If you own a farm, ranch or rural property in Kansas, a new state law may affect your land – even if you do not have a dam on your property.
Kansas Substitute for House Bill 2114 (HB 2114) changes state laws for dams, farm ponds, water structures, inspections and dam inundation zones.
Some of these changes may be good news for farmers and ranchers with certain smaller water structures. However, the law also creates a new requirement for some property owners when land is sold, divided or transferred. Here is what Kansas landowners should know.
What Is a Dam Inundation Zone?
One of the most important parts of HB 2114 deals with dam inundation zones.
A dam inundation zone is an area that could be flooded if a dam failed and released the water stored behind it. An inundation map shows where that water could travel downstream.
Being in an inundation zone does not mean your land floods often. It also does not mean the dam is unsafe or expected to fail. It means your property could be affected if the dam failed.
An inundation zone is also not always the same as a FEMA floodplain. A property could be outside a traditional floodplain and still be within a dam inundation zone.
Most importantly, you do not have to own the dam to be affected. A dam may be located upstream or on someone else’s property, but its inundation zone could cross your farm or ranch. For real estate professionals, Mike Weber, Ag and Recreational Land Specialist, says the challenge may be identifying affected properties in the first place.
“The tragic part of this new law is that you may have no idea that your property is in the Inundation Zone,” Mike shared. “It will bring a new question to the Due Diligence portion of inspections on properties that have a lot of vertical elevations and pay extra attention to how many ponds are present upstream.”
Mike continues, “A watershed is a plus when you are down stream, now it is a concern that has legal and financial ramifications that has never existed before. I am not sure how big the impact will be, but it will be something for all real estate agents in towns and in rural areas to keep in mind.”
Selling Land in a Dam Inundation Zone
Beginning July 1, 2026, Kansas landowners have a new responsibility.
If you own land within the inundation zone of a dam regulated by the Kansas Division of Water Resources (DWR) and sell, divide or otherwise transfer affected land that is separate from the dam, you must file a Notice of Inundation Zone with the county Register of Deeds.
Weber also sees a potential issue with how the notice is treated in future transactions. “The notice that goes on the Deed is pretty simple; it could become just a ‘blanket’ sentence that will lose its intention all together.”
This could matter when:
- Selling an entire farm or ranch
- Dividing a large property into smaller tracts
- Selling part of your acreage
- Transferring affected property to another owner
Failure to file the required notice could also result in the landowner being responsible for certain added dam inspection costs.
An 800-Acre Ranch Example
Imagine you own an 800-acre Kansas ranch.
The ranch has a small stock-water pond that meets the requirements to be treated as a water obstruction instead of a regulated dam. That part of HB 2114 could make regulation of the pond easier.
However, there is also a regulated dam several miles upstream. You do not own it and may not even be able to see it from your property.
The dam’s inundation map shows that 120 acres of your ranch are within its inundation zone.
Now imagine you divide your ranch and sell a 40-acre tract within that area.
Even though you do not own the dam, the new law requires a Notice of Inundation Zone to be filed with the county Register of Deeds when the requirements of the law apply.
This is why checking for inundation zones could become an important part of preparing Kansas farm and ranch land for sale.
A Rural Lot Split Example
Here is another way HB 2114 could affect a Kansas landowner.
Imagine a homeowner has about 15 acres in a rural area and wants to divide the property into two lots. The existing home would stay on one lot, and the second lot would be sold or used for a new home.
During the lot split process, the county finds that part of the property is within the inundation zone of a nearby dam.
Maps and land elevations are reviewed to determine which parts of the new lot could be affected if the dam failed. Because of the inundation zone and other flood concerns, a portion of the new lot may not be recommended for building. A surveyor or engineer may also be needed to identify a safe building area more accurately.
HB 2114 adds another consideration. Because part of the property being divided is within a regulated dam’s inundation zone, the landowner may also be required to file a Notice of Inundation Zone with the county Register of Deeds.
The important point is that the dam does not have to be on the property for the lot split to be affected. A landowner may have enough acreage to create a new lot, but an upstream dam’s inundation zone could affect where a home can be built and add another step to the land-division process.
How Do You Know If a Dam Could Affect Your Property?
Farmers and ranchers may not know whether there is a regulated dam upstream. It could be miles away, on private property or part of a watershed or flood-control system.
A good place to start is the Kansas Department of Agriculture’s Division of Water Resources.
When checking a property, two important questions are:
- Is there a regulated dam upstream from my property?
- Is any part of my property within that dam’s inundation zone?
HB 2114 should make this information easier to find. The law requires inundation maps for permitted dams to be displayed on the Kansas Department of Agriculture’s website and provided to the proper county zoning authority or county clerk. If current maps are not available, the Chief Engineer is directed to prepare or update them when funding is available.
Mike also points out “unfortunately, there are no maps to reference right now. Surveyors don’t have anything to go by. A well-informed real estate agent will need to be on look out and ask questions to help protect their buyers and sellers.”
Could HB 2114 Be Good News for Farmers and Ranchers?
For some landowners, yes.
Certain Hazard Class A structures may now be treated as water obstructions instead of dams if they meet the requirements of the law.
This can include qualifying structures used for irrigation, stockwater or sediment control.
Among other requirements, qualifying structures must generally be less than 30 feet high and hold less than 125 acre-feet of water at the emergency spillway elevation.
Why Does this Matter?
If a qualifying farm pond or water structure is considered a water obstruction instead of a dam, the owner may avoid some of the rules that apply to regulated dams.
Certain approved wastewater storage structures for confined feeding facilities may also be treated as water obstructions instead of dams.
However, not every farm pond or stock pond qualifies. Size, storage capacity, use, hazard classification and other requirements can affect how a structure is classified.
Dam Inspections and Fees Are Changing
HB 2114 also changes rules for dam inspections, permits and fees.
Inspection schedules generally depend on the dam’s hazard class. Applicable Class A dams are inspected every 10 years, Class B dams every five years and Class C dams every three years.
The law also increases certain permit fees and creates post-construction fees for certain projects. It also sets new requirements for professional engineers who perform dam inspections.
If you own a regulated dam, knowing its hazard class and current requirements can help you plan for future inspections and costs.
What Should Kansas Landowners Do Now?
The biggest lesson from HB 2114 is simple: A dam does not have to be on your property for this law to affect you.
Before selling, dividing or transferring Kansas farm or ranch land, consider checking:
- Whether your property contains a regulated dam or water structure
- How your farm pond or stock-water structure is classified
- Whether there are regulated dams upstream
- Whether an inundation zone crosses any part of your land
- Whether a Notice of Inundation Zone must be recorded
Finding these answers before listing or dividing property could help prevent surprises during a real estate transaction.
The Bottom Line
HB 2114 brings both new responsibilities and possible benefits for Kansas farmers, ranchers and landowners.
Some smaller agricultural water structures may qualify for simpler regulation. At the same time, owners need to be aware of regulated dams around their property and the new rules for land within an inundation zone.
If you plan to sell or divide Kansas agricultural land, one question is becoming increasingly important:
Is Any Part of My Property Within a Regulated Dam Inundation Zone?
Knowing the answer before putting property on the market can make the sale process easier for everyone involved.
Have Questions About HB 2114 or Your Property?
If you have questions about how HB 2114 could affect the sale or division of your Kansas farm, ranch or rural property, contact Mike Weber with Weigand Real Estate. Mike can help you understand the real estate considerations involved and identify questions to address before putting your property on the market.
Note: This article is for general information only and is not legal advice. Property owners should contact the Kansas Division of Water Resources (DWR) or qualified legal counsel to determine how HB 2114 applies to a specific property.
Sources
- Kansas Department of Agriculture – Water Structures: Particularly useful for landowners. KDA currently explains the July 1, 2026 Notice of Inundation Zone requirement and provides information from the Division of Water Resources. Kansas DWR – Water Structures
- Kansas Secretary of State – Final Law (Chapter 122): The official enacted text of Substitute for HB 2114. This is the strongest source for what the law actually requires. 2026 Session Laws – Chapter 122, HB 2114
- Kansas Department of Agriculture – Laws, Statutes & Regulations: Provides DWR statutes, regulations, and a link to its HB 2114 guidance for property owners. DWR Laws, Statutes & Regulations
- Kansas Legislature – HB 2114 Bill Page: Full legislative history, bill versions, testimony, amendments, and final status. Kansas HB 2114 Bill Page
- Kansas Legislature – Conference Committee Report Brief: A much easier-to-read explanation of the final changes involving dams, water obstructions, inspections, inundation zones, fees, and penalties. HB 2114 Conference Committee Report Brief
