in K.A.R. 5-45-4(b). The hydrologic and hydraulic analysis shall include the design and base floods for main streams, tributary streams, and local drainage, describing the existing and proposed conditions with the application and plans.
(b) The effect of a proposed levee or floodplain fill shall be calculated by the technique of equal conveyance reduction, except as provided in subsections (c) and (d), unless it meets either of the following criteria:
(1) The applicant demonstrates that the applicant has obtained legal authorization from any landowner whose land is unreasonably hydraulically affected by a greater encroachment toward the channel.
(2) The following conditions are met:
(A) The owner of the undeveloped, unplatted land that will be hydraulically affected by an increase in the elevation of the base flood profile of more than one foot by a federal or state cost-shared roadfill, bridge, or culvert project has been notified of the proposed hydraulic effects by the chief engineer.
(B) The owner has failed to object within the time limit set forth in the notice.
(C) The chief engineer determines that the increase will not be likely to materially damage the private or public property.
(c) For a class A or class B levee, the effect of the proposed levee on the design flood profile shall be evaluated with the assumption that an equal setback levee is in place on the opposite side of the stream.
(d) For a class C levee, the effect of the proposed levee on the design flood profile shall be calculated by the technique of equal conveyance reduction from the outer floodplain limits outside the channel, unless the applicant demonstrates that the applicant has obtained legal authorization from all landowners whose land would be unreasonably hydraulically affected by a greater encroachment toward the channel. (Authorized by and implementing K.S.A. 24-126; effective, T-5-12-30-91, Jan. 1, 1992; effective April 27, 1992; amended Sept. 22, 2000.)