KIPDA staff and local subcommittees evaluated existing authorities, policies, programs, and resources of each jurisdiction. The following chart is a summary of each jurisdiction and the current status of these items. Local committee members evaluated this information to determine what goals, objectives, and actions are necessary to effectively mitigate vulnerabilities, and what resources each jurisdiction currently has to begin implementation of the Mitigation Strategies of this plan.

Committee members compiled a list of potential authorities, policies, programs and resources based upon the public input and research of the committee members. Committee members also consulted with State and Federal Agencies to determine what resources were available and proven effective for other jurisdictions.

Definitions Relating To Existing Authorities, Programs and Resources

• Floodplain Management – is the operation of a community program of corrective and preventative measures for reducing flood damage. These measures can take a variety of forms and generally include Zoning, Subdivision or Building Requirements, and special purpose Floodplain Ordinances.
• CRS Plan– the Community Rating System is a voluntary program that recognizes and encourages community Floodplain Management Activities that exceed the minimum National Flood Insurance Program requirements. As a result, flood insurance premium rates are discounted to reflect the reduced flooding risk resulting from the community’s actions. Currently, while all communities are eligible, none participate in CRS.
• Zoning Regulations– are the tool a community uses to regulate land use, promote orderly growth and protect existing property owners by ensuring a convenient, attractive and functional community.
• Subdivision Regulations – set standards for streets, drainage ways, sewage disposal, water systems and other aspects of public welfare.
• Land Development Plans– identify where residential, commercial, institutional and recreational sites will be located and how essential municipal services such as water and sewer systems, roads and fire protection will be provided. These Plans also describe how many people are expected to live in an area and how development will be staged over time.
• Fire Prevention Codes– are intended to make sure all fire protection systems are maintained as they were designed. Such systems may include detection and suppression systems, but also include special fire rated walls and doors, which may remain in place for the duration of the buildings life.
• Stormwater Management Plans– are designed to manage stormwater runoff from new development in a coordinated wide approach with the thought in mind of decreasing the potential of flooding.
• CERT Team– the Community Emergency Response Team are citizens who are educated about disaster preparedness for hazards that may impact their area and are trained in basic disaster response skills such as fire safety, light search and rescue, team organization and disaster medical operations. CERT members can assist others in their neighborhood or workplace following an event when professional responders are not immediately available to help.
• NWS Storm Ready Program– is a nationwide community preparedness program that uses a grassroots approach to help communities develop plans to handle all types of severe weather, from tornadoes to tsunamis.
• Local Economic Development Council– is a group of citizens within a County, usually appointed, with diverse backgrounds in business, banking, education, social service, etc. who is charged with the preparation of infrastructure for and the recruitment of new industries or retail establishments and with the responsibility of retaining the already existing businesses and retail establishments within that County.
• Regional Development Agency– is, for the purpose of this Plan, a paid group of professionals with experience in areas such as making business loans, improving the housing stock, providing services for the elderly/handicapped, preparing grant applications and administering economic development and transportation related projects, etc. The planning that is done by this Agency usually affects multi-counties. The KIPDA ADD serves as the Regional Development Agency for the KIPDA Region.

These existing authorities, policies and programs are further explained in relation to the existing governmental structure and powers of the local jurisdiction. It is the responsibility of each local jurisdiction to develop, enact, and enforce the authorities and programs described above.

The following charts below represent each community’s commitment towards hazard mitigation:

• The following charts summarize the governmental structure for each jurisdiction in the KIPDA Region. Each jurisdiction will be responsible for implementation of the Mitigation Strategies for their service area. Committee members reviewed the governmental structure of each jurisdiction to determine their capabilities to implement and enforce existing and future authorities, policies, programs, and resources.

The following chart summarizes the governmental structure and class of the county and city governments.

Legal Authority of Local Jurisdictions

Local governments in Kentucky have a wide range of tools available for implementing mitigation programs, policies and actions.  A hazard mitigation program can utilize any or all of the four broad types of government powers granted by the State of Kentucky, which are (a) Regulation; (b) Acquisition; (c) Taxation; and (d) Spending.

A. REGULATION

GENERAL POLICE POWER

Local governments have been granted broad regulatory powers in their jurisdictions.  Kentucky Revised Statutes bestow the general police power on local governments, allowing them to enact and enforce ordinances which define, prohibit, regulate or abate acts, omissions, or conditions detrimental to the health, safety, and welfare of the people, and to define and abate nuisances (including public health nuisances). 

Since hazard mitigation can be included under the police power (as protection of public health, safety and welfare), towns, cities and counties may include requirements for hazard mitigation in local ordinances.  Local governments may also use their ordinance-making power to abate “nuisances,” which could include, by local definition, any activity or condition that threatens the general health and safety of the public. 

All Jurisdictions in the planning area have enacted and enforces regulatory ordinances designed to promote the public health, safety and general welfare of its citizenry. 

BUILDING CODES AND BUILDING INSPECTION 

Many structural mitigation measures involve constructing and retrofitting homes, businesses and other structures according to standards designed to make the buildings more resilient to the impacts of natural hazards.  Many of these standards are imposed through the use of building codes. 

Jurisdictions have the opportunity and the power to develop and enforce building codes.  Recently, the Spencer County became the latest jurisdiction within the planning area to hire a building codes enforcement officer.  

LAND USE 

Regulatory powers granted by the state to local governments are the most basic manner in which a local government can control the use of land within its jurisdiction.  Through various land use regulatory powers, a local government can control the amount, timing, density, quality, and location of new development.  All these characteristics of growth can determine the level of vulnerability of the community in the event of a natural hazard.  Land use regulatory powers include the power to engage in planning, enact and enforce zoning ordinances, floodplain ordinances, and subdivision controls. 

•  Planning – Local jurisdictions have the authority to perform a number of duties related to planning, including: make studies of the area; determine objectives; prepare and adopt plans for achieving those objectives; develop and recommend policies, ordinances, and administrative means to implement plans. 
• Zoning – Zoning is the traditional and most common tool available to local governments to control the use of land.  The statutory purpose for the grant of power is to promote health, safety, morals, or the general welfare of the community.  Land “uses” controlled by zoning include the type of use (e.g., residential, commercial, industrial) as well as minimum specifications for use such as lot size, building height and setbacks, density of population, etc. 
• Subdivision Regulations – Subdivision regulations control the division of land into parcels for the purpose of building development or sale.  Flood-related subdivision controls typically require that landowners and developers install adequate drainage facilities and design water and sewer systems to minimize flood damage and contamination.  They prohibit the subdivision of land subject to flooding unless flood hazards are overcome through filling or other measures, and they prohibit filling of floodway areas.  Subdivision regulations require that subdivision plans be approved prior to the division/sale of land.  Subdivision regulations are a more limited tool than zoning and only indirectly affect the type of use made of land or minimum specifications for structures. 
• Floodplain Ordinance – The purpose of the local floodplain Ordinances is to (1) minimize the extent of floods by preventing obstructions that inhibit water flow and increase flood height and damage; (2) prevent and minimize loss of life, injuries, property damage and other losses in flood hazard areas; and (3) promote the public health, safety and welfare of citizens of the jurisdiction in flood hazard areas. The ordinance also makes certain that they meet the minimum requirements of participation in the National Flood Insurance Program (NFIP).  The incentive for local governments adopting such ordinances is that they will afford their residents the ability to purchase flood insurance through the NFIP and be eligible for state Hazard Mitigation funding. The Commonwealth of Kentucky has taken several steps to reduce the hazard of flooding. Chapter 151 of the Kentucky Revised Statues (approved in 1966) is the state statute that addresses the development of floodplain areas.  The most pertinent sections of KRS 151 are (1) KRS 151.250, which establishes the requirements for obtaining a floodplain development permit; (2) KRS 151.125, which establishes the authority and powers of the secretary of the Natural Resources and Environmental Protection Cabinet to administer KRS 151; and (3) KRS 151.320, which requires the judge/executive of each county or the mayor or chief executive officer of each city to concurrently enforce with the Cabinet, within their respective counties and cities, the provisions of KRS 151.250 or 151.280 and the rules and regulations issued relating to the statute. Based on KRS 151, the Division of Water in the Kentucky Natural Resources and Environmental Protection Cabinet has been designated as the state coordinating agency for the National Flood Insurance Program (NFIP).   As the coordinating agency, the Division of Water assists local governments and state agencies in answering all questions concerning the program. 

C. TAXATION

The power to levy taxes and special assessments is an important tool delegated to local governments by the State of Kentucky.  The power of taxation extends beyond merely the collection of revenue, and can have a profound impact on the pattern of development in the community. 

D. SPENDING

The fourth major power that has been delegated from the Kentucky General Assembly to local governments is the power to make expenditures in the public interest.  Hazard mitigation principles can be made a routine part of all spending decisions made by the local government, including the adoption annual budgets. 

• Political Willpower – Most residents of the jurisdictions have a general knowledge about the potential hazards that their community faces. However, residents have had very little education concerning actions that increase or decrease the communities’ vulnerability to certain hazards. Education concerning mitigation strategies and potential losses will be a key factor for all jurisdictions in the planning area.
  Because of the history with natural disasters in the past 10 years, it is expected that the current and future political climates are favorable for supporting and advancing future hazard mitigation strategies. Jurisdictions have faithfully attended and participated in the mitigation planning process, largely due to the fact that the region has been widely affected by these natural disasters. 

Local subcommittee members also reviewed the existing capabilities of the governmental agencies based upon the existing professional staff departments that are currently available to each jurisdiction. The following chart provides a summary of the existing professional staff for each jurisdiction. The areas of light blue on the chart are provided to the cities through the county department.

Committee members were directly involved in summarizing and analyzing the duties of each department. During the public input and committee meetings, it was determined that the implementation of mitigation actions would depend greatly on the capabilities of the departments of each jurisdiction.

The following information summarizes the duties and responsibilities each of the professional staff departments listed in the chart above.

The Board of Education is responsible for the operation of the county school system and is also elected at large by the people. County funds usually maintain the buildings and provide funds for other capital projects, with state funds paying salaries, purchasing textbooks and supplies.

The Building Inspections Department enforces the State Building Code and other applicable local codes through a program of inspection and permitting.

The PVA, Clerk of Courts and the Sheriff are elected every four years. The PVA is responsible for the valuation of property for tax purposes. The Clerk of Court is custodian of the court system in each county and that office is financed completely by the State of Kentucky. The Sheriff operates on a budget approved annually by the commissioners or magistrates of each county. The sheriff is responsible for the collection of taxes and enforcement of state and local laws.

The County and City Police Departments are responsible for the enforcement of local and state laws in their jurisdictions.

The Road Departments are responsible for the maintenance and care of public roadways.

The Public Works Departments are responsible for the maintenance and care of public roadways at the city level.

The Emergency Management office is responsible for the mitigation, preparedness, response and recovery operations that deal with both natural and man-made disaster events. The formation of an emergency management office in each county is mandated under Kentucky Revised Statutes.

The County and City Treasurer is responsible for the oversight and management of the County’s budget and fiscal programs, including the administration of state and federal grants.

The Mayor and County Judge of each jurisdiction is responsible for the oversight of the daily operations of County and City government. Enforcement of County and City policies and regulations are their responsibility.

The Health Department and Social Services have separate boards that are appointed by the commissioners. Hiring of employees in these departments is approved by the commissioners with state personnel policies applying. These agencies protect the public health and provide social services in the areas of medical care and governmental social programs to families displaced from home or job.
Of the above-listed departments, the following have been assigned specifically delegated responsibilities to carry out mitigation activities or hazard control tasks: Emergency Management, Road Department, Building Inspections, Public Works Department, and the Planning and Zoning Department, where applicable.

Each of these departments has been involved in the development of this mitigation plan by participating on the local mitigation committees. The committees with these staff were able to identify gaps, weaknesses or opportunities for enhancement with existing mitigation programs.
For the most part, it was determined that each of these departments was short-staffed, and fulfilled multiple duties within their departments. All jurisdictions are limited in funding and resources for the hiring of additional staff. Each department staff member is adequately trained and funded to accomplish their current workloads. Increase in work activities will increase the need for additional staff to effectively perform tasks.
As a result of staffing and funding issues, KIPDA becomes the primary resource of technical assistance. KIPDA staff are professional staff trained in planning, GIS/GPS, fiscal management and project development. KIPDA is the regional planning agency that provides extended services and technical assistance to all jurisdictions in the planning area.

Summary of Findings

Expansion and improvement of existing authorities, policies, programs, and resources to reduce potential losses are depends upon the local jurisdictions staff and financial resources.

After reviewing the above summary tables, the local committees recognize that the county governments supply the majority services and professional departments that are responsible for implementing, maintaining and enforcing mitigation activities. Each county in the KIPDA region are equal in their ability to enforce and implement mitigation strategies. Mitigation planning committees are organized at the county level to include all jurisdictions in the county for this reason. Cities in the KIPDA region, except for Louisville and the city of Shepherdsville, depend largely upon the county government to support and combine resources to perform projects that improve the quality of life for residents. These projects include mitigation projects and activities. As a result, the mitigation committees have concluded from the capability assessment a key aspect of this plan that will greatly affect the prioritization and implementation of mitigation actions. All city jurisdictions depend on the County jurisdictions to assist with policies, authorities, and funding issues to implement projects.

Counties have the greatest resources to implement mitigation goals and objectives and insure success in the implementation of actions. Therefore, the mitigation committees have agreed through this planning process that the goals, objectives and actions need to be prioritized and implemented at the county level. Counties have a vested interest in the success of the cities in their jurisdictions, and have the ability to provide resources that otherwise would not be available. City jurisdictions will have the opportunity at any time to implement mitigation actions on their own in the future if their capabilities expand on the opportunities existing.

Due to the limitations described above, Mitigation committees were established on the county level. They were established to not only create the mitigation plan, but to fill in the gaps and enhance the capabilities of all jurisdictions to implement mitigation strategies that will reduce potential losses identified in the risk assessment. The KIPDA Regional Hazard Mitigation Committee felt that the local expertise would be best suited to addressing their own community needs, and thus during the planning process, mitigation techniques were solicited from various first responder agencies within the community. This process helped expand the scope and extent of the mitigation section of the plan.

All jurisdictions have participated in the local mitigation planning subcommittee in each county, and as explained in section 2 of this plan. In addition to local participation from each jurisdiction, the Kentuckiana Regional Planning and Development Agency staff has provided the professional assistance in GIS and plan development to fill in the gaps and enhance the local jurisdictions capability to implement mitigation strategies that will reduce potential losses that are identified in the risk assessment.

Therefore, the Local Hazard Mitigation Goals, Objectives and Actions were compiled on as a county jurisdiction including the city jurisdictions public input.