Erosion and Sediment Control
In order to comply with Federal and State Regulations, Johnson County has adopted Resolution Number 068-08. Effective January 1, 2009, this resolution requires those engaging in land disturbing activities to obtain a Johnson County Land Disturbance Permit and implement erosion and sediment control measures.
What is a Land Disturbing Activity?
Land Disturbing Activity means any activity that changes the physical conditions of land form, vegetation and hydrology, creates bare soil, or otherwise may cause erosion or sedimentation. Such activities include, but are not limited to, clearing of land, removal of vegetation, stripping, grading, grubbing (uprooting vegetation, trees), excavating, filling, logging and storing of materials.
This page is a summary of the Erosion and Sediment Control (ESC) Requirements for unincorporated Johnson County and is intended for use by Developers, Project Designers, Plan Reviewers, Contractors, and Inspectors to aid in development and implementation of effective erosion and sediment controls and Stormwater Pollution Prevention Plans (SWP2). Questions regarding this information should be directed to the Johnson County Public Works Department at 913-715-8300.
Requirements for Land Disturbing Activities
Section 1: Disturbing less than one acre
If you are planning to undertake a project that will disturb less than one acre, you can satisfy the County requirements by following the “Erosion and Sediment Control Standards for Building Construction that Disturbs Less Than One Acre for the Unincorporated Area of Johnson County”. You must also submit a form that describes the proposed work and certifies that the total land disturbance is less than one acre.
Section 2: Disturbing one acre or more
If you are planning to undertake a project that will disturb one acre or more, you must apply for a Land Disturbance (LD) permit from Johnson County. The permit fee is $250 for plan review and inspections.
Additionally, a performance surety is required to provide the County assurances that the requirements of this regulation are installed in a timely and workmanlike manner. The primary requirement of the Johnson County Land Disturbance Permit is for the permittee to develop and implement a Stormwater Pollution Prevention (SWP2) plan.
When the land disturbing activity is completed and final stabilization of the site is achieved, the permittee must submit a certificate of completion to Johnson County to terminate the permit.
- Regulation - For projects that disturb equal to or greater than one acre in Unincorporated Johnson County
Section 3: Permit requirements, applications and forms
- Johnson County Land Disturbance Permit Application - Application must be submitted at least 60 days before starting construction. Land Disturbance Permit fee is $250.
Forms required PRIOR to permit issuance:
- Land Disturbance Permit - Owner Authorization (developer built projects)
- Land Disturbance Permit – Utility Authorization (utility built/funded projects only)
Forms required PRIOR to terminate permit:
- Certificate of Completion (Application to Terminate Permit)
Section 4: Design criteria and specifications
- APWA Design Criteria Section 5100 – Erosion and Sediment Control
- APWA Division II Construction and Material Specifications Section 2150 Erosion and Sediment Control
Section 5: Construction and inspections
Permitees are required to maintain a copy of the SWP2 Plan on the job at all time. The SWP2 Plan is intended to be a living document, with changes shown as work proceeds. In addition, the permit holder must inspect the site at least once per week and within 24 hours of a ½-inch rainfall event. Inspections must be performed by a "Qualified Erosion Control Specialist." A "Qualified Erosion Control Specialist” means a person qualified to perform inspections of Erosion and Sediment Control measures. Qualified personnel includes a Professional Engineer licensed in the state of Kansas or anyone who has obtained one of the following certifications:
- Johnson County Certified Erosion Control Inspector through Contractor Licensing Department (current List of Johnson County Certified Inspectors)
- CCIS through Stormwater USA, LLC
- CISEC through CISEC, Inc
- CESSWI through EnviroCert International, Inc
Other equivalent qualifications may be approved in writing by the Director as part of an approved Stormwater Pollution Prevention Plan or Erosion and Sediment Control Plan.
These documents are intended to provide guidance to the permit holder for self-inspections and maintaining a SWP2 Plan. They may not meet all the requirements of Johnson County, the EPA and/or Kansas Department of Health and Environment. Failure to maintain the SWP2 Plan and inspect the site are among the most common violations cited from EPA or KDHE investigations.
- Template for SWP2 Plan and Inspection Forms (Excel)
- Erosion Control Inspection Checklist and Forms
Section 6: Useful Links
- Stormwatch - Johnson County Rain Gauge Network
- ESC Fact Sheet - EPA NPDES Phase II Requirements
- Protecting Water Quality - Field Guide to Erosion and Sediment Control in Kansas and Missouri
- Construction SWPPP Guide - EPA Stormwater Management for Construction Activities
- International Erosion Control Association - An organization for erosion control professionals
Section 7: State Regulations
In addition to applying for a Johnson County Land Disturbance Permit owners or operators of any project or combination of projects who engage in activities which will disturb one (1) or more acres of land must also obtain a Kansas Department of Health and Environment (KDHE) construction stormwater general permit.
- State of Kansas Regulations: General Permit Requirements
KDHE Construction Stormwater General Permit Application
Application to the State is made by submitting a KDHE Notice of Intent (NOI) form at least 60 days before starting construction. The permit fee for this general permit for stormwater runoff from construction activity is $60 per year.
Section 8: City Regulations
What Are Your City's Regulations?
The regulations above only pertain to the unincorporated area of Johnson County, Kansas. If you live within a City of Johnson County, contact your city to learn more about their regulations.