The General Permitting Process

The City of Lawrence allows building within the floodplain as long as it's not part of the floodway (often the river/stream and direct adjacent land). A Floodplain Development Permit can be issued if the development can prove that it does not increase the base flood elevation (how high the flood is) and does not increase the flood velocity (how fast the flood water moves). The intent and spirit of these rather restrictive regulations was to prevent any further floodplain development in our large watersheds (Kansas River and Wakarusa) after the devastating flood of 1993. To read more about the local permit and how our regulations are being broken by approving this project click here. 

The Clean Water Act (CWA) 404 permit to fill in or dredge waters of the United States (wetlands, rivers, lakes) requires the state to have a certification program stating that the project meets the state water quality requirements (QWR). The certification becomes the standards that the 404 permit must adhere to. This permit requests information from the public and other interested agencies however, is rather feeble in enforcement. The QWR simply states what standards the project COULD violate but if the developer sticks to the plan they should not happen. To read the in-depth process of the state 401 certification click here. The public comment period for this has already passed.

• In order to proceed with the development, the developer needs to fill in and destroy wetlands on site. This requires a 404 permit which is administered by the United States Army Corp of Engineers. The 404 permit explores if there are viable alternatives to the project location and what mitigation. To learn how this process works and what has been done by the public in opposition of this project click here. 

• The developer is attempting to raise the development out of the regulated floodplain to avoid further regulations on building and to maximize profit. To do this, they need a CLOMR from FEMA which effectively removes the structures from the floodplain restrictions. To learn more and understand the City's role in this, click here.