Committee reviews dam safety overhaul: inspections, fees and civil penalties discussed
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Summary
Committee members and stakeholders discussed House Bill 21-14, a package of dam safety reforms that would clarify permit scope, add post-construction fees, expand who may perform inspections under PE supervision, publish inundation maps, and create civil penalties of $100–$1,000 per violation; stakeholders agreed to continue working on balloon amendment language.
The Committee on Agriculture and Natural Resources reviewed House Bill 21-14, a broad update to laws governing dams and water obstructions that would change permit definitions, add post-construction fees, clarify inspection authority and compliance, and introduce civil penalties.
Kyle Hamilton recused a brief summary: the bill adds a subsection treating certain structures as water obstructions, increases application and post-construction permit fees by hazard class, clarifies that an authorized representative may include a licensed professional engineer approved by the chief engineer, and adds civil penalties and remits penalties to the water structures fund.
Earl Lewis, chief engineer, Kansas Department of Agriculture Division of Water Resources, said the state has thousands of regulated dams and an inspection program that has gaps: "We have about 2,500 dams in the state of Kansas that we have a regulatory responsibility and oversight for," Lewis said, and described a 2023 outside review recommending many of the bill's changes. He said the changes aim to ensure major repairs or modifications that alter hydraulics or height trigger permitting while routine maintenance would not.
On inspections and staffing, Lewis described permitting flexibility in the balloon amendment that would allow a licensed professional engineer or an "engineer under the supervision of a professional engineer" to perform field work with the PE reviewing and stamping reports. He framed the change as a pragmatic response to workforce constraints: allowing supervised associate engineers to do on‑site work would "provide that pipeline of engineers" needed for timelier inspections.
Stakeholders described their positions. Aaron Popelkom, vice president of legal and government affairs for the Kansas Livestock Association, said KLA and Farm Bureau worked with the chief engineer and would move from opposed to neutral if the balloon's proposals (inundation maps, inspection notice, associate-engineer field work, criminal-intent requirement) were adopted. Sarah Diamond, executive director of the State Association of Kansas Watersheds, urged that funding come from the general fund instead of permitting fees because many watershed districts would bear inspection and permit costs.
The Kansas Society of Professional Engineers said it supports the bill's intent but opposes language that would remove the express licensed-PE inspection requirement for high and significant hazard dams. Travis Lowe (KSPE) asked that the committee preserve current law requiring inspections by licensed professional engineers or explicitly define who may act as the chief engineer's authorized representative.
Lewis and stakeholders also discussed breach inundation maps and a proposal to file maps with county registers of deeds and post them online, so title searches or zoning reviews would reveal areas subject to inundation risk. On penalties, Lewis said civil enforcement authority is needed to address owners who ignore orders and described a proposed civil fine range of $100–$1,000 per violation, while clarifying criminal prosecution would require evidence of intentional acts.
Committee members and stakeholders agreed to continue negotiating balloon language, particularly the provisions about who may perform inspections. The chair said the committee intends to work the bill on Thursday and possibly take action later; the meeting adjourned without a final vote on HB 21-14.