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Lawrence outlines new land‑disturbance permit and review process tied to stormwater rules
Summary
City environmental staff presented a new land‑disturbance permit that took effect April 1, 2025, explaining submission requirements, exemptions and inspection procedures intended to help the city comply with its MS4 stormwater permit from the Kansas Department of Health and Environment.
The City of Lawrence presented details July 14 on a new land‑disturbance permit that became effective April 1, 2025, and explained how the requirement ties into the city’s federal/state stormwater obligations.
John (Jonathan) Gutierrez, the city’s environmental manager, told the Connected City Advisory Board the permit is intended to support the city’s municipal separate storm sewer system (MS4) program and to reduce sediment and other pollutants leaving construction and large earth‑disturbance sites. Gutierrez said the change implements erosion‑and‑sediment controls and requires certain applicants to submit an erosion and sediment control plan and, for larger sites, a stormwater pollution prevention plan (SWPPP).
“As Trevor indicated, my name is John Gutierrez. I'm environmental manager within our regulatory environmental services division,” Gutierrez said. He summarized the regulatory chain: the Water Quality Act amendments (1987) led to state‑issued MS4 permits, and in Kansas those permits are issued and enforced by the Kansas Department of Health and Environment (KDHE). The city’s MS4 permit includes construction‑site runoff as one of six minimum control measures; the new land‑disturbance requirements are meant to meet that part of the municipal permit.
Under the revised Chapter 20 Land Development Code, Article 13 and Article 16 define activities that may require a land‑disturbance permit: earthwork, clearing, grading, excavation, placement of fill, tree removal (unless stump/root structure left intact) and other activities that cause soil disturbance. Gutierrez said applicants must file through the city’s enterprise permitting and licensing software. The submittal requirements differ by project size: sites under one acre require specific documentation; sites of one acre or more must include a SWPPP and applicants must file the state notice of intent (NOI) with KDHE.
Gutierrez described exemptions retained in the code: the city’s examples include city‑owned projects under one acre, urban gardening or small‑scale agriculture under one acre, routine utility maintenance, emergency actions to protect life or property, and ordinary residential landscaping. He said projects that are exempt still remain subject to the city’s Chapter 9 stormwater code if they cause off‑site impacts.
The permit includes an inspection and enforcement process. Gutierrez said the city’s stormwater team will perform an initial installation inspection before land‑disturbance work begins, intermittent inspections during construction and a final inspection to confirm site stabilization before controls are removed. He said the Planning Department will not issue a building permit when a land‑disturbance permit is required until the land‑disturbance permit is issued, and a certificate of occupancy will not be released until the stormwater final inspection is signed off.
On fees and uptake, staff said the permit was added to the enterprise permitting system in June and the department had received about eight applications to date, with roughly six active submittals under review; no city land‑disturbance permits had been issued at the time of the meeting. Gutierrez said the city had sent outreach to contractors, consultants and homeowners’ associations and gave a presentation to the Lawrence Homeowners Association to raise awareness.
“Another thing with having a land‑disturbance permit now is tracking—it’s another means for us to know where these activities are occurring,” Gutierrez said, describing how the permit helps the city move from reactive enforcement to proactive inspections and compliance assistance.
Staff also noted construction material specifications (section 6,100) were updated in 2025 to list approved erosion‑control measures and that the city’s stormwater web pages and a stormwater email (stormwater@lawrenceks.gov) are available for questions. Gutierrez said the city will continue to refine the program and that fee schedules remain under review.
