Anyone proposing to conduct activities that result in physical disturbances to wetlands or streams may need a Water Quality Certification (WQC) to ensure Kentucky Water Quality Standards will not be violated. This site contains information about obtaining a WQC and other program requirements.
About Section 401
Applying for Certification
*NEW*
The Kentucky Division of Water announces the release of the state Stream and Wetland Conservation Plan survey results. With funding from the U.S. Environmental Protection Agency (EPA), Dr. Stephanie McSpirit of Eastern Kentucky University was contracted to design the survey and get input from various stakeholders. Over 800 stakeholders were surveyed and included environmental professionals, federal and state regulators, farmers, homeowners, coal industry representatives, stream restoration engineers, foresters and sportsmen.
Survey respondents provided their views and insights across the following subjects:
-
Current regulatory and mitigation effects.
-
"Serious impacts" to Kentucky's stream and wetland resources.
-
Current education, outreach and research efforts.
-
"No net loss" of Kentucky's streams and wetlands.
Click on the links below for the final report Kentucky Streams and Wetlands Conservation and Restoration Plan.
Title - Planning Framework
Section 1- Project Design and Methodologies
Section 2 - Setting Statewide Goals
Section 3 - Current Regulatory Efforts
Section 4 - Major Impacts and Challenges
Section 5 - Education, Outreach and Research
Section 6 - Strategic Planning and Action
Fees are charged for processing Individual Water Quality Certifications (401 KAR 9:020 Section 401 Water Quality Certification fees and certification timetable).
Download the Water Quality Certification Fee Payment form.
(Personal residences and agricultural operations are exempt from the processing fees.)
FEE STRUCTURE
Stream impact greater than 500 linear feet and less than 1,000 feet -- $1,000
Stream impact 1,000 to 5,000 linear feet -- $2,500
Stream impact greater than 5,000 linear feet -- $5,000
Wetland impacts -- $500 per acre, not to exceed $5,000
General Permits
Water Quality Certification for Surface Coal Mining Operations
The Department for Natural Resources reviews applications for Clean Water Act Section 401 Water Quality Certification (401 WQC) associated with activities related to surface coal mining operations. Examples include, but are not limited to, surface coal mining operations, improvements to local roads for the purposes of hauling coal, restoration of abandoned mine lands, and off-site stream or wetland restoration activities intended solely to off-set impacts resulting from surface coal mine activities. Please see the Department for Natural Resources Web site for further information on this new process.
Working in Streams
Working in Wetlands
Other WQC Section Pages
Other Contacts
This page contains links and information about government and consulting contacts that may be of interest to applicants for 401 Water Quality Certifications.
Contact Us
This page contains a listing of Water Quality Certification Section staff members.
General Information
Projects that involve the discharge of dredged or fill materials into waters of the United States, including wetlands, are regulated by the U.S. Army Corps of Engineers under Clean Water Act Section 404 and require Section 401 certification. Examples of activities that may require a Section 404 permit include road crossings, culverts, bank stabilization and utility line crossings.
Public notices issued by the Kentucky Division of Water.