Permits Now Required Prior to Demolition

In order to protect neighboring property and the city infrastructure, the Elkton City Council passed Ordinance No. 2018-19 on second reading at the City Council meeting held on December 10, 2018. This ordinance requires a permit application and sets forth regulations for the demolition of a building or accessory structure in the city.

When is a permit required? Any time a building or accessory structure that is, or has been previously served by electric, water, or sewer service is to be demolished requires a Demolition Permit Application. Some demolitions may also require a 10 day notice to the Ky Division of Air Quality, so it is advised to submit the permit to the city at least 10 days before you plan to begin demolition.

Why is a permit required? First, the city wants to ensure that all wood, roofing materials and other unsuitable debris is removed from the site and not buried on the lot.  Once the building or structure is removed, suitable materials like dirt, rock, or brick can be used as backfill. Then, clean soil must be used to grade the lot to the surrounding topography. Second, the city wants to make sure that all utilities have been properly disconnected and abandoned or terminated at the source before demolition begins. Finally, the city wants to protect streets, sidewalks, utilities, and adjacent properties from potential damage during demolition. Therefore, before demolition begins, security in the form of cash, negotiable securities, or surety bond in an amount determined sufficient by the city must be furnished prior to approval of the permit.  

Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and fined not more than $500.00. Each day’s violation shall constitute a separate offense.  The city may also enforce this ordinance as a civil offense through the Code Enforcement Board and may be fined in accordance with the Ordinance Fine Schedule.

Full Ordinance. There are other rules that need to be followed regarding demolition of buildings and structures as set forth in the full ordinance. 

Download and View Full Ordinance

Download and View Demolition Permit Application

And, Remember, Call Before You Dig!  811 is the phone number you call before digging to protect yourself and others from unintentionally hitting underground utility lines. There are millions of miles of buried utilities beneath the surface of the earth that are vital to everyday living like water, electricity and natural gas. When you make the free call to 811 a few days before you dig, you’ll help prevent unintended consequences such as injury to you or your family, damage to your property, utility service outages to the entire neighborhood and potential fines and repair costs.

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