CHAPTER 146 Natural Resources

146.010. Functions. [Repealed.]

Compiler’s Notes.

This section (4618-121: amend. Acts 1944, ch. 6, § 6; 1948, ch. 229, § 8; 1956 (1st Ex. Sess.), ch. 7, Art. VII, § 11; 1960, ch. 68, Art. X, § 7; 1966, ch. 255, § 139) was repealed by Acts 1974, ch. 74, Art. III, § 14.

146.020. Organization of department — Divisions. [Repealed.]

Compiler’s Notes.

This section (4618-122: amend. Acts 1944, ch. 6, § 7; 1946, ch. 52, § 5; 1948, ch. 229, § 9; 1956 (1st Ex. Sess.), ch. 7, Art. VII, § 12; 1960, ch. 68, Art. X, § 8; 1964, ch. 67, § 2) was repealed by Acts 1974, ch. 74, Art. III, § 14.

146.025. Conservation board — Functions — Members, appointment, qualifications, terms. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1964, ch. 71, § 1) was repealed by Acts 1974, ch. 74, Art. III, § 14.

146.030. Division of Game and Fish. [Repealed.]

Compiler’s Notes.

This section (1954d-9, 4618-123) was repealed by Acts 1944, ch. 6, § 8.

146.040. Division of Parks. [Repealed.]

Compiler’s Notes.

This section (4618-124) was repealed by Acts 1960, ch. 68, Art. X, § 7.

146.050. Division of forestry. [Repealed.]

Compiler’s Notes.

This section (4618-125: amend. Acts 1946, ch. 194) was repealed by Acts 1974, ch. 74, Art. III, § 14.

146.060. Division of Publicity. [Repealed.]

Compiler’s Notes.

This section (4618-126: amend. Acts 1952, ch. 215) was repealed by Acts 1956 (1st Ex. Sess.), ch. 7, Art. VIII, § 4.

146.070. Division of Archaeology. [Repealed.]

Compiler’s Notes.

This section (4618-127: amend. Acts 1956 (1st Ex. Sess.), ch. 7, Art. VII, § 10) was repealed by Acts 1960, ch. 68, Art. X, § 7.

146.080. Division of Conservation — Components — Functions.

There is hereby created, within the Department for Natural Resources in the Energy and Environment Cabinet, a Division of Conservation. The division shall consist of a Soil and Water Conservation Commission, a director, and such officers, employees, and agents as the commission may deem necessary for carrying out the function of the division, through the commission and the director, to assist soil and water conservation districts and watershed conservancy districts organized under KRS Chapter 262 in carrying out the functions, powers, and duties conferred upon them by such chapter.

History. Enact. Acts 1946, ch. 52, § 1; 1966, ch. 23, § 55; 1974, ch. 74, Art. III, § 13(1); 2010, ch. 24, § 117, effective July 15, 2010.

146.090. Soil and Water Conservation Commission.

  1. The secretary of the Energy and Environment Cabinet, with the approval of the Soil and Water Conservation Commission shall divide the state into nine (9) soil and water conservation areas which shall contain as nearly as practicable, an equal number of soil and water conservation districts;
  2. The Soil and Water Conservation Commission shall consist of nine (9) members, not more than five (5) of whom shall be of the same political party, to be appointed by the secretary of the Energy and Environment Cabinet with the approval of the Governor;
  3. One (1) member shall be appointed from each of the areas from a list of two (2) names submitted from each area by the supervisors of the soil and water conservation districts that have their principal offices therein. All members shall be supervisors of soil and water conservation districts;
  4. The term of office of each member shall be four (4) years; provided that, whenever a member of the commission ceases to hold the office of district supervisor by virtue of which he is serving on the commission, his term of office as a member of the commission shall be terminated. In the case of any vacancy other than the one (1) caused by the expiration of a term, the secretary of the Energy and Environment Cabinet, with the approval of the Governor, shall appoint the successor from a list of two (2) names submitted by the supervisors of the soil and water conservation area which was represented by the former member. The successor shall also be a supervisor of a soil and water conservation district;
  5. The members of the commission shall designate a chairman from among their members and may from time to time change such designation. The commission shall keep a record of its official actions. A majority of the commission shall constitute a quorum. The commission may call upon the Attorney General for legal services as it may require. It may delegate to its chairman, any of its members, the director of the division, or any officer, employee, or agent, powers and duties as it deems proper. Members of the commission shall receive no compensation for their services, but shall be entitled to expenses, including traveling expenses, necessarily incurred in discharging their duties;
  6. The following persons are advisory members of the commission by virtue of their offices: the secretary of the Energy and Environment Cabinet, the Commissioner of Agriculture, the director of the agricultural experiment station, the director of vocational education, and the state conservationist of the United States Department of Agriculture.

HISTORY: Enact. Acts 1946, ch. 52, § 2; 1952, ch. 202; 1956 (1st Ex. Sess.), ch. 7, Art. VII, § 13; 1960, ch. 68, Art. XIV, § 1; 1966, ch. 23, § 56; 1974, ch. 74, Art. III, § 13(1); 1984, ch. 111, § 80, effective July 13, 1984; 2010, ch. 24, § 118, effective July 15, 2010; 2017 ch. 117, § 2, effective June 29, 2017.

146.100. Director of Division of Conservation — Qualifications — Compensation — Powers — Duties.

  1. The secretary of the Energy and Environment Cabinet, with the approval of the Soil and Water Conservation Commission shall appoint a director of the Division of Conservation with experience in professional agricultural activities and who shall serve as executive officer for the commission. The director shall serve at the will of, and receive compensation as may be determined by the secretary of the Energy and Environment Cabinet with the advice of the Soil and Water Conservation Commission. In addition to any other duties assigned to him or herby the secretary of the Energy and Environment Cabinet, the director shall exercise, subject to the approval of the secretary, general administrative supervision over all activities, employees and property of the commission;
  2. The secretary of the Energy and Environment Cabinet may employ other officers, employees, and agents, who shall serve at his or her will as he or she deems necessary, with the advice of the Soil and Water Conservation Commission, and shall provide for surety bonds for members, the director, officers, employees or agents if entrusted with funds or property.

HISTORY: Enact. Acts 1946, ch. 52, § 3; 1956 (1st Ex. Sess.), ch. 7, Art. VII, § 14; 1960, ch. 68, Art. XIV, § 2; 1966, ch. 23, § 57; 1974, ch. 74, Art. III, § 13(1); 2010, ch. 24, § 119, effective July 15, 2010; 2017 ch. 117, § 3, effective June 29, 2017.

146.110. Powers and functions of Soil and Water Conservation Commission.

  1. The commission shall have the general power to take any action it may consider necessary or proper to assist soil and water conservation districts, agricultural districts, or watershed conservancy districts in carrying out their functions, powers, duties, and programs in accordance with the provisions of KRS Chapter 262, and for such purpose it may furnish financial and other aid to the districts and perform such services for them at their request as may be possible under available appropriations and resources;
  2. The commission has all the powers and duties formerly possessed by the State Soil Conservation Committee;
  3. The commission shall take any action it may consider necessary or proper in order to discharge for the state any of the state’s functions, responsibilities, or duties relating to flood control, drainage, and other activities with respect to the conservation, utilization, or control of soil or water resources;
  4. The commission may request the secretary of the Energy and Environment Cabinet to promulgate those administrative regulations as may be necessary to the performance of its duties and may enter into and execute any agreements or legal instruments that may be necessary for these purposes, and the commission shall have the authority to acquire necessary supplies, materials, and equipment, and warehousing, servicing, and maintenance facilities for equipment.

HISTORY: Enact. Acts 1946, ch. 52, § 4; 1960, ch. 68, Art. XIV, § 3; 1966, ch. 23, § 58; 1994, ch. 241, § 2, effective July 15, 1994; 2017 ch. 117, § 4, effective June 29, 2017.

Research References and Practice Aids

Cross-References.

Heavy or specialized machinery, authority of commission to acquire and make available to soil conservation districts, KRS 262.610 to 262.660 .

146.115. Kentucky soil erosion and water quality cost-share fund — Uses — Administrative regulations.

  1. There is established the “Kentucky Soil Erosion and Water Quality Cost-Share Fund” to be administered by the Soil and Water Conservation Commission. Moneys from the fund shall be used for cost-share programs to provide financial assistance for implementation of best management practices for the following purposes:
    1. Providing cleaner water through the reduction in sediment loading of Kentucky streams, rivers, and lakes;
    2. Reducing the loss of topsoil vital to the sustained production of food and fiber; and
    3. Preventing surface water and groundwater pollution.
  2. The commission is empowered to promulgate administrative regulations establishing practices eligible for cost-sharing funds, prioritizing applications, and prescribing amounts and limits of cost sharing. Practices eligible for cost-sharing funds shall include agricultural and silvicultural practices. Local conservation districts shall determine the eligibility of persons to receive the funds allocated to the districts by the commission. Priority for funding within each local conservation district shall be given to animal waste management systems, where animal waste has been identified as a water pollution problem, and to members of an agricultural district.
  3. Any person engaged in agricultural or silvicultural production may be considered for funding under this section if the person has had prepared a soil and water conservation plan with the local conservation district, has had prepared a forest management or forest stewardship plan, or has had prepared a groundwater protection plan and agrees to maintain best management practices for a period of time specified by the commission.
  4. Up to five percent (5%) of any total annual appropriation may be used for administrative costs of the local conservation districts and the commission.

History. Enact. Acts 1994, ch. 241, § 1, effective July 15, 1994; 1994, ch. 390, § 34, effective July 15, 1994.

Legislative Research Commission Note.

(1/11/95). 1994 Ky. Acts ch. 390, sec. 34, originally codified as KRS 146.121 , is identical to this statute and has been merged into this statute.

146.120. KRS 146.080 to 146.110 are in addition to other laws. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 52, § 6) was repealed by Acts 1974, ch. 74, Art. III, § 14.

146.121. Kentucky soil erosion and water quality cost-share fund. [Renumbered by merger into KRS 146.115.]

Legislative Research Commission Note.

(1/11/95). This statute is identical to KRS 146.115 and has been merged into that statute.

146.130. Division of Recreation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 124, § 8) was repealed by Acts 1960, ch. 68, Art. X, § 7.

146.131. Cabinet’s duty to transmit information concerning abandonment of railroad corridors to the Kentucky Department of Parks and to the Railtrail Development Office.

The Energy and Environment Cabinet, including any agency or other unit of government attached to the cabinet, shall immediately transmit to the Kentucky Department of Parks and to the Commonwealth’s Railtrail Development Office in the Department for Local Government any information received from a railroad or other person having an ownership interest in a railroad corridor pertaining to a proposed or pending action or proceeding to obtain federal authority for the regulatory abandonment of that railroad corridor.

History. Enact. Acts 2000, ch. 338, § 7, effective July 14, 2000; 2010, ch. 24, § 120, effective July 15, 2010.

146.140. Functions of division. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 124, § 9) was repealed by Acts 1960, ch. 68, Art. X, § 7.

146.150. State Recreation Board. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 124, § 10) was repealed by Acts 1960, ch. 68, Art. X, § 7.

146.160. Director of Recreation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 124, § 11) was repealed by Acts 1960, ch. 68, Art. X, § 7.

Operation of Locks

146.180. Lock fee.

  1. The Energy and Environment Cabinet may assess a fee for the use of any lock on a navigable waterway operated by the Commonwealth and formerly under jurisdiction of the United States Army Corps of Engineers and pursuant to completion of negotiations authorized by KRS 151.580 .
  2. The fee shall not exceed five dollars ($5) each time the lock gates are used regardless of the number of craft passing through said lock.

History. Enact. Acts 1984, ch. 325, § 1, effective July 13, 1984; 2010, ch. 24, § 121, effective July 15, 2010.

146.185. Use of lock without payment of fee prohibited — Dates of lock operations — Remittance of fees collected.

  1. No person shall attempt to utilize any lock on a navigable waterway operated by the Commonwealth without payment of the fee prescribed by KRS 146.180(2). At the time any person attempts to utilize the lock, the fee must be paid to the lockmaster or the employee who provides the service of opening the lock.
  2. The months, days and hours of lock operation shall be prescribed by the Energy and Environment Cabinet.
  3. Each Monday following a period of lock operation, those individuals responsible for collection of fees shall remit all moneys collected to the cabinet in a manner prescribed by the cabinet.

History. Enact. Acts 1984, ch. 325, § 2, effective July 13, 1984; 2010, ch. 24, § 122, effective July 15, 2010.

Wild Rivers System

146.200. Title.

KRS 146.200 to 146.360 may be cited as the “Kentucky Wild Rivers Act.”

History. Enact. Acts 1972, ch. 117, § 1.

NOTES TO DECISIONS

  1. Constitutionality.
  2. Condemnation of Property.
1. Constitutionality.

The Kentucky Wild Rivers Act is constitutional. Commonwealth ex rel. Department for Natural Resources & Environmental Protection v. Stephens, 539 S.W.2d 303, 1976 Ky. LEXIS 57 ( Ky. 1976 ).

2. Condemnation of Property.

The Kentucky Wild Rivers Act is enabling legislation and, as such, the Commonwealth is required by Const., § 13 to pay for what it takes before the taking. Commonwealth ex rel. Department for Natural Resources & Environmental Protection v. Stephens, 539 S.W.2d 303, 1976 Ky. LEXIS 57 ( Ky. 1976 ).

Cited:

Cumberland Falls Chair Lift, Inc. v. Commonwealth, 536 S.W.2d 316, 1976 Ky. LEXIS 71 ( Ky. 1976 ); Commonwealth ex rel. Department for Natural Resources & Environmental Protection v. Williams, 536 S.W.2d 474, 1976 Ky. LEXIS 84 ( Ky. 1976 ).

Research References and Practice Aids

Kentucky Law Journal.

Kentucky Law Survey, Bratt and Brown, Environmental Law, 70 Ky. L.J. 455 (1981-82).

Kentucky Law Survey, Bratt, Property, 73 Ky. L.J. 459 (1984-85).

Notes, Private Property and Environmental Regulatory Takings: A Forward Look into Rights and Remedies, as Illustrated by an Excursion into the Wild Rivers Act of Kentucky, 73 Ky. L.J. 999 (1984-85).

146.210. Definitions used in KRS 146.210 to 146.360.

As used in KRS 146.210 to 146.360 , the words listed herein shall have the following respective meanings, unless another or different meaning or intent shall be clearly indicated by the context:

  1. “Stream or watercourse” shall mean a flowing body of water or a section or portion thereof, including rivers, streams, and creeks.
  2. “Free flowing” shall mean existing or flowing in a natural condition without impoundment, diversion, straightening, riprapping, or other modification of the waterway. The existence, however, of low dams, diversion works, and other minor structures at the time any stream is proposed for inclusion in the Wild Rivers System shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize or to be intended to encourage future construction of such structures within components of the Wild Rivers System.
  3. “Road” shall mean a highway, a hard-surfaced road, or an improved or unimproved dirt road. The existence, however, of unimproved roads at the time any stream is proposed for inclusion in the Wild Rivers System shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize or to be intended to encourage future construction of such roads where this would be contrary to the provisions of KRS 146.200 to 146.360 .
  4. “Wilderness type recreation” shall mean activities such as fishing, hunting, canoeing, camping, hiking, horseback riding, exploring, archaeological and scientific investigation, and scenic and aesthetic enjoyment, which utilizes and protects to the highest degree the primitive and natural values of the area.
  5. “Visual horizon” shall mean the normal distance to which land and vegetative features can be unobstructedly viewed from the center of the stream.
  6. “Access point” shall mean an area along the stream under public ownership, or under easement acquired by agreement with a private landowner. This area would be available for public recreational use including, but not limited to, the launching of boats, picnicking, and camping.
  7. “Secretary” shall mean the secretary of the Energy and Environment Cabinet or the successor to that office.
  8. “Office” shall mean the Office of Kentucky Nature Preserves.

HISTORY: Enact. Acts 1972, ch. 117, § 2; 1974, ch. 74, Art. III, § 13(9); 1976, ch. 197, § 1; 2010, ch. 24, § 123, effective July 15, 2010; 2017 ch. 117, § 5, effective June 29, 2017; 2018 ch. 29, § 10, effective July 14, 2018.

NOTES TO DECISIONS

Cited:

Commonwealth, Natural Resources & Environmental Protection Cabinet v. Stearns Coal & Lumber Co., 678 S.W.2d 378, 1984 Ky. LEXIS 204 ( Ky. 1984 ).

Research References and Practice Aids

Kentucky Law Journal.

Comment, Commonwealth v. Stephens: The Taking Doctrine at Work in Environmental Land Use Planning, 65 Ky. L.J. 729 (1976-77).

146.220. Legislative intent.

The General Assembly hereby recognizes that certain streams of Kentucky possess outstanding and unique scenic, recreational, geological, fish and wildlife, botanical, historical, archaeological and other scientific, aesthetic, and cultural values. It is the policy of the General Assembly to complement dam construction and development projects on Kentucky watercourses with other equally important and beneficial uses of our water resources. Therefore, it is hereby declared that in order to afford the citizens of the Commonwealth an opportunity to enjoy natural streams, to attract out-of-state visitors, to assure the well-being of our tourist industry, to preserve for future generations the beauty of certain areas untrammeled by man, it is in the interest of the Commonwealth to preserve some streams or portions thereof in their free-flowing condition because their natural, scenic, scientific, and aesthetic values outweigh their value for water development and control purposes now and in the future. For aesthetic, as well as ecological reasons, the foremost priority shall be to preserve the unique primitive character of those streams in Kentucky which still retain a large portion of their natural and scenic beauty, and to prevent future infringement on that beauty by impoundments or other man-made works. Since the stream areas are to be maintained in a natural state, they will also serve as areas for the perpetuation of Kentucky’s wild fauna and flora. Few such streams remain in the Eastern portion of the United States, and the General Assembly feels a strong obligation to the people of Kentucky to preserve these remnants of their proud heritage. It is the purpose of KRS 146.200 to 146.360 to establish a Wild Rivers System by designating certain streams for immediate inclusion in the system and by prescribing the procedures and criteria for protecting and administering the system. It is not the intent of KRS 146.200 to 146.360 to require or to authorize acquisition of all lands or interests in lands within the boundaries of the stream areas but to assure preservation of the scenic, ecological and other values and to provide proper management of the recreational, wildlife, water and other resources. It is the intent of KRS 146.200 to 146.360 to impose reasonable regulations as to the use of private and public land within the authorized boundaries of wild rivers for the general welfare of the people of the Commonwealth, and where necessary, to enable the department to acquire easements or lesser interests in or fee title to lands within the authorized boundaries of the wild rivers, so that the public trust in these unique natural rivers might be kept.

History. Enact. Acts 1972, ch. 117, § 3; 1976, ch. 197, § 2.

Opinions of Attorney General.

In order to conform with the purpose and legislative intent of the Wild Rivers Act, the protection embodied in said act must be extended immediately to all streams designated, for the moment the act went into effect the use of land became applicable so that once the legislature designates a stream, or portion thereof, as part of the wild rivers system, all development not in accordance with KRS 146.290 is prohibited. OAG 73-797 .

Research References and Practice Aids

Kentucky Law Journal.

Comment, Commonwealth v. Stephens: The Taking Doctrine at Work in Environmental Land Use Planning, 65 Ky. L.J. 729 (1976-77).

Kentucky Law Survey, Bratt and Brown, Environmental Law, 70 Ky. L.J. 455 (1981-82).

Kentucky Law Survey, Bratt, Property, 73 Ky. L.J. 459 (1984-85).

Notes, Private Property and Environmental Regulatory Takings: A Forward Look into Rights and Remedies, as Illustrated by an Excursion into the Wild Rivers Act of Kentucky, 73 Ky. L.J. 999 (1984-85).

146.230. Criteria for streams in Wild Rivers System.

Streams which substantially meet the following criteria are eligible for inclusion in the Wild Rivers System: Streams or sections of streams that are essentially free-flowing, with shorelines and scenic vistas essentially primitive and unchanged, free from evidence of the works of man, and pleasing to the eye. The waters shall not be polluted beyond feasible correction and shall be kept unpolluted once corrected according to standards established by the Energy and Environment Cabinet through the Office of Kentucky Nature Preserves. The area may provide a high quality fish and wildlife habitat, containing one or more unique or rare species for sport or observation. It may provide opportunities for scientific study or appreciation of essentially undisturbed ecological, geologic, or archaeologic conditions. It shall provide wilderness type recreation such as canoeing and hiking, or specialized uses without disturbing the primitive character of the area.

HISTORY: Enact. Acts 1972, ch. 117, § 4; 1976, ch. 197, § 3; 2010, ch. 24, § 124, effective July 15, 2010; 2018 ch. 29, § 11, effective July 14, 2018.

Research References and Practice Aids

Kentucky Law Journal.

Comment, Commonwealth v. Stephens: The Taking Doctrine at Work in Environmental Land Use Planning, 65 Ky. L.J. 729 (1976-77).

146.240. Designation of streams in Wild Rivers System. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 117, § 5; 1974, ch. 206, § 1) was repealed by Acts 1976, ch. 197, § 11.

146.241. Designation of streams in Wild Rivers System.

The streams or segments of streams to be included in this system, being classified by KRS 146.230 , are as follows:

  1. The Cumberland River from Summer Shoals to the backwater of Lake Cumberland;
  2. The Red River from the Ky. 746 bridge to the mouth of Swift Camp Creek. Nothing in KRS 146.220 to 146.360 shall be construed to prohibit that portion of the Red River between Peck’s Branch and Swift Camp Creek from being used to temporarily contain flood waters that may be impounded above the normal sustained pool level of any lake which may be created in the event a dam is constructed on the Red River near Bowen, Kentucky;
  3. The Rockcastle River from the Ky. 80 bridge to the backwater of Lake Cumberland. Nothing in KRS 146.220 to 146.360 shall be construed to prohibit or interfere with the relocating of Ky. 80 , including the construction of a bridge at a point approximately 2.35 miles downstream from the existing Ky. 80 bridge;
  4. The Green River from the eastern boundary of Mammoth Cave National Park extending downstream and including only that portion of the river within the Mammoth Cave National Park;
  5. The Big South Fork of the Cumberland River from the Tennessee border to Blue Herron;
  6. Martins Fork, Cumberland River from Ky. Highway 987 bridge to the eastern boundary of Cumberland Gap National Park;
  7. Rock Creek from the White Oak Junction bridge to the Kentucky-Tennessee border;
  8. Little South Fork, Cumberland River from the backwater of Lake Cumberland (mile 4.1) to the Kentucky Highway 92 bridge (mile 14.5) in Wayne and McCreary counties; and
  9. Bad Branch of Poor Fork, Cumberland River from the headwaters on Pine Mountain to the Ky. 932 bridge, including the entire watershed drained by all stream segments, except for that portion above a point 0.1 mile below the existing lake on the easternmost fork.

History. Enact. Acts 1976, ch. 197, § 4; 1986, ch. 326, § 1, effective July 15, 1986.

Research References and Practice Aids

Kentucky Law Journal.

Kentucky Law Survey, Bratt, Property, 73 Ky. L.J. 459 (1984-85).

Notes, Private Property and Environmental Regulatory Takings: A Forward Look into Rights and Remedies, as Illustrated by an Excursion into the Wild Rivers Act of Kentucky, 73 Ky. L.J. 999 (1984-85).

146.250. Boundaries of stream areas.

The boundaries of a stream area associated with a stream or stream segment included in the Wild Rivers System by KRS 146.200 to 146.360 shall include at least the visual horizon from the stream, but not more than two thousand (2,000) feet from the center of the stream. The boundary shall further include access points, at the upstream and downstream boundary of the area.

HISTORY: Enact. Acts 1972, ch. 117, § 6; 1974, ch. 74, Art. III, § 13(9); 1976, ch. 197, § 5; 2010, ch. 24, § 125, effective July 15, 2010; 2018 ch. 29, § 12, effective July 14, 2018.

NOTES TO DECISIONS

1. Designation of Boundaries.

In action concerning rights to property within the wild rivers area of the Cumberland River to enjoin landowners from cutting timber and otherwise disturbing the area, landowners’ motion to dismiss should have been granted since no designation of boundaries had been made under this section, for until such designation is made there can be no violation. Commonwealth ex rel. Department for Natural Resources & Environmental Protection v. Stephens, 539 S.W.2d 303, 1976 Ky. LEXIS 57 ( Ky. 1976 ).

The provision for the designation of boundaries in this section is mandatory but the date for making the designation is directory. Commonwealth ex rel. Department for Natural Resources & Environmental Protection v. Stephens, 539 S.W.2d 303, 1976 Ky. LEXIS 57 ( Ky. 1976 ).

Cited:

Commonwealth, Natural Resources & Environmental Protection Cabinet v. Stearns Coal & Lumber Co., 678 S.W.2d 378, 1984 Ky. LEXIS 204 ( Ky. 1984 ).

Opinions of Attorney General.

In order to conform with the purpose and legislative intent of the Wild Rivers Act, the protection embodied in said act must be extended immediately to all streams designated, for the moment the act went into effect the use of land became applicable so that once the Legislature designates a stream, or portion thereof, as part of the Wild Rivers System, all development not in accordance with KRS 146.290 is prohibited. OAG 73-797 .

Research References and Practice Aids

Kentucky Law Journal.

Comment, Commonwealth v. Stephens: The Taking Doctrine at Work in Environmental Land Use Planning, 65 Ky. L.J. 729 (1976-77).

Kentucky Law Survey, Bratt and Brown, Environmental Law, 70 Ky. L.J. 455 (1981-82).

146.260. Recommendation of additional stream areas by Office of Kentucky Nature Preserves — Contents.

  1. The office shall study and from time to time submit to the Governor and to the General Assembly proposals for additions to the Wild Rivers System of streams and sections of streams that qualify for inclusion therein. Each proposal shall be accompanied by:
    1. A detailed map showing the boundaries of the stream or sections of streams and those adjacent lands needed to protect and administer the needed controls.
    2. The category of the proposed additions in accordance with KRS 146.230 .
    3. A detailed report on the factors which make the area a worthy addition to the system.
  2. The intention of this requirement is to insure that such studies will be made; it is not intended to preclude or discourage, but rather encourage similar studies and proposals by other agencies or by citizen groups working independently. Authority for additions to the Wild Rivers System shall remain exclusively with the Kentucky General Assembly.

HISTORY: Enact. Acts 1972, ch. 117, § 7; 1974, ch. 74, Art. III, § 13(9); 2010, ch. 24, § 126, effective July 15, 2010; 2018 ch. 29, § 13, effective July 14, 2018.

Research References and Practice Aids

Kentucky Law Journal.

Kentucky Law Survey, Bratt and Brown, Environmental Law, 70 Ky. L.J. 455 (1981-82).

Kentucky Law Survey, Bratt, Property, 73 Ky. L.J. 459 (1984-85).

146.270. Administration of system by Office of Kentucky Nature Preserves — Administrative regulations — Management plan.

The Wild Rivers System shall be administered by the Office of Kentucky Nature Preserves according to the policies and criteria set forth in KRS 146.200 to 146.360 . The cabinet upon recommendation of the office shall adopt rules or promulgate administrative regulations necessary for the preservation and enhancement of the stream areas as set forth in KRS 146.250 , and for control of recreational, educational, scientific, and other uses of these areas in a manner that shall not impair them. In administration primary emphasis shall be given to protecting aesthetic, scenic, historic, archaeologic, and scientific features of the area. The office shall develop a management plan for a designated stream area and shall publicize and hold public hearings and record the views expressed on each plan developed. Management plans for a given stream area may establish varying degrees of intensity for its protection, based on special attributes of each area, but shall follow the concepts embodied in KRS 146.230 . No public use of lands within the boundaries of a designated wild river area in which the state has acquired an interest shall be permitted prior to the development of a management plan.

HISTORY: Enact. Acts 1972, ch. 117, § 8; 1974, ch. 74, Art. III, § 13(1), (9); 1976, ch. 197, § 7; 2010, ch. 24, § 127, effective July 15, 2010; 2017 ch. 117, § 6, effective June 29, 2017; 2018 ch. 29, § 14, effective July 14, 2018.

Research References and Practice Aids

Kentucky Law Journal.

Comment, Commonwealth v. Stephens: The Taking Doctrine at Work in Environmental Land Use Planning, 65 Ky. L.J. 729 (1976-77).

Kentucky Law Survey, Bratt and Brown, Environmental Law, 70 Ky. L.J. 455 (1981-82).

Notes, Private Property and Environmental Regulatory Takings: A Forward Look into Rights and Remedies, as Illustrated by an Excursion into the Wild Rivers Act of Kentucky, 73 Ky. L.J. 999 (1984-85).

146.280. Acquisition of stream areas.

  1. Within the boundaries of a designated stream area, as established and authorized by the Kentucky General Assembly, the office shall be authorized and empowered to acquire by purchase, exercise of the rights of eminent domain, grant, gift, devise, or otherwise, the fee simple title, an easement, or any acceptable lesser interest in any lands, and by lease or conveyance, contract for the right to use and occupy any lands. Where property within such boundaries is owned by the federal government, the office can enter into agreements with the landowning agency concerning use of the property consistent with the objectives of KRS 146.200 to 146.360 . Nothing in KRS 146.200 to 146.360 shall be construed to deprive a landowner of the fee simple title to or lesser interest in his property without just compensation.
  2. The office may not exercise authority to acquire lands or interests in lands located within any incorporated city or county when such entities have in force a duly adopted, valid ordinance or plan for the management, zoning and protection of such lands in accordance with the provisions of KRS 146.200 to 146.360 .

HISTORY: Enact. Acts 1972, ch. 117, § 9; 1974, ch. 74, Art. III, § 13(9); 1976, ch. 197, § 8; 2010, ch. 24, § 128, effective July 15, 2010; 2017 ch. 117, § 7, effective June 29, 2017; 2018 ch. 29, § 15, effective July 14, 2018; 2019 ch. 44, § 24, effective June 27, 2019.

NOTES TO DECISIONS

Cited:

Commonwealth, Natural Resources & Environmental Protection Cabinet v. Stearns Coal & Lumber Co., 678 S.W.2d 378, 1984 Ky. LEXIS 204 ( Ky. 1984 ).

Research References and Practice Aids

Kentucky Law Journal.

Comment, Commonwealth v. Stephens: The Taking Doctrine at Work in Environmental Land Use Planning, 65 Ky. L.J. 729 (1976-77).

Kentucky Law Survey, Bratt and Brown, Environmental Law, 70 Ky. L.J. 455 (1981-82).

Notes, Private Property and Environmental Regulatory Takings: A Forward Look into Rights and Remedies, as Illustrated by an Excursion into the Wild Rivers Act of Kentucky, 73 Ky. L.J. 999 (1984-85).

146.290. Land uses permitted in stream area — Charge of use.

  1. The provisions of this section shall not apply to those uses existing at such time as a stream is included in the system.
  2. Land uses to be allowed within the boundaries of a designated stream area shall be as follows:
  3. Any landowner within the boundaries of the area may apply to the office for a change of use to permit the select cutting of timber, a resource removal or an agricultural use upon his property located within the area. The office shall provide public notice within thirty (30) days of the receipt of the permit application, and the landowner or any interested person may, within thirty (30) days of the public notice, request a public hearing and provide any evidence or information as to whether the proposed use by the applying landowner is in accordance with the management plan developed pursuant to KRS 146.270 , the purpose and intent of the Wild Rivers Act as expressed in KRS 146.220 , and other applicable law.
  4. The office shall, within thirty (30) days of the close of the comment period, or public hearing, if one is requested, either:
    1. Issue an order, with accompanying opinion, denying the permit; or
    2. Issue an order, with accompanying opinion, granting the permit with such restrictions, terms and conditions as are appropriate to protect to the fullest extent possible the wild rivers area and the public trust therein within the intent of KRS 146.220 ; or
    3. Recommend an alternate use to which the land may be put under KRS 146.200 to 146.360 which is more consistent with the purposes and intent of KRS 146.200 to 146.360 than the use for which application was made; or
    4. Institute condemnation proceedings in the circuit court of the county in which the land is located or else negotiate a purchase of the land affected, or any interest therein.
  5. On or before thirty (30) days from the date of the office’s determination, the landowner may file with the office a written objection to the determination. If, within the next sixty (60) days the landowner and the secretary are unable to reach an agreement with respect to a modification of the determination, the office must either permit the use applied for, condemn the property, or petition the Franklin Circuit Court for an order restraining the proposed use. The order shall be entered immediately upon the filing of the petition and the execution of a bond without surety by the Commonwealth in an amount satisfactory to the court to indemnify the landowner against loss of profits from any wrongful restraint of the use of his property during the period from the filing of the petition until such time as the matter is concluded by the courts. The court shall review the decision as to both law and fact; but no factual finding shall be reversed unless clearly erroneous or else arbitrary, capricious, or an abuse of discretion.

New roads, structures or buildings may be constructed only where necessary to effect a use permitted under the other provisions of KRS 146.200 to 146.360 . Utility lines or pipelines may be constructed as approved by the office in writing and under provision that the affected land be restored as nearly as possible to its former state. This provision, however, shall in no way affect the rights between a landowner and a utility company or pipeline company. There shall be no strip mining as defined in KRS 350.010 , and select cutting of timber or other resource removal and agricultural use, may be allowed pursuant to regulations promulgated by the secretary upon the granting of a permit under the other provisions of KRS 146.200 to 146.360 . All instream disturbances such as dredging, shall be prohibited. Except for the management agency and any existing uses which do not conform to the purposes and intent of KRS 146.200 to 146.360, travel upon a wild river or any public lands within the designated boundaries thereof, shall be by foot, horseback, canoe, boat or other nonmechanical modes of transportation. If there are existing agricultural areas within the boundaries of the area, such areas may continue to be used for agricultural purposes.

HISTORY: Enact. Acts 1972, ch. 117, § 10; 1974, ch. 74, Art. III, § 13(9); 1976, ch. 197, § 9; 2018 ch. 29, § 16, effective July 14, 2018.

NOTES TO DECISIONS

1. Condemnation of Property.

The Kentucky Wild Rivers Act is enabling legislation and, as such, the Commonwealth is required by Const., § 13 to pay for what it takes before the taking. Commonwealth ex rel. Department for Natural Resources & Environmental Protection v. Stephens, 539 S.W.2d 303, 1976 Ky. LEXIS 57 ( Ky. 1976 ).

Cited:

Commonwealth, Natural Resources & Environmental Protection Cabinet v. Stearns Coal & Lumber Co., 678 S.W.2d 378, 1984 Ky. LEXIS 204 ( Ky. 1984 ).

Opinions of Attorney General.

In order to conform with the purpose and legislative intent of the Wild Rivers Act, the protection embodied in said act must be extended immediately to all streams designated, for the moment the act went into effect the use of land became applicable so that once the legislature designates a stream, or portion thereof, as part of the wild rivers system, all development not in accordance with this section is prohibited. OAG 73-797 .

Research References and Practice Aids

Kentucky Law Journal.

Comment, Commonwealth v. Stephens: The Taking Doctrine at Work in Environmental Land Use Planning, 65 Ky. L.J. 729 (1976-77).

Kentucky Law Survey, Bratt and Brown, Environmental Law, 70 Ky. L.J. 455 (1981-82).

Kentucky Law Survey, Bratt, Property, 73 Ky. L.J. 459 (1984-85).

Notes, Private Property and Environmental Regulatory Takings: A Forward Look into Rights and Remedies, as Illustrated by an Excursion into the Wild Rivers Act of Kentucky, 73 Ky. L.J. 999 (1984-85).

146.300. Determination of applicable law in conflict.

Any component of the Wild Rivers System that is or shall become a part of any state park, wildlife refuge, or similar state-administered area shall be subject to the provisions of KRS 146.200 to 146.360 and the laws under which the other areas may be administered, and in the case of conflict between the provisions of these laws the more restrictive provisions shall apply.

History. Enact. Acts 1972, ch. 117, § 11.

146.310. State agencies to office of activities affecting stream areas.

All state agencies shall promptly inform the office of any proceedings, studies, or other activities within their jurisdictions, and regardless of by whom requested, which are now in progress and which affect or may affect any of the streams specified in KRS 146.241 . They shall likewise inform the office of any such proceedings, studies or other activities that are hereafter commenced or resumed before they are commenced or resumed.

HISTORY: Enact. Acts 1972, ch. 117, § 12; 1974, ch. 74, Art. III, § 13(9); 1980, ch. 188, § 107, effective July 15, 1980; 2010, ch. 24, § 129, effective July 15, 2010; 2018 ch. 29, § 17, effective July 14, 2018.

146.320. Component of Wild Rivers System may be included in federal system.

Nothing in KRS 146.200 to 146.360 shall preclude a component of the Wild Rivers System from becoming a part of the National Wild and Scenic Rivers System. The office shall be directed to encourage and assist any federal studies for inclusion of Kentucky streams in the National Wild and Scenic Rivers System. The office may enter into written cooperative agreements for joint federal-state or interstate administration of a Kentucky component of the National Wild and Scenic Rivers System, provided agreements for the administration of water and land uses are not less restrictive than those set forth in KRS 146.200 to 146.360 .

HISTORY: Enact. Acts 1972, ch. 117, § 13; 1974, ch. 74, Art. III, § 13(9); 2010, ch. 24, § 130, effective July 15, 2010; 2017 ch. 117, § 8, effective June 29, 2017; 2018 ch. 29, § 18, effective July 14, 2018.

146.330. Employment of assistants.

The office may employ such technical, clerical, stenographic, and other employees and assistants as are required to effectively carry out the duties and responsibilities as provided in KRS 146.200 to 146.360 .

HISTORY: Enact. Acts 1972, ch. 117, § 14; 1974, ch. 74, Art. III, § 13(9); 2010, ch. 24, § 131, effective July 15, 2010; 2017 ch. 117, § 9, effective June 29, 2017; 2018 ch. 29, § 19, effective July 14, 2018.

146.340. Wild Rivers System fund created.

A fund for the purpose of carrying out the provisions of KRS 146.200 to 146.360 is hereby created to be designated as a “Wild Rivers System fund” to consist of all revenues derived from privileges, concessions, contracts, or otherwise, all moneys received by gifts, contributions, donations, and grants from public or private sources. Such “Wild Rivers System fund” shall be disbursed by the office, after appropriations are made by law, for administration and other expenses and for other purposes provided by KRS 146.200 to 146.360 .

HISTORY: Enact. Acts 1972, ch. 117, § 15; 1974, ch. 74, Art. III, § 13(1); 2010, ch. 24, § 132, effective July 15, 2010; 2018 ch. 29, § 20, effective July 14, 2018.

146.350. Enforcement.

It shall be the duty of the cabinet’s Office of Legal Services, or upon the secretary’s request, of the Attorney General, to bring an action for the recovery of the penalties provided for in KRS 146.990 and to bring an action for a restraining order, temporary or permanent injunction, for the prevention or correction of a condition constituting or threatening to constitute a violation of KRS 146.200 to 146.619 . All actions for injunctive relief for violation of KRS 146.200 to 146.619 shall be brought in the name of the Commonwealth of Kentucky by the cabinet’s Office of Legal Services, or upon the secretary’s request, by the Attorney General in the Franklin Circuit Court. If the action seeks recovery of penalties in addition to injunctive relief, it shall be brought to one (1) of the counties through which the designated portion of the river runs.

HISTORY: Enact. Acts 1972, ch. 117, § 16; 1974, ch. 74, Art. III, § 13(9); 1976, ch. 289, § 4; 1990, ch. 399, § 4, effective July 13, 1990; 2018 ch. 29, § 21, effective July 14, 2018.

Legislative Research Commission Note.

(10/6/97). 1996 Ky. Acts ch. 360 confirmed a reorganization by which the Department of Law in the Natural Resources and Environmental Protection Cabinet was changed to that cabinet’s Office of Legal Services. For this reason, under KRS 7.136(2), a reference to “Department of Law” in this statute has been changed to read “Office of Legal Services.”

146.360. Trespass.

Nothing in KRS 146.210 to 146.360 shall be construed to confer upon any member of the public any right to the use of or access to private lands within the boundary of a designated wild river.

History. Enact. Acts 1976, ch. 197, § 6 (1st sentence).

Nature Preserves System

146.410. Purpose of system of nature preserves.

  1. All areas within the borders of the Commonwealth, except those which are expressly dedicated by law for preservation and protection in their natural condition, are subject to alteration by human activity. As part of the continuing growth of the population and the economic development of the Commonwealth, it is necessary and desirable that the overall impact on the natural ecology be considered when major alterations are proposed affecting same, and that certain areas of unusual natural significance be set aside and preserved for the benefit of present and future generations. Such unique areas are valuable as laboratories for scientific research, as reservoirs of natural materials not all of the uses of which are now known, as habitats for plant and animal species and biotic communities, as living museums of the native landscape where people may observe nature’s web of life and our natural heritage, as places of historic and natural interest and scenic beauty, and as reminders of the vital human dependence upon fresh air, clean water, and unspoiled natural areas.
  2. It is therefore the public policy of the Commonwealth of Kentucky to secure for the people of present and future generations the benefits of an enduring resource of natural areas by establishing a system of nature preserves, protecting these areas and gathering and disseminating information regarding them, establishing and maintaining a registry of natural areas, and otherwise encouraging and assisting in the preservation of natural areas and features.

History. Enact. Acts 1976, ch. 118, § 2.

Research References and Practice Aids

Kentucky Law Journal.

Comment, Commonwealth v. Stephens: The Taking Doctrine at Work in Environmental Land Use Planning, 65 Ky. L.J. 729 (1976-77).

146.415. Definitions for KRS 146.410 to 146.530.

As used in KRS 146.410 to 146.530 :

  1. “Natural area” means any area of land or water, or of both land and water, in public or private ownership, which either retains, or has reestablished to some degree in the judgment of the office its natural character, though it need not be completely natural and undisturbed, or which has natural flora, fauna, biological, ecological, geological, scenic or archaeological features of scientific, aesthetic, cultural or educational interest;
  2. “Nature preserve” means a natural area, and land necessary for its protection, any estate, interest or right in which has been formally dedicated under the provisions of KRS 146.410 to 146.530 to be maintained as nearly as possible in its natural condition and to be used in a manner and under limitations consistent with its continued preservation, without impairment, disturbance or artificial development, for the public purposes of present and future scientific research, education, aesthetic enjoyment and habitat for plant and animal species and other natural objects;
  3. “Articles of dedication” means the writing by which any estate, interest or right in a natural area is formally dedicated, as provided in KRS 146.410 to 146.530 ;
  4. “Office” means the Office of Kentucky Nature Preserves;
  5. “System” means the state system of nature preserves established under KRS 146.410 to 146.530 ;
  6. “Cabinet” means the Energy and Environment Cabinet;
  7. “Executive director” means the executive director of the Office of Kentucky Nature Preserves; and
  8. “Secretary” means the secretary of the Energy and Environment Cabinet.

HISTORY: Enact. Acts 1976, ch 118, § 3; 1988, ch. 416, § 1, effective June 1, 1988; 2010, ch. 24, § 133, effective July 15, 2010; 2010, ch. 114, § 1, effective July 15, 2010; 2017 ch. 117, § 10, effective June 29, 2017; 2018 ch. 29, § 22, effective July 14, 2018.

146.420. Establishment of system.

A state system of nature preserves is established. The system shall consist of nature preserves dedicated as provided in KRS 146.410 to 146.530 .

History. Enact. Acts 1976, ch. 118, § 4.

146.425. Kentucky Nature Preserves Commission. [Repealed]

HISTORY: Enact. Acts 1976, ch. 118, § 5; 1978, ch. 384, § 28, effective June 17, 1978; 1988, ch. 416, § 2, effective June 1, 1988; repealed by 2018 ch. 29, § 65, effective July 14, 2018.

146.430. Office of Kentucky Nature Preserves — Executive director — Employees.

  1. The Office of Kentucky Nature Preserves is hereby created within the office of the secretary to carry out the purposes of KRS 146.200 to 146.619 . In order to effectuate and administer KRS 146.200 to 146.619 , the secretary may appoint a full-time executive director who shall be qualified by training and experience to perform the duties of this office and carry out the purpose of KRS 146.200 to 146.619, and who shall hold office at the pleasure of the secretary. The salary of the director shall be determined by the secretary. The executive director shall employ and fix the compensation of such personnel as may be necessary to effectuate the provisions of KRS 146.200 to 146.619.
  2. The executive director shall, upon the advice and consent of the secretary, provide for the allocation of the work and activities of all employees of the office.
  3. If federal or other grant funds become available to pay their salaries, the executive director may appoint and employ other persons that may be deemed necessary or desirable to accomplish the purposes of KRS 146.200 to 146.619 . The executive director shall determine the compensation, duties, and terms of employment of these employees, and grant-funded, time-limited positions shall be approved by the secretary as needed. Employees whose salaries are funded through federal or other grant funds shall not be counted in any tally of permanent employees made for employee cap or budgetary purposes.

HISTORY: Enact. Acts 1976, ch. 118, § 23; 2017 ch. 117, § 11, effective June 29, 2017; 2018 ch. 29, § 23, effective July 14, 2018.

146.435. Advisors to office.

Representatives of such agencies, institutions, organizations or individuals as the office may determine may serve as advisors to the office with the privilege of discussion and debate. Such advisors may receive such compensation as is deemed appropriate by the office.

HISTORY: Enact. Acts 1976, ch. 118, § 6; 2018 ch. 29, § 24, effective July 14, 2018.

146.440. Uses and purposes of nature preserves and natural areas.

In order to secure for the people of the Commonwealth of Kentucky of present and future generations the benefits of an environment having one or more of the characteristics of a natural area, the office is hereby empowered to acquire in the name of the Commonwealth of Kentucky and to hold in trust for the benefit of the general public an adequate system of nature preserves and natural areas in the manner herein set forth, and for the following uses and purposes:

  1. For scientific research in such fields as, but not limited to, ecology, taxonomy, genetics, forestry, pharmacology, agriculture, soil science, geology, paleontology, ornithology, herpetology, mammalogy, biology, entomology, agronomy, conservation, and all other natural sciences;
  2. For the teaching of biology, natural history, ecology, geology, conservation and other related subjects;
  3. As habitats for plant and animal species and other natural objects;
  4. As reservoirs of natural materials;
  5. As places of natural interest and beauty;
  6. As living illustrations of our natural heritage wherein one may observe and experience natural biotic and ecological systems of the earth and their processes;
  7. To promote understanding and appreciation of the aesthetic, cultural, scientific and spiritual values of our unpolluted and unspoiled environment;
  8. For the preservation and protection of nature preserves against modification or encroachment resulting from occupation, development or other use which would destroy their natural or aesthetic conditions;
  9. As places where people may observe nature’s web of life and our natural heritage, and as reminders of the vital human dependence upon unspoiled natural areas.

HISTORY: Enact. Acts 1976, ch. 118, § 7; 2018 ch. 29, § 25, effective July 14, 2018.

146.445. Coordination of activities of office and cabinet.

The office and the cabinet shall coordinate the activities of the office and those of the cabinet in an effective and practical manner, allocating those activities and functions pertaining to preservation and use of natural areas to the office.

HISTORY: Enact. Acts 1976, ch. 118, § 8; 2018 ch. 29, § 26, effective July 14, 2018.

146.450. Powers and duties of office.

To effectuate the purposes of KRS 146.410 to 146.530 , the office has the powers and duties enumerated as follows:

  1. To enforce rules pertaining to public use of and activities on nature preserves, and on any real property held by the office;
  2. To acquire by gift, devise, purchase, grant, agreement, dedication, and transfer the fee simple title, or any lesser right or interest, in real property containing natural areas, including but not limited to leasehold estates, easements, and licenses granting to the office specified rights of use or licenses denying to the grantor specified rights of use, or both, and to dedicate the same to the system of nature preserves as provided in KRS 146.410 to 146.530 ;
  3. To dedicate in the manner provided for in KRS 146.410 to 146.530 real property held by it as nature preserves;
  4. To transfer from or to the office real property or any interests or rights therein.

HISTORY: Enact. Acts 1976, ch. 118, § 9; 2018 ch. 29, § 27, effective July 14, 2018.

146.455. Allocation of funds.

Funds available for use by the cabinet for land acquisition, or for other designated activities, if not otherwise restricted, may be allocated by the cabinet to the office for land acquisition, or other herein authorized activities.

HISTORY: Enact. Acts 1976, ch. 118, § 10; 2018 ch. 29, § 28, effective July 14, 2018.

146.460. Public register of natural areas.

The office shall establish and publish a public register of natural areas which shall include areas other than nature preserves considered by the office to be particularly worthy of preservation for the public purposes of present and future scientific research, education, scenic and aesthetic enjoyment or which provide habitat and protection for plant and animal species and communities and other natural features. No natural area shall be construed to be unworthy of preservation because it is not included in the register. Publication of the register is notice to all public agencies that the registered natural areas are worthy of preservation. No area so registered shall be a nature preserve unless and until it shall have been dedicated as provided for in KRS 146.410 to 146.530 .

HISTORY: Enact. Acts 1976, ch. 118, § 11; 2018 ch. 29, § 29, effective July 14, 2018.

146.465. Acquisition of land or interest in land — Buffer areas — Articles of dedication.

The office is authorized and empowered for and on behalf of the Commonwealth of Kentucky:

  1. To accept and administer gifts, grants, devises and bequests of money, securities or property to be used by the office for the purposes of KRS 146.200 to 146.619 .
  2. To acquire natural areas by gift, devise, purchase or exchange, provided that any interest owned by the Commonwealth or by any subdivision thereof may be dedicated only by voluntary act of the agency having jurisdiction thereof.
  3. To acquire the fee simple interest or any one or more lesser estates, interests and rights therein, including, but not limited to, leasehold estates, easements, and licenses either granting the Commonwealth specified rights of use or licenses denying to the grantor specified rights of use, or both. Lesser than fee simple estates, particularly scenic easements, should be sought in the establishment of trails or other narrow or elongated or extensive uses.
  4. For the purpose of protecting a nature preserve, adjoining land that is not otherwise suitable for dedication as part of the nature preserve may be dedicated as buffer area in the same manner as provided in KRS 146.410 to 146.530 for the dedication of a nature preserve. A dedicated buffer area shall have the same protection under KRS 146.410 to 146.530 as a nature preserve.
  5. An estate, interest or right in a natural area may be dedicated by any agency of the Commonwealth having jurisdiction thereof, by any other unit of government within the state having jurisdiction thereof, and by private owners thereof in the same manner as the ordinary conveyance of land. A dedication shall be deemed effective, and a natural area shall become a nature preserve only upon the acceptance of the articles of dedication by the office. Articles of dedication shall be placed on public record in the proper place for recording deeds in the county or counties in which the area is located, and with the office at its Frankfort office.
  6. Articles of dedication may contain restrictions relating to management, use, development, transfer, and public access, as well as such other provisions as may be necessary to further the purposes of KRS 146.410 to 146.530 . Specifically, the donor, devisor or grantor of the preserve may prescribe the places where, and the means by which, the public may secure access to the preserve so as to protect the preserve from overuse and maintain the unencumbered private use of undedicated lands adjoining the preserve. The articles may likewise provide penalties and procedures to be applied in case of violation of their provisions. The articles may recognize and create reversionary rights, transfers upon conditions, and gifts. The articles may vary in provisions from one nature preserve to another in accordance with differences in the characteristics and conditions of the areas involved, or for other reasons found necessary by the office and the landowner.
  7. Upon such terms and conditions as the office may determine, the office may enter into amendments of any articles of dedication upon a finding by the office that such amendments will not permit an impairment, disturbance, use or development of the area inconsistent with the purposes of the articles of dedication or of KRS 146.410 to 146.530 ; provided, however, that if the fee simple interest in the area is not held by the Commonwealth of Kentucky under KRS 146.410 to 146.530 , no amendment shall be made without the written consent of the owner or owners of the other interests therein.

HISTORY: Enact. Acts 1976, ch. 118, § 12; 2018 ch. 29, § 30, effective July 14, 2018.

Opinions of Attorney General.

The Nature Preserves Commission may enforce the restrictions found in the Articles of Dedication for the Six Mile Island Nature Preserve as they relate to the submerged land surrounding the island that is included in the buffer zone leased from the county. OAG 87-78 .

146.470. Dedication of areas as nature preserves.

Public departments, commissions, boards, counties, municipalities, corporations, colleges, universities and all other agencies and instrumentalities of the Commonwealth and its political subdivisions are empowered, and urged to dedicate suitable areas within their jurisdictions as nature preserves.

History. Enact. Acts 1976, ch. 118, § 13.

146.475. Nature preserves to be held in trust.

The fee simple estates, or lesser interests, or other contractual rights held as nature preserves are hereby declared to be held in trust, in the name of the Commonwealth, for those uses and purposes expressed in KRS 146.410 to 146.530 which are not prohibited by the articles of dedication, for the benefit of the people of the Commonwealth of Kentucky of present and future generations and are declared to be put to their highest, best and most important use for the public benefit. Said estates, interests, or rights held as nature preserves shall be managed and protected in the manner approved by, and subject to the rules and regulations established by the office, and they shall not be taken by another public body through eminent domain or otherwise for any other use, except after a finding by the office of the existence of an imperative and unavoidable public necessity for such other public use. Except as may otherwise be provided in the articles of dedication, the office may grant or dispose of an estate, interest or right held in a nature preserve only after a finding by the office of the existence of an imperative and unavoidable public necessity for such grant or disposition; provided however, that where less than a fee simple interest has been dedicated, such disposition or grant shall also require the written consent of the owner or owners of the other interests therein.

HISTORY: Enact. Acts 1976, ch. 118, § 14; 2018 ch. 29, § 31, effective July 14, 2018.

146.480. Notification by office of proposed action.

Before the office shall make any findings of the existence of an imperative and unavoidable public necessity, or shall grant or dispose of any estate, interest or right in a nature preserve, or shall enter into any amendment of any articles of dedication, it shall give notice of such proposed action in accordance with Chapter 424 of the Kentucky Revised Statutes.

HISTORY: Enact. Acts 1976, ch. 118, § 15; 2018 ch. 29, § 32, effective July 14, 2018.

146.485. Powers and duties of office.

In furtherance of the purposes of KRS 146.410 to 146.530 , the office shall have the following additional powers and duties:

  1. To seek and approve the dedication of nature preserves as part of the system;
  2. To make and publish policies and rules, and to recommend to the secretary the promulgation of administrative regulations for the selection, acquisition, management, protection, and use of natural areas and nature preserves, and for the conduct of office affairs;
  3. To cooperate with and to contract with any public body of this state, any public body of any other state, any private organization, any individual, and the federal government and its agencies;
  4. To purchase land from a willing seller without the use of the powers of condemnation or eminent domain, which said powers are expressly denied to the office;
  5. To make reasonable investigations as to the ownership of any lands which it judges may be appropriate for acquisition;
  6. To maintain a state registry of natural areas, an inventory of natural types, flora, and fauna, and other records of natural areas and nature preserves within the Commonwealth;
  7. To promote the coordination of all departments, divisions and branches of state, county and city governments within the Commonwealth which relate to nature preserves;
  8. To study the operation of all laws, rules, regulations, orders, and governmental policies affecting conservation of natural resources pertaining to natural areas, and to recommend to the Governor, and to the General Assembly, new legislation, rules, regulations, orders and policies in the interest of correcting natural resource conservation problems pertaining to natural areas and nature preserves;
  9. To provide a central clearing house of information for environmental and conservation matters and to promote educational programs pertaining to natural areas and nature preserves;
  10. To conduct research, investigations, public hearings, and interpretative programs and to publish and disseminate information to the general public pertaining to natural areas and nature preserves;
  11. To supervise the protection, management, and use of nature preserves and to enforce and administer rules and regulations pertaining thereto;
  12. To promote, study, investigate, recommend, encourage, advise and assist in the preservation, protection, and management of natural areas;
  13. To report to the Governor and General Assembly on proposed legislation, policies, regulations, or actions, public or private, which may significantly affect the quality of the natural ecology or the human environment in the Commonwealth. Such report shall include an evaluation of environmental and ecological effects, and shall compare any adverse effects of the proposed action against possible social benefits. The report shall describe and recommend appropriate alternatives, which avoid significant adverse effects on the quality of the natural ecology of natural areas;
  14. To submit to the Governor and members of the General Assembly, a report on or before October 1 of each even-numbered year, detailing the condition of each nature preserve in the system, and each registered natural area, and make other reports and recommendations as it may deem advisable.

HISTORY: Enact. Acts 1976, ch. 118, § 16; 2017 ch. 117, § 12, effective June 29, 2017; 2018 ch. 29, § 33, effective July 14, 2018.

Opinions of Attorney General.

Proposed regulations of the Commission were invalid to the extent that they purported to confer upon the Kentucky Nature Preserves Commission the power to designate certain species of flora or fauna as “endangered,” “threatened” or of “special concern” as such designation exceeded the authority conferred upon the Commission. OAG 84-233 .

The maintaining of an inventory of natural flora and fauna is incidental to the primary function of the Commission of establishing and monitoring a system of nature preserves; in making such an inventory the Commission would list the types and quantity of various species but it could not make determinations as to whether the species was in danger of extinction or likely to become endangered. The Legislature has granted the authority to make such designation concerning fauna or wildlife to the Department of Fish and Wildlife Resources but has apparently not delegated the authority to make such designation concerning flora or plant life to any government agency. OAG 84-233 .

146.490. Custody of nature preserve.

An owner of an area which is dedicated as a nature preserve may retain custody thereof, or may designate a custodian, subject to the rules and regulations of the office. If the owner or custodian declines, is unable, or fails to administer and manage the nature preserve in accordance with the articles of dedication, the office shall undertake such custodial functions as may be necessary for the protection, maintenance, and use of the nature preserve until the disability is removed. Whenever feasible, and consistent with the articles of dedication, the office shall vest custody of a nature preserve in the former owner, a private organization or an individual.

HISTORY: Enact. Acts 1976, ch. 118, § 17; 2018 ch. 29, § 34, effective July 14, 2018.

146.495. Custody, maintenance, and operation.

The office may, with the approval of the cabinet, transfer title, lease, or assign custody or other interest or right therein, or contract for the custody, maintenance, and operation of a nature preserve or other real property with another public agency or private organization. Such transfer, lease, assignment or contract must be consistent with the purposes of KRS 146.410 to 146.530 .

HISTORY: Enact. Acts 1976, ch. 118, § 18; 2018 ch. 29, § 35, effective July 14, 2018.

146.500. Tax assessments.

Where an interest in real property less than fee simple is dedicated for the purposes of KRS 146.410 to 146.530 , assessments made on the property for taxation shall reflect any change in the market value of the property which may result from the interest so dedicated. The value of the interest so dedicated shall be exempt from property taxation.

History. Enact. Acts 1976, ch. 118, § 19.

146.505. Dedication or acquisition of land for nature preserve.

All units, departments, agencies, and instrumentalities of the Commonwealth, including, but not limited to, counties, municipalities, public corporations, boards, commissions, colleges, and universities, are empowered and urged to dedicate as nature preserves suitable areas or portions of areas within their jurisdiction; all counties and municipalities within the Commonwealth shall have the authority to acquire any interest in real property for the purposes described in KRS 146.410 to 146.530 .

History. Enact. Acts 1976, ch. 118, § 20.

146.507. Acquisition or dedication of less than a fee simple estate in land.

Where the acquisition or dedication of less than a fee simple estate in land is proposed, and the mineral estate is severed from the surface, the consent of the owner of the mineral estate shall be provided to the office prior to approval of the acquisition or dedication.

HISTORY: Enact. Acts 1988, ch. 416, § 3, effective June 1, 1988; 2018 ch. 29, § 36, effective July 14, 2018.

146.510. Construction of KRS 146.410 to 146.530.

  1. Nothing contained in KRS 146.410 to 146.530 shall be construed as interfering with the purposes stated in the establishment of any national, state or local park, preserve, wildlife refuge, wildlife management area, forest or other similar area or the proper management and development thereof, except that any agency administering a natural area dedicated as a nature preserve under the provisions of KRS 146.410 to 146.530 shall be responsible for preserving the character of the natural area in accordance with the articles of dedication and the applicable rules and regulations with respect thereto established by the office under KRS 146.410 to 146.530.
  2. Neither the dedication of a natural area as a nature preserve, nor any action taken by the office under any of the provisions of KRS 146.410 to 146.530 , shall void or replace any protective status under law which the natural area would have were it not a nature preserve, and the protective provisions of KRS 146.410 to 146.530 shall be supplemental thereto.

HISTORY: Enact. Acts 1976, ch. 118, § 21; 2018 ch. 29, § 37, effective July 14, 2018.

146.515. Cooperation of state agencies — Access to state and local government records.

  1. All departments, agencies, officers and employees of the Commonwealth shall cooperate with the office and its employees in carrying out its functions under KRS 146.410 to 146.530 .
  2. The executive director or any employee authorized by the executive director shall, for purposes of KRS 146.410 to 146.530 , have complete and timely access to all records of every agency, division or department of state, county or city government within the Commonwealth. Nothing in this section shall be construed to permit the office to disclose those matters which by law are required to be kept confidential.

HISTORY: Enact. Acts 1976, ch. 118, § 22; 2018 ch. 29, § 38, effective July 14, 2018.

146.520. Nature preserves fund created.

A fund for the purpose of carrying out the provisions of KRS 146.410 to 146.530 is hereby created and is designated the “Kentucky nature preserves fund” and shall consist of all revenues derived from privileges, concessions, and contracts granted by the office, and all moneys received by it from gifts, contributions, donations and grants from governmental or private sources, and moneys appropriated from general funds of the state for the purposes of KRS 146.410 to 146.530 . The Kentucky nature preserves fund shall be disbursed by the office, for administration and other expenses and for all purposes provided by KRS 146.410 to 146.530.

HISTORY: Enact. Acts 1976, ch. 118, § 24; 2018 ch. 29, § 39, effective July 14, 2018.

146.525. Office of Legal Services or Attorney General to bring legal action.

It shall be the duty of the cabinet’s Office of Legal Services, or upon the secretary’s request of the Attorney General, to bring any appropriate legal action in the name of the Commonwealth of Kentucky, including but not limited to, actions for restraining orders, or for temporary or permanent injunctions for the prevention or correction of conditions which constitute a violation of KRS 146.200 to 146.619 or the provisions of the articles of dedication.

HISTORY: Enact. Acts 1976, ch. 118, § 25; 2018 ch. 29, § 40, effective July 14, 2018.

146.530. Appeals.

Administrative appeals from any order or final determination by the office under KRS 146.410 to 146.530 shall be made in accordance with procedures established by regulations of the office.

HISTORY: Enact. Acts 1976, ch. 118, § 28; 2018 ch. 29, § 41, effective July 14, 2018.

146.535. Title.

KRS 146.410 to 146.530 shall be known and may be cited as the “Kentucky Nature Preserves Act.”

History. Enact. Acts 1976, ch. 118, § 1.

Heritage Land Conservation

146.550. Definitions for KRS 146.550 to 146.570.

As used in KRS 146.550 to 146.570 :

  1. “Wetlands” means land that has a predominance of hydric soils and is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions;
  2. “Hydric soils” means soils that, in their undrained condition, are saturated, flooded, or ponded long enough during the growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophytic vegetation;
  3. “Hydrophytic vegetation” means a plant growing in water or a substrate that is at least periodically deficient of oxygen during the growing season as a result of excess water content;
  4. “Office” means the Office of Kentucky Nature Preserves; and
  5. “Cabinet” means the Energy and Environment Cabinet.

HISTORY: Enact. Acts 1990, ch. 446, § 3, effective July 13, 1990; 2018 ch. 29, § 42, effective July 14, 2018.

Research References and Practice Aids

Journal of Natural Resources & Environmental Law.

Notes, A Dark and Bloody Battle Ground: Wetlands Preservation in Kentucky, 11 J. Nat. Resources & Envtl. L. 303 (1995-96).

146.555. Legislative finding.

The General Assembly hereby recognizes the benefit to the citizens of Kentucky of the acquisition and maintenance of certain lands for use as state parks, recreation areas, state forests, nature preserves, wildlife management areas, and wetlands. It is, therefore, in the public interest to promote and fund the conservation of such areas.

History. Enact. Acts 1990, ch. 446, § 1, effective July 13, 1990.

146.560. Kentucky Heritage Land Conservation Fund Board.

  1. There is hereby established a Kentucky Heritage Land Conservation Fund Board, referred to hereafter as “the board,” which shall administer the Kentucky Heritage Land Conservation fund established in KRS 146.570 and shall review and approve all grants payable from the fund. The board shall consist of the following members:
    1. The commissioner of the Department of Parks or a designee;
    2. The executive director of the Office of Kentucky Nature Preserves or a designee;
    3. The commissioner of the Department for Natural Resources or a designee;
    4. The commissioner of the Department of Fish and Wildlife Resources or a designee;
    5. One (1) person appointed by the Governor, from two (2) persons nominated by the League of Kentucky Sportsmen;
    6. One (1) person appointed by the Governor, from two (2) persons recognized for their expertise in natural resource issues and nominated by the Kentucky Academy of Sciences;
    7. One (1) person appointed by the Governor, from three (3) persons nominated, one (1) by the Kentucky Farm Bureau, one (1) by the Commissioner of the Department of Agriculture, and one (1) by the Kentucky Association of Conservation Districts;
    8. One (1) person appointed by the Governor, from four (4) persons nominated, one (1) by the Kentucky Audubon Council, one (1) by the Cumberland Chapter of the Sierra Club, one (1) by the Kentucky Chapter of the Nature Conservancy, and one (1) by the Kentucky Conservation Committee; and
    9. One (1) person appointed by the Governor with at least five (5) years of experience in natural resources land acquisition. The board shall receive staff support from the Office of Kentucky Nature Preserves. Board members shall serve terms of three (3) years and they may be reappointed. A vacancy in an unexpired term shall be filled for the unexpired portion of the term in the same manner as the original appointment to that term. The Governor shall appoint a chairperson for the board, selected from seated members of the board.
  2. The cabinet may promulgate upon recommendation of the board in accordance with the provisions of KRS Chapter 13A administrative regulations as are deemed necessary for application for funds from the agencies and private, nonprofit land trust organizations identified in KRS 146.570 , review and approval of proposed projects, and review and approval of grants. Grants shall be made in amounts, for purposes, and to the agencies and private, nonprofit land trust organizations identified in KRS 146.570 as meet the priorities for acquisition which are:
    1. Natural areas that possess unique features such as habitat for rare and endangered species;
    2. Areas important to migratory birds;
    3. Areas that perform important natural functions that are subject to alteration or loss; or
    4. Areas to be preserved in their natural state for public use, outdoor recreation and education. The cabinet may promulgate administrative regulations, upon recommendation of the board and in accordance with the provisions of KRS Chapter 13A, on acquisition based on these priorities and property costs seeking to maximize the greatest public benefit by taking advantage of those priority areas available below fair market value and where public or private funds are available on a matching basis. Additionally, private, nonprofit land trust organizations, in order to be eligible to receive grants, shall match dollar-for-dollar any funds approved by the board. The board shall expend the whole or any part of the principal and interest as needed. KRS 146.550 to 146.570 shall not allow the use of condemnation powers and shall only allow acquisition of land from willing sellers.

HISTORY: Enact. Acts 1990, ch. 446, § 2, effective July 13, 1990; 1994, ch. 328, § 1, effective July 15, 1994; 1998, ch. 67, § 1, effective July 15, 1998; 2010, ch. 24, § 134, effective July 15, 2010; 2013, ch. 62, § 1, effective June 25, 2013; 2018 ch. 29, § 43, effective July 14, 2018.

Opinions of Attorney General.

Portion of this section requiring the appointment of two members of the General Assembly to the Kentucky Heritage Land Conservation Fund Board, whose duties pertain to the executive branch of government, is unconstitutional. OAG 93-70 .

146.565. Acquisition of natural areas and wetlands.

Agencies identified in KRS 146.570 may acquire natural areas and wetlands as defined in KRS 146.550 and shall acquire any access and buffer land deemed necessary by the Kentucky Heritage Land Conservation Fund Board established by KRS 146.560 . Acquisition of land and expenditure of funds using proceeds provided by KRS 146.570 shall be approved by the board prior to such action.

History. Enact. Acts 1990, ch. 446, § 4, effective July 13, 1990; 1994, ch. 328, § 2, effective July 15, 1994.

146.570. Kentucky Heritage Land Conservation fund.

  1. There is hereby established in the State Treasury a fund entitled “Kentucky Heritage Land Conservation fund.” The fund shall primarily receive state appropriations, gifts, grants, federal funds, and tax receipts. The fund shall be disbursed by the State Treasurer upon the warrant of the secretary of the Finance and Administration Cabinet. Moneys in the fund not expended at the end of a fiscal year shall be carried forward to the next fiscal year, and the fund shall not lapse. Moneys in the fund shall be invested in accordance with administrative regulations developed by the State Investment Commission in accordance with KRS 42.525 . Interest earnings shall accrue to the fund.
  2. The fund shall be attached for administrative, budgeting, and capital planning and reporting purposes to the Office of Kentucky Nature Preserves. Land acquisitions shall be authorized by the General Assembly and reported to the Capital Projects and Bond Oversight Committee in accordance with KRS 45.750 to 45.800 . Allocation of moneys as approved by the board for management of the lands shall be appropriated to each separate agency as part of its operating budget.
  3. Moneys in the fund shall be used exclusively for the purposes of acquisition and management of lands as defined in KRS 146.560 and for administration of the fund program by the office. Each recipient of moneys shall develop and implement a resource management plan for each tract acquired, and shall allocate some moneys received for management of lands acquired as directed by the board. Lands acquired shall be maintained in perpetuity for the purposes set out in KRS 146.560 .
  4. Moneys in the fund shall be allocated as follows:
    1. The Department of Parks shall receive ten percent (10%);
    2. The Department of Fish and Wildlife Resources shall receive ten percent (10%);
    3. The Energy and Environment Cabinet, Division of Forestry, shall receive ten percent (10%);
    4. Ten percent (10%) shall be allocated for the Wild Rivers System established by the Kentucky Wild Rivers Act, KRS 146.200 to 146.360 , and any administrative regulations promulgated pursuant thereto;
    5. The Office of Kentucky Nature Preserves shall receive ten percent (10%); and
    6. The board shall receive the remaining fifty percent (50%), for allocation to private, nonprofit land trust organizations, state agencies, local governments, and state colleges and universities. Any funds expended under this paragraph to private, nonprofit land trust organizations shall be matched dollar-for-dollar as required in KRS 146.560(2).

HISTORY: Enact. Acts 1990, ch. 446, § 5, effective July 13, 1990; 1994, ch. 328, § 3, effective July 15, 1994; 2010, ch. 24, § 135, effective July 15, 2010; 2013, ch. 62, § 2, effective June 25, 2013; 2018 ch. 29, § 44, effective July 14, 2018.

Endangered and Threatened Plants

146.600. Legislative findings.

The General Assembly finds and declares that it is the policy of the Commonwealth to recognize endangered and threatened species of plants for human enjoyment, for scientific purposes, and to ensure their perpetuation as viable components of their ecosystems for the benefit of the people of Kentucky. It is the policy of the General Assembly that all plants covered by KRS 146.600 to 146.619 are property of the landowner, and that KRS 146.600 to 146.619 shall not impede the development or use of public or private lands.

History. Enact. Acts 1994, ch. 164, § 1, effective July 15, 1994.

146.605. Definitions for KRS 146.600 to 146.619.

As used in KRS 146.600 to 146.619 :

  1. “Office” means the Office of Kentucky Nature Preserves, created by KRS 146.430 ;
  2. “Endangered species” means any species of plant that is in danger of extirpation throughout all or a significant portion of its range within the Commonwealth, or any plant species determined to be an “endangered species” pursuant to the Endangered Species Act;
  3. “Endangered Species Act” means the Endangered Species Act of 1973, Public Law 93-205 (87 Stat. 884), as amended;
  4. “Plant” means any member of the plant kingdom, including seeds, roots, and other parts thereof;
  5. “Species” includes any species, subspecies, or variety of plant;
  6. “Threatened species” means any species of plant likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range within the state, or any species of plant determined to be a “threatened species” pursuant to the Endangered Species Act; and
  7. “Cabinet” means the Energy and Environment Cabinet.

HISTORY: Enact. Acts 1994, ch. 164, § 2, effective July 15, 1994; 2018 ch. 29, § 45, effective July 14, 2018.

Compiler’s Notes.

The Endangered Species Act of 1973, Public Law 93-205, referenced herein is compiled as 16 USCS § 1531 et seq.

146.610. Duties of Office of Kentucky Nature Preserves — Authority for administrative regulations — Criteria for designation of plants as endangered or threatened — Plant lists — Quadrennial report.

  1. The office may conduct investigations, with the permission of the landowner, on any species of plants indigenous to the Commonwealth necessary to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data, and to determine protective measures and requirements necessary for its survival.
    1. Any plant species identified as endangered or threatened by the Endangered Species Act shall be automatically and immediately considered in a similar category under KRS 146.600 to 146.619 . The office may promulgate administrative regulations, upon recommendation of the office, identifying any other species of plant within the state as an endangered or threatened species as a result of any one (1) of the following factors: (2) (a) Any plant species identified as endangered or threatened by the Endangered Species Act shall be automatically and immediately considered in a similar category under KRS 146.600 to 146.619 . The office may promulgate administrative regulations, upon recommendation of the office, identifying any other species of plant within the state as an endangered or threatened species as a result of any one (1) of the following factors:
      1. The present or threatened destruction, modification, or curtailment of its habitat or range;
      2. Overutilization for commercial, recreational, scientific, educational, or private purposes;
      3. Disease, predation, or vandalism;
      4. The inadequacy of existing regulatory mechanisms affecting the continued existence within the state; or
      5. Other factors affecting its continued existence within the state.
    2. The cabinet may, upon recommendation of the office, promulgate administrative regulations setting forth criteria for identifying and designating species of plants native to Kentucky which are in danger of extirpation within the Commonwealth or threatened with becoming endangered in the Commonwealth. The cabinet may, upon recommendation of the office, promulgate administrative regulations that identify species that it determines to be endangered or threatened. These lists shall identify the common and scientific names of each species. The lists shall include all plant species native to Kentucky which are listed as endangered or threatened on the “United States List of Endangered and Threatened Plants” pursuant to the Endangered Species Act of 1973, 87 Stat. 884, 16 U.S.C. secs. 1531 -1543, as amended. The lists may also include species listed in the appendices of the “Convention on International Trade in Endangered Species,” signed March 3, 1973, as Ex. Doc. H, 93rd Congress, 1st Session. Further, the office may provide for public education purposes lists of plant species which may become threatened in the future through habitat loss, commercial exploitation, or other means, or which are presumed to be extirpated within the Commonwealth. All lists shall be updated at least every four (4) years.
  2. Locational and population health information relating to endangered or threatened and other plant species shall be kept in the office’s natural heritage database. Information to be considered when adopting, amending, or rescinding endangered or threatened plant species lists as required in this section shall be recorded in the natural heritage database prior to use in determining the status of a plant species.
  3. The office shall present to the Governor and the General Assembly a report on or before October 1 every four (4) years on the conditions and needs of the Commonwealth’s endangered or threatened plant species.
  4. In carrying out programs authorized by KRS 146.600 to 146.619 , the office may enter into agreements or contracts with federal agencies, other states, agencies or political subdivisions of the Commonwealth, or with individuals or private organizations for administration and management of any program established under KRS 146.600 to 146.619 or utilized for the protection of endangered or threatened plant species.

HISTORY: Enact. Acts 1994, ch. 164, § 3, effective July 15, 1994; 2018 ch. 29, § 46, effective July 14, 2018.

146.615. Lists not to impede development or use of public or private lands.

The lists promulgated under KRS 146.610 shall not serve to impede the development or use of public or private lands, including, but not limited to, the normal and accepted operations of agriculture; forestry; mining; development, construction, and maintenance of oil and gas resources and appurtenances; development, construction, and maintenance of utility facilities and appurtenances; construction and maintenance of pipeline rights-of-way; construction activities; equine activities; transportation; or development activities.

History. Enact. Acts 1994, ch. 164, § 4, effective July 15, 1994.

146.619. Short title for KRS 146.600 to 146.619.

KRS 146.600 to 146.619 may be cited as the “Kentucky Rare Plant Recognition Act.”

History. Enact. Acts 1994, ch. 164, § 5, effective July 15, 1994.

Kentucky Natural History Museum

146.650. Legislative findings regarding state’s natural history — Purposes of KRS 146.650 to 146.666. [Repealed]

History. Enact. Acts 2000, ch. 329, § 1, effective July 14, 2000; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler's Notes

This section (Enact. Acts 2000, ch. 329, § 1, effective July 14, 2000) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

146.652. Kentucky Natural History Museum — Board of directors — Appointments, terms, and meetings. [Repealed]

History. Enact. Acts 2000, ch. 329, § 2, effective July 14, 2000; 2015 ch. 69, § 3, effective June 24, 2015; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler's Notes

This section ( 2000, ch. 329, § 2, effective July 14, 2000); ) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

146.654. Powers and duties of board. [Repealed]

History. Enact. Acts 2000, ch. 329, § 3, effective July 14, 2000; 2006, ch. 211, § 18, effective July 12, 2006; 2009, ch. 16, § 15, effective June 25, 2009; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler's Notes

This section ( 2000, ch. 329, § 3, effective July 14, 2000; Acts 2006 ch. 211, § 18, effective July 12, 2006; 2009, ch. 16, § 15, effective June 25, 2009) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

146.656. Director to administer museum — Qualifications. [Repealed]

History. Enact. Acts 2000, ch. 329, § 4, effective July 14, 2000; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler's Notes

This section ( 2000, ch. 329, § 4, effective July 14, 2000) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

146.658. Duties of director. [Repealed]

History. Enact. Acts 2000, ch. 329, § 5, effective July 14, 2000; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler's Notes

This section ( 2000, ch. 329, § 5, effective July 14, 2000) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

146.660. Administrative mission units of museum — Associate directors. [Repealed]

History. Enact. Acts 2000, ch. 329, § 6, effective July 14, 2000; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler's Notes

This section ( 2000, ch. 329, § 6, effective July 14, 2000) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

146.662. Curation and science unit — Functions — Qualifications of associate director. [Repealed]

History. Enact. Acts 2000, ch. 329, § 7, effective July 14, 2000; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler's Notes

This section ( 2000, ch. 329, § 7, effective July 14, 2000) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

146.664. Education and events unit — Functions — Qualifications of associate director. [Repealed]

History. Enact. Acts 2000, ch. 329, § 8, effective July 14, 2000; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler's Notes

This section ( 2000, ch. 329, § 8, effective July 14, 2000) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

146.666. Exhibits and maintenance unit — Functions — Qualifications of associate director. [Repealed]

History. Enact. Acts 2000, ch. 329, § 9, effective July 14, 2000; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler's Notes

This section ( 2000, ch. 329, § 9, effective July 14, 2000) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

Penalties

146.990. Penalties.

  1. Any person, corporation, city, county or other governmental subdivision who violates any of the provisions of KRS 146.200 to 146.360 shall be liable to a civil penalty of not more than one thousand dollars ($1,000) for said violation and in addition may be enjoined from continuing said violation. Each day upon which such violation occurs or continues shall constitute a separate offense.
  2. Any person who trespasses on private land within the boundary of a designated wild river shall be guilty of a Class B misdemeanor, and upon conviction shall be subject to a fine not to exceed five thousand dollars ($5,000).
  3. Violations of KRS 146.410 to 146.530 or of any rule or regulation adopted and published by the office pursuant to the provisions of KRS 146.410 to 146.530 , shall be subject to the penalties and sanctions presently provided for in KRS Chapter 224 or as may be amended.

HISTORY: Enact. Acts 1972, ch. 117, § 17; 1976, ch. 118, § 27; 1976, ch. 197, § 6 (2nd sentence); 2018 ch. 29, § 47, effective July 14, 2018.

CHAPTER 147 State and Area Planning — Regional Development

Kentucky Progress Commission

147.010. Organization of Kentucky Progress Commission. [Repealed.]

Compiler’s Notes.

This section (3941k-1, 4618-126: amend. Acts 1948, ch. 222, § 7; 1966, ch. 255, § 140) was repealed by Acts 1974, ch. 74, Art. VIII, F, § 3.

147.020. Qualifications of members of commission. [Repealed.]

Compiler’s Notes.

This section (3941k-2) was repealed by Acts 1974, ch. 74, Art. VIII, F, § 3.

147.030. Officers of commission. [Repealed.]

Compiler’s Notes.

This section (3941k-1, 3941k-6, 4618-126: amend. Acts 1966, ch. 255, § 141) was repealed by Acts 1974, ch. 74, Art. VIII, F, § 3.

147.040. Location of office of commission. [Repealed.]

Compiler’s Notes.

This section (3941k-7) was repealed by Acts 1974, ch. 74, Art. VIII, F, § 3.

147.050. Functions of commission. [Repealed.]

Compiler’s Notes.

This section (3941k-8) was repealed by Acts 1974, ch. 74, Art. VIII, F, § 3.

147.060. Kentucky progress association — Expenses of commission. [Repealed.]

Compiler’s Notes.

This section (3941k-4) was repealed by Acts 1974, ch. 74, Art. VIII, F, § 3.

State Planning

147.070. State planning functions of Governor’s Cabinet.

  1. The Governor’s Cabinet shall:
    1. Prepare and adopt plans for complete systems of state or regional highways, expressways, parkways, parks, water supply and forest reservations, airways and air terminals, and other things of significance in furthering a well balanced development of the state.
    2. Advise with state agencies, local authorities and individuals with a view to the coordination of all physical development plans that are related to state activities.
    3. Make surveys of rural land utilization with a view to the determination of the areas suitable for field crops, reforestation, watershed protection, recreation and urban expansion.
    4. Draft for submission to the General Assembly such regulations affecting the use and development of property as are deemed reasonable and necessary for orderly and coordinated developments preserving the integrity of officially approved plans or conserving the natural resources of the state.
    5. Collect and publish information relating to welfare problems affecting the people of the state and make such recommendations on those problems to the General Assembly as may seem advisable and proper.
    6. Cooperate with planning boards of other states and the national planning board.
    7. Act as a research broker in assisting state government to meet its research needs and to perform such functions also upon request from local governments.
  2. The cabinet shall have such powers as are necessary to promote state planning and to enable it to carry out the purposes of KRS 147.070 to 147.100 .
  3. All public officials shall upon request furnish to the Governor’s Cabinet, within a reasonable time, such available information as it may require for its work. The members and employees of the cabinet may, in the performance of their functions, enter upon any land, make examinations and surveys and place and maintain necessary monuments and marks thereon.
  4. Every state officer or agency, before requesting legislative or executive approval of a plan or authorization of an appropriation for a major public improvement related to or affected by any general plan prepared under authority of KRS 147.070 to 147.100 , or before requesting a change of use or disposition of real property that is owned by the state or in which the state has an interest, shall make a written request to the Governor’s Cabinet for its recommendations, and shall give the cabinet a reasonable opportunity to study and make its recommendations thereon.

History. 1992c-2: amend. Acts 1976, ch. 299, § 10.

Opinions of Attorney General.

The Commonwealth of Kentucky, acting by and through the Kentucky Program Development Office, is authorized to form an urban information and technical assistance program for Kentucky, and to accept federal funds therefor, under Title IX of the Demonstration Cities and Metropolitan Act of 1966. OAG 68-189 .

The Commonwealth of Kentucky, acting through its Kentucky Program Development Office, (a) is eligible as designee under § 802(b)(4) of Title VIII, Part I, of the Housing Act of 1964, as amended, (b) is authorized to finance and carry out the activities proposed and contemplated under this legislation, (c) has the authority and responsibility for administration of a statewide training and research program, and (d) is authorized to accept federal funds for these purposes. OAG 68-190 .

The Kentucky Program Development Office has authority to conduct comprehensive statewide planning which would include planning for water and sewerage projects. OAG 70-460 .

The Kentucky Program Development Office has the legal authority to enter into contracts with agencies of the United States government to conduct and carry out water and sewerage planning on behalf of Kentucky counties, cities, and local planning commissions. OAG 70-460 .

Research References and Practice Aids

Cross-References.

Cooperation between state departments, KRS 12.090 .

Governor’s cabinet, KRS 11.060 .

Soil and water conservation, KRS ch. 262.

State and federal highways, KRS ch. 177.

Kentucky Law Journal.

Ausness, Water Use Permits in a Riparian State: Problems, 66 Ky. L.J. 191 (1977-1978).

147.072. Office for program administration — Organization and duties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 299, § 11; 1978, ch. 155, § 65, effective June 17, 1978; 1980, ch. 295, § 17, effective July 15, 1980; 1982, ch. 393, § 47, effective July 15, 1982) was repealed by Acts 1984, ch. 186, § 4, effective July 13, 1984.

147.075. State Planning Committee.

As used in KRS 147.070 to 147.120 the term “Governor’s Cabinet” shall mean the “Governor’s Executive Cabinet” and such other persons as the Governor may designate to compose the membership of the “State Planning Committee.” The Governor shall serve as chairman of the State Planning Committee, and shall appoint a vice chairman from committee membership at his or her discretion. The special assistant to the Governor for budget and management shall serve as secretary.

History. Enact. Acts 1974, ch. 74, Art. VIII, J, § 1; 1976, ch. 299, § 12; 1978, ch. 155, § 66, effective June 17, 1978; 1980, ch. 295, § 18, effective July 15, 1980; 1982, ch. 396, § 11, effective July 15, 1982; 1984, ch. 186, § 3, effective July 13, 1984; 2004, ch. 105, § 1, effective July 13, 2004.

147.080. Plans for development of state highways and parkways. [Repealed.]

Compiler’s Notes.

This section (1992c-3: amend. Acts 1974, ch. 190, § 1) was repealed by Acts 1986, ch. 55, § 1, effective July 15, 1986.

147.090. Preparation and coordination of major state improvement projects.

The Governor’s Cabinet shall prepare and keep up to date a long-term development program of major state improvement projects. The various state agencies and officers shall prepare and submit to the cabinet their proposals for major projects. The cabinet shall coordinate such plans and proposals with each other and with the general plans of the cabinet, and as a result submit to the Governor and General Assembly a report at least once every two (2) years, showing the cabinet’s recommendations and program for improvement projects.

History. 1992c-4.

147.100. Miscellaneous projects.

The Governor’s Cabinet may make maps, planning studies and surveys relating to zoning, soil conditions, land use and classification, population distribution, schools, park and playground development, port, harbor and waterway work, parkways, highways, traffic, transit, water supply, drainage and sewerage, long-range financial programs, real property inventories, tax maps, building and housing conditions, subdivision control, and other subjects affecting the general health and welfare.

History. 1992c-5.

147.110. Use of federal funds and state planning funds.

Department heads and cabinet secretaries may accept any funds provided by the United States government or any agency thereof for the purposes defined in KRS 147.070 to 147.100 . The state planning committee may allocate funds appropriated to the state planning fund to agencies for the purpose of matching federal funds which may be available for planning purposes.

History. 1992c-6: amend. Acts 1974, ch. 190, § 2.

Opinions of Attorney General.

The Commonwealth of Kentucky, acting by and through the Kentucky Program Development Office, is authorized to form an urban information and technical assistance program for Kentucky, and to accept federal funds therefor, under Title IX of the Demonstration Cities and Metropolitan Act of 1966. OAG 68-189 .

The Commonwealth of Kentucky, acting through its Kentucky Program Development Office, (a) is eligible as designee under § 802(b)(4) of Title VIII, Part I, of the Housing Act of 1964, as amended, (b) is authorized to finance and carry out the activities proposed and contemplated under this legislation, (c) has the authority and responsibility for administration of a statewide training and research program, and (d) is authorized to accept federal funds for these purposes. OAG 68-190 .

147.120. Records — Employees — Expenses.

The Governor’s Cabinet shall keep permanent and complete records of its proceedings, orders and decisions, and may employ persons necessary to the exercise of its functions, under KRS 147.070 to 147.100 , and pay their compensation and incur any necessary expenses, within the limits of any funds provided by the United States government.

History. 1992c-1.

147.130. Creation and membership of regional planning commission. [Repealed.]

Compiler’s Notes.

This section (2741zz-1, 2741zz-26) was repealed by Acts 1966, ch. 172, § 92.

147.140. City planning law applies; finances of commission. [Repealed.]

Compiler’s Notes.

This section (2741zz-1, 2741zz-27) was repealed by Acts 1966, ch. 172, § 92.

147.150. Powers and duties of the commission. [Repealed.]

Compiler’s Notes.

This section (2741zz-1, 2741zz-28) was repealed by Acts 1966, ch. 172, § 92.

147.160. Certification of regional plan. [Repealed.]

Compiler’s Notes.

This section (2741zz-1, 2741zz-29) was repealed by Acts 1966, ch. 172, § 92.

147.170. Adoption of regional plan by cities. [Repealed.]

Compiler’s Notes.

This section (2741zz-1, 2741zz-30) was repealed by Acts 1966, ch. 172, § 92.

147.180. Structures subject to plan must be approved. [Repealed.]

Compiler’s Notes.

This section (2741zz-1, 2741zz-31) was repealed by Acts 1966, ch. 172, § 92.

147.190. Creation and purpose of Capital Planning and Zoning Commission. [Repealed.]

Compiler’s Notes.

This section (3480f-1) was repealed by Acts 1960, ch. 130, § 19.

147.200. Membership of commission. [Repealed.]

Compiler’s Notes.

This section (3480f-2; amend. Acts 1948, ch. 222, § 8; 1950, ch. 214, § 1) was repealed by Acts 1960, ch. 130, § 19.

147.210. Bylaws; regulations; quorum. [Repealed.]

Compiler’s Notes.

This section (3480f-3) was repealed by Acts 1960, ch. 130, § 19.

147.220. Powers and duties of commission; scope of operation; master plan; zoning plan and regulations; subdivision control regulations. [Repealed.]

Compiler’s Notes.

This section (3480f-4, 3480f-6, 3480f-7: amend. Acts 1950, ch. 214, § 2) was repealed by Acts 1960, ch. 130, § 19.

147.230. Employment of assistants by commission; expenses. [Repealed.]

Compiler’s Notes.

This section (3480f-5: amend. Acts 1950, ch. 214, § 3) was repealed by Acts 1960, ch. 130, § 19.

147.240. Power of eminent domain; acquisition of property. [Repealed.]

Compiler’s Notes.

This section (3480f-6) was repealed by Acts 1960, ch. 130, § 19.

147.245. Board of zoning adjustment and appeals. [Repealed.]

Compiler’s Notes.

This section (Enact. 1950, ch. 214, §§ 4, 8) was repealed by Acts 1960, ch. 130, § 19.

147.246. Powers, duties and procedures of board. [Repealed.]

Compiler’s Notes.

This section (Enact. 1950, ch. 214, § 5) was repealed by Acts 1960, ch. 130, § 19.

147.247. Appeals. [Repealed.]

Compiler’s Notes.

This section (Enact. 1950, ch. 214, § 7) was repealed by Acts 1960, ch. 130, § 19.

147.250. Regulations, effect of; penalties. [Repealed.]

Compiler’s Notes.

This section (3480f-7, 3084f-8, 3084f-9: amend. Acts 1950, ch. 214, § 6) was repealed by Acts 1960, ch. 130, § 19.

147.260. Agricultural and Industrial Development Board created; membership; chairman, qualifications; expenses; meetings; director; personnel. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 48, § 1) was repealed by Acts 1956 (1st Ex. Sess.), ch. 7, Art. IX, § 1.

147.270. Board to carry on program of research, publicity and advertising; coordinate activities of other agencies; encourage private organizations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 48, § 2) was repealed by Acts 1956 (1st Ex. Sess.), ch. 7, Art. IX, § 1.

147.280. Assembling and giving out of information concerning resources and facilities; information as to enterprises proposing to locate in Kentucky. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 48, § 3) was repealed by Acts 1956 (1st Ex. Sess.), ch. 7, Art. IX, § 1.

147.290. Publication of maps, studies and surveys. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 48, § 4) was repealed by Acts 1956 (1st Ex. Sess.), ch. 7, Art. IX, § 1.

147.300. Cooperation with other agencies and governmental units; studies of land utilization and physical and economic development. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 48, § 5) was repealed by Acts 1956 (1st Ex. Sess.), ch. 7, Art. IX, § 1.

147.310. Powers of board as to public improvement projects involving capital outlay. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 48, § 6) was repealed by Acts 1956 (1st Ex. Sess.), ch. 7, Art. IX, § 1.

147.320. Legislative intent. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 320, § 1) was repealed by Acts 1982, ch. 396, § 58, effective July 15, 1982.

147.330. Council for land use planning created — Membership. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 320, § 2) was repealed by Acts 1982, ch. 396, § 58, effective July 15, 1982.

147.340. Qualifications of members — Organization — Meetings. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 320, § 3; 1978, ch. 155, § 67, effective June 17, 1978) was repealed by Acts 1982, ch. 396, § 58, effective July 15, 1982.

147.350. Duties of council — Reports. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 320, § 4) was repealed by Acts 1982, ch. 396, § 58, effective July 15, 1982.

147.360. Authorization for acceptance of gifts and grants. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 320, § 3; 1978, ch. 155, § 41, effective June 17, 1978) was repealed by Acts 1982, ch. 396, § 58, effective July 15, 1982.

147.410. Creation and purpose of Capital Planning and Zoning Commission. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, § 1) was repealed by Acts 1966, ch. 172, § 92.

147.420. Commission membership; expenses. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, § 2) was repealed by Acts 1966, ch. 172, § 92.

147.430. Bylaws and regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, § 3) was repealed by Acts 1966, ch. 172, § 92.

147.440. Commission organization. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, § 4) was repealed by Acts 1966, ch. 172, § 92.

147.450. Commission personnel. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, § 5) was repealed by Acts 1966, ch. 172, § 92.

147.460. Fiscal provisions; debt limit. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, §§ 6 and 17) was repealed by Acts 1966, ch. 172, § 92.

147.470. Appropriation of money by governmental units. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, § 16) was repealed by Acts 1966, ch. 172, § 92.

147.480. Commission functions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, § 7) was repealed by Acts 1966, ch. 172, § 92.

147.490. Agricultural uses. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, § 18) was repealed by Acts 1966, ch. 172, § 92.

147.500. Preparation and promotion of master plan. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, § 8) was repealed by Acts 1966, ch. 172, § 92.

147.510. Transition to operation under KRS 147.410 to 147.570. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, § 9) was repealed by Acts 1966, ch. 172, § 92.

147.520. Power of eminent domain. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, § 10) was repealed by Acts 1966, ch. 172, § 92.

147.530. Legal counsel. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, § 11) was repealed by Acts 1966, ch. 172, § 92.

147.540. Board of zoning adjustment and appeals. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, § 12) was repealed by Acts 1966, ch. 172, § 92.

147.550. Zoning permits and certificates. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, § 13) was repealed by Acts 1966, ch. 172, § 92.

147.560. Appeals. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, § 14) was repealed by Acts 1966, ch. 172, § 92.

147.570. Effect of regulations; penalties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 130, § 15) was repealed by Acts 1966, ch. 172, § 92.

Regional Development

147.580. Southern Growth Policies Agreement. [Repealed]

HISTORY: Enact. Acts 1974, ch. 204, § 1; 1980, ch. 131, § 1, effective July 15, 1980; repealed by 2017 ch. 80, § 58, effective June 29, 2017; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler's Notes

This section (Enact. Acts 1974, ch. 204, § 1; 1980, ch. 131, § 1, effective July 15, 1980) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

147.585. Lieutenant Governor to be member of board. [Repealed]

History. Enact. Acts 1980, ch. 141, § 9, effective July 15, 1980; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler's Notes

This section (Enact. Acts 1980, ch. 141, § 9, effective July 15, 1980) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

Area Planning

147.610. Authority to establish area planning commission.

In any two (2) or more adjacent counties, one (1) of which has a city having a population of more than 50,000 and not more than 200,000 inhabitants as declared by the last federal census, the various cities and the counties may consolidate their planning operations by establishing an area planning commission which may be created under the provisions of KRS 147.610 to 147.705 , when in the judgment of the legislative bodies of the cities and counties a consolidation provides for a more efficient planning operation.

History. Enact. Acts 1960, ch. 248, § 1; 1968, ch. 152, § 110; 1974, ch. 308, § 30; 1982, ch. 253, § 1, effective July 15, 1982.

NOTES TO DECISIONS

1. Planning Commission was not Dissolved.

Appellant's suit challenging appellee's assessment and collection of ad valorem taxes on grounds it no longer met this section's requirements for an area planning commission was properly dismissed on summary judgment because pursuant to Ky. Rev. Stat. Ann. § 147.620(4), a county member's unilateral withdrawal did not dissolve appellee, which remained a viable political subdivision. Kuhnhein v. N. Ky. Area Planning Comm'n, 495 S.W.3d 152, 2015 Ky. App. LEXIS 136 (Ky. Ct. App. 2015).

Cited:

Moorman v. Wood, 504 F. Supp. 467, 1980 U.S. Dist. LEXIS 15429 (E.D. Ky. 1980 ).

Opinions of Attorney General.

Subject to certain limitations on their powers, individual counties participating in a consolidated planning commission may continue to maintain their individual planning commissions. OAG 70-424 .

147.620. Procedure for establishment, alteration, or dissolution of commission.

  1. If the fiscal courts of any two (2) or more adjacent counties elect to be consolidated as provided in KRS 147.610 , and the respective legislative bodies of cities representing more than two-thirds (2/3) of the population of the residents living within the boundaries of corporate territories of each county, by ordinance or resolution elect to consolidate as provided in KRS 147.610 , then the cities and counties so affected shall authorize the execution of a contract between themselves agreeing to participate in the creation of an area planning commission and agreeing to be governed by the provisions of KRS 147.610 to 147.705 . When a sufficient number of municipalities and counties have executed said agreement, copies shall be filed in the office of the clerk of each of the counties affected. Thereupon an area planning commission is established. If at some later date the fiscal court and the legislative bodies of cities representing more than two-thirds (2/3) of the population of the residents living within the boundaries of the corporate territory of another adjacent county elect to join the area planning commission, then the cities and county so affected shall authorize the execution of a contract between themselves agreeing to participate and be governed by the provisions of KRS 147.610 to 147.705 . The existing area planning council, as previously created under KRS 147.610 to 147.705 shall be empowered to execute an agreement accepting the new contract in behalf of the existing area planning council and commission. When such agreement is executed copies shall be filed in the office of the clerk of each of the counties affected. Thereupon the new area planning commission boundaries are established.
  2. Any area planning commission created under the provisions of KRS 147.610 to 147.705 may be dissolved or altered in accordance with subsection (3), (4), or (5) of this section.
  3. An area planning commission may be altered or dissolved by the fiscal court, as follows:
    1. Upon receipt of a petition and following a public hearing as provided herein, the fiscal court may alter the boundaries of an area planning commission by reducing its area, or may dissolve an area planning commission if that commission has for a period of two (2) consecutive years failed to provide the services for which it was established, or if all or a portion of such services have been provided by some other entity. The fiscal court of each member county of an area planning commission must vote to dissolve the commission before such dissolution may take effect.
    2. Upon receipt of a petition signed by at least twenty-five percent (25%) of the number of registered voters who voted in the last presidential election, the fiscal court shall schedule a public hearing on the matter of alteration or dissolution and advertise such hearing as provided in KRS 424.130 .
    3. The petition shall be in substantially the following form:
    4. At the hearing, the burden of proving that the commission is providing or taking substantial steps toward providing the services for which it was created, or that no other entity is providing the service, shall be upon the commission. In determining whether to alter, dissolve or to take no action in regard to the commission, the fiscal court shall consider testimony offered at the hearing and any other relevant information including but not limited to the following:
      1. Present and projected need for the service provided by the commission;
      2. Population density of the commission;
      3. Existence of alternate providers of services;
      4. Revenue base of the commission such as assessed valuation and bonding capacity; and
      5. Consequences of alteration of the commission’s boundaries on the effectiveness and efficiency of the commission.
    5. Within sixty (60) days following the hearing, the fiscal court shall set forth its written findings of fact in approving or disapproving the alteration or dissolution of the commission.
      1. If the fiscal court determines to dissolve the commission, it shall determine a method to satisfy any legal obligations of the commission which might be affected thereby. Upon satisfaction of its legal obligations, the commission shall be legally dissolved; any special ad valorem tax imposed by the commission shall be removed from the tax rolls by the county clerk; and any assets of the commission shall be assumed by the county.
      2. If the fiscal court determines to alter the boundaries of the commission, it shall draw the new boundaries of the commission and determine the proportional amount of existing legal obligations of the area which is to be excluded from the commission. Upon the satisfaction of such obligations, the new boundaries of the commission shall be legally effected and any affected taxpayer shall be removed from the tax rolls of the commission.
    6. If the final decision of the fiscal court or the Circuit Court, in the case of an appeal as provided for herein, is against the alteration or dissolution of the commission, no attempt to alter or dissolve the commission pursuant to this section shall be made within three (3) years of the decision.
    7. Any petitioner or member of the commission may, within thirty (30) days of the fiscal court’s decision, appeal an adverse finding of the fiscal court to the Circuit Court in the county containing the greater part of the commission. The Circuit Court shall review the decision of the fiscal court but shall reverse the decision only if such decision is found to be arbitrary or capricious. If the Circuit Court reverses the decision of the fiscal court by ordering the alteration or dissolution of the commission, it shall direct the fiscal court to determine, as provided in subsection (3)(e) of this section, a method for satisfying any legal obligations of the commission which might be affected thereby.
  4. An area planning commission may be dissolved by a referendum as follows:
    1. Persons seeking dissolution of the commission shall submit a petition to the county clerk signed by at least twenty-five percent (25%) of the number of registered voters who voted in the last presidential election.
    2. The petition shall be in substantially the following form:
    3. If the county clerk determines that the petition is in proper order, he shall certify the petition to the fiscal court. The fiscal court shall direct that the question be placed on the ballot at the next regular election if the question is submitted to the county clerk not later than the second Tuesday in August preceding the regular election. The fiscal court shall bear the costs of advertising and placing the question on the ballot.
    4. The county clerk shall advertise the question as provided in KRS Chapter 424 and shall prepare the question for the ballot. The ballot shall contain the following admonition to the voter: “The (name of the area planning commission) may have existing legal obligations which must be satisfied before the commission can be dissolved. The citizens residing within the area planning commission territory shall be responsible for the satisfaction of any obligations.” The question of the dissolution of the commission shall be placed on the ballot in substantially the following form:
    5. All registered voters shall be eligible to vote on the question of dissolution.
    6. In referendums under this section, provision shall be made for those opposing the dissolution of the commission to have equal representation with the proponents of the measure in the determination of eligibility of voters, and in the observance of canvassing and certifying of the returns.
    7. If a majority of those voting in the referendum as provided for herein, favor the dissolution of the commission, the commission shall, upon satisfaction of its legal obligations, be dissolved by the order of the fiscal court, any special ad valorem tax imposed by the commission shall be removed from the tax rolls by the county clerk and any assets of the commission shall be assumed by the county.
    8. If a majority of those voting in the referendum oppose the dissolution of the commission, no attempt to dissolve the commission pursuant to this section shall be made within five (5) years of the election.
    9. Each member county of an area planning commission must follow the procedures defined herein, before such dissolution may take effect.
    10. Any member county of an area planning commission may withdraw its membership after following the procedures defined herein. The commission shall continue to function after such withdrawals, with its boundaries consisting of the remaining county members. No county may withdraw from any commission unless it satisfies its part of all contractual obligations assumed by the commission prior to the passage of its resolution.
  5. Nothing contained herein shall be construed as prohibiting any county, which is included in the territory of an area planning commission, from withdrawing that county’s membership in an area planning commission, provided that the procedures for effectuating such withdrawal shall be in accordance with either subsection (3) or (4) of this section.

“The undersigned registered voters as determined by subsection (3)(b) of this section living within the area planning commission territory (and containing a description of the territory) hereby request that the fiscal court consider the alteration or dissolution of the area planning commission pursuant to this section.” The petition shall conspicuously state in laymen’s terms that any legal obligations of the commission must be satisfied before the commission can be dissolved and that the citizens residing within the area planning commission territory shall be responsible for the satisfaction of any obligations. Signatures on the petition shall be dated, the last no later than ninety (90) days after the first.

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“The undersigned registered voters as determined by subsection (4)(a) of this section, living within the area planning commission territory (and containing a description of the territory) hereby request that the question of the dissolution of the commission be put to a referendum.” The petition shall conspicuously state in laymen’s terms that any legal obligations of the commission must be satisfied before the commission can be dissolved and that citizens residing within the area planning commission territory shall be responsible for the satisfaction of any such obligations. Signatures on the petition shall be dated, the last no later than ninety (90) days after the first.

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“The (name of the area planning commission and containing a description of the commission’s territory) should be dissolved.” The voter shall vote “yes” or “no.”

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History. Enact. Acts 1960, ch. 248, § 2; 1974, ch. 359, § 5; 1982, ch. 253, § 2, effective July 15, 1982; 1996, ch. 195, § 55, effective July 15, 1996.

NOTES TO DECISIONS

  1. Recommendations Advisory.
  2. Planning Commission was not Dissolved.
1. Recommendations Advisory.

The controversy between local governments and area planning commissions as to which body’s power was supreme was resolved by the enactment of this section which determined that the planning commission’s reviews and recommendations were merely advisory and could be overridden by the local legislative body. Northern Kentucky Area Planning Com. v. Campbell County, 509 S.W.2d 277, 1974 Ky. LEXIS 562 ( Ky. 1974 ).

2. Planning Commission was not Dissolved.

Appellant's suit challenging appellee's assessment and collection of ad valorem taxes on grounds it no longer met Ky. Rev. Stat. Ann. § 147.610 's requirements for an area planning commission was properly dismissed on summary judgment because pursuant to this section, a county member's unilateral withdrawal did not dissolve appellee, which remained a viable political subdivision. Kuhnhein v. N. Ky. Area Planning Comm'n, 495 S.W.3d 152, 2015 Ky. App. LEXIS 136 (Ky. Ct. App. 2015).

Opinions of Attorney General.

If a majority of voters in a referendum held under this section favor the dissolution of an area planning commission in their county, any assets of the commission would be assumed by the county’s fiscal court upon the planning commission’s dissolution. OAG 82-582 .

147.630. Commission membership — Officers — Quorum — Meetings.

  1. The area planning commission as created under the provisions of KRS 147.610 to 147.705 shall be composed of not more than nine (9) members who shall be selected from governmental units participating in the existence of the area planning commission by the affirmative action of the area council hereinafter provided for.
  2. Of the initial membership five (5) members shall be elected for a term of two (2) years, and four (4) members for a term of one (1) year each, and upon the expiration of their respective terms the successors of each shall be elected for a term of two (2) years.
  3. At its first regular meeting in each year, the commission shall elect from its membership a chairman and a vice chairman. The vice chairman shall have the authority to act as the chairman during the absence of its chairman.
  4. The commission may appoint from within or without its own membership a secretary, prescribe his duties and fix his compensation.
  5. Members of the commission may be removed for cause by an affirmative action of the area council.
  6. Vacancies may be filled at any time by the affirmative action of the area council for the unexpired term existing.
  7. Each member of the commission, before entering upon his official duties, shall take and subscribe to an oath that he will honestly, faithfully, and impartially perform the duties of his office, and that he will not be interested in any contract let for the purpose of carrying out any of the provisions of KRS 147.610 to 147.705 . The oath shall be filed with the county clerk in the county of his residence.
  8. Each member of the commission shall give a good and sufficient bond, to be approved by the area council, conditioned upon the faithful and honest performance of his duties, and as security for all moneys coming into his hands or under his control. The cost of the bond shall be paid by the commission.
  9. A quorum shall consist of a majority of the members of the commission.
  10. The commission shall appoint a treasurer from within or without its membership, prescribe his duties and fix his compensation. The treasurer shall execute a good and sufficient bond, conditioned upon the faithful and honest performance of his duties and as security for all moneys coming into his hands or under his control. Said bond shall be in the penal sum of twenty-five thousand dollars ($25,000). The cost of the bond shall be paid by the commission.
  11. Meetings shall be held at the call of the chairman.

History. Enact. Acts 1960, ch. 248, § 3, effective June 16, 1960; 1978, ch. 384, § 286, effective June 17, 1978; 1982, ch. 353, § 3, effective July 15, 1982.

147.635. Budget — Annual audit — Compliance with KRS 65A.010 to 65A.090.

  1. An area planning commission created under the provisions of KRS 147.610 to 147.705 shall, not later than two (2) months prior to the first day of its fiscal year, submit a proposed budget detailing anticipated revenues and expenditures, and a proposed tax rate, to the area council for its approval on or before the first day of each such fiscal year.
  2. The area council shall contract with an independent, reputable certified public accountant to perform an audit of the records, books, and accounts of the area planning commission for each fiscal year.
  3. The area planning commission and area council shall comply with the provisions of KRS 65A.010 to 65A.090 .

History. Enact. Acts 1974, ch. 359, § 6; 1982, ch. 253, § 4, effective July 15, 1982; 2013, ch. 40, § 54, effective March 21, 2013.

147.640. Area council — Membership — Relation to commission.

  1. In order to provide more effective representation of the various governmental units participating in the creation of the area planning commission, an area council shall be created.
  2. The area council shall be composed of one (1) representative and one (1) alternate from each municipality and county within the area planning territory. Each such representative and alternate shall be appointed annually in the manner prescribed by law respecting appointments by such city or county.
  3. Only elected officials of each respective jurisdiction shall be eligible for appointment to the area planning council.
  4. At its first regular meeting in each year, the council shall elect from its membership a president and vice president. The vice president shall have the authority to act as president of the council during the absence or disability of the president.
  5. The council may appoint from within or without its own membership a secretary, prescribe his duties and fix his compensation.
  6. The council shall act in a supervisory and advisory capacity with the area planning commission created hereunder. All actions taken by the council must receive the affirmative vote of the following, if in attendance: two (2) counties or two (2) cities with a population equal to or greater than fifteen thousand (15,000) based upon the most recent federal decennial census or one (1) county and one (1) city with a population equal to or greater than fifteen thousand (15,000) based upon the most recent federal decennial census and a majority of the remaining membership in attendance for passage.
  7. The area council may budget in each year for the payment of a per diem for each member of the area planning commission not to exceed in any one (1) year the sum of one thousand dollars ($1,000) for each member.
  8. A quorum of the area council shall consist of a majority of its membership.

History. Enact. Acts 1960, ch. 248, § 4; 1974, ch. 359, § 1; 1982, ch. 253, § 5, effective July 15, 1982; 2014, ch. 92, § 220, effective January 1, 2015.

147.650. Effect on existing master plans — Local legislative body to state reasons for overriding recommendation of area planning commission. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 248, § 5; 1974, ch. 359, § 2) was repealed by Acts 1982, ch. 253, § 13, effective July 15, 1982.

147.660. Corporate character of commission — Power to levy tax and accept funds.

  1. The area planning commission created hereunder, when accepted by the cities and counties affected as provided for herein, shall then be a political subdivision and shall be in perpetual existence, with power to sue and be sued, contract and be contracted with, incur liabilities and obligations, levy an annual tax, which shall not exceed more than five cents ($0.05) upon each one hundred dollars ($100) of the assessed valuation of property within the counties affected, to be used for the purpose of defraying all expenses necessary and incidental to carry out the continuing activities of the area planning commission. This tax shall be certified to the auditors and county clerks of the various counties and by them to the respective treasurers of the counties, signator to the contract provided for in KRS 147.620 . The tax shall be based upon the last preceding assessment for state and county purposes. Its collection shall be imposed upon all property within the counties participating and shall conform to the collection of taxes for counties and the same provisions concerning the nonpayment of taxes shall apply. The tax shall be added by the county clerk to the next state and county tax bill following the levy of the tax by the area planning commission, and shall be collected concurrently with state and county taxes. The sheriff shall be allowed a fee not to exceed four percent (4%) for collection.
  2. In the performance of its duties, the area planning commission may cooperate with, contract with, or accept funds from federal, state, or local public or semipublic agencies, or private individuals or corporations within or without the Commonwealth, may expend such funds and may carry out such cooperative undertakings and contracts.

History. Enact. Acts 1960, ch. 248, § 6; 1968, ch. 168, § 1.

NOTES TO DECISIONS

  1. Construction.
  2. Tax Levy.
  3. Planning Commission was not Dissolved.
1. Construction.

The purpose of the 1968 amendment to this section was to make changes in the section with respect to matters other than the rate of tax, and it did not give the tax rate provision new vitality so as to impliedly repeal intervening other legislation such as the “rollback” law. Northern Kentucky Area Planning Com. v. Hensley, 468 S.W.2d 293, 1971 Ky. LEXIS 331 ( Ky. 1971 ).

Under KRS 147.660(1), area planning commissions were created as political subdivisions of the Commonwealth and subjected to the Whistleblower Act, KRS 61.101(2); because the Northern Kentucky Area Planning Commission was entitled to governmental immunity, the deputy director enjoyed its protections as well. N. Ky. Area Planning Comm'n v. Cloyd, 332 S.W.3d 91, 2010 Ky. App. LEXIS 7 (Ky. Ct. App. 2010).

2. Tax Levy.

Where an area planning commission changed its accounting basis from a calendar year to a fiscal year running from July 1 to June 30, in order to coordinate its fiscal year with that of the counties within its jurisdiction, the commission, in effectuating this change in accounting, had no authority to levy an additional ad valorem tax to finance a special fiscal year from January 1 to June 30, since that would have allowed the commission to receive one and one-half times its annual tax revenues. Kling v. Northern Kentucky Area Planning Com., 654 S.W.2d 606, 1983 Ky. LEXIS 261 ( Ky. 1983 ).

3. Planning Commission was not Dissolved.

Appellant's suit challenging appellee's assessment and collection of ad valorem taxes on grounds it no longer met Ky. Rev. Stat. Ann. § 147.610 's requirements for an area planning commission was properly dismissed on summary judgment because pursuant to Ky. Rev. Stat. Ann. § 147.620(4), a county member's unilateral withdrawal did not dissolve appellee, which remained a viable political subdivision. Kuhnhein v. N. Ky. Area Planning Comm'n, 495 S.W.3d 152, 2015 Ky. App. LEXIS 136 (Ky. Ct. App. 2015).

Opinions of Attorney General.

An area planning commission could not levy a tax rate which exceeded the compensating tax rate defined in KRS 132.010 . OAG 69-532 .

The creation of a special fiscal year by an area planning commission to bring its fiscal procedures into agreement with the fiscal procedures of the counties located within its jurisdiction and the levy of an ad valorem tax to finance the special fiscal year would be valid since subsection (1) of this section provides that the collection of its tax be done in conformity with the collection of county taxes, which, under KRS 68.060 can be done with reference to specific years or fractions thereof. OAG 81-355 .

Research References and Practice Aids

Kentucky Law Journal.

Stevens, Property Tax Revenue Assessment Levels and Taxing Rate: The Kentucky Rollback Law, 60 Ky. L.J. 105 (1971).

147.670. Additional powers and duties of commission.

The area planning commission shall have the power and duty to:

  1. Prepare an area-wide comprehensive plan of the entire area within its jurisdiction, which includes all territory incorporated and unincorporated within the counties signator thereto. The area-wide comprehensive plan shall include at least all comprehensive plan elements and research requirements prescribed in KRS Chapter 100, so that the planning commissions of local planning units as established under KRS Chapter 100 and their respective legislative bodies, may adopt all or parts of said area-wide comprehensive plan, as it applies to their respective areas of jurisdiction, as a means of fulfilling the applicable requirements of KRS Chapter 100. This area-wide comprehensive plan shall be reviewed and amended, if necessary, at least once every five (5) years;
  2. Appoint an executive director for the commission and fix his compensation. The director shall be qualified by training and experience in the field of planning and zoning;
  3. Upon written request of a city or county within the territory of the area planning commission, the area planning commission’s staff may prepare and submit for consideration to the appropriate local planning unit, zoning ordinances based on the comprehensive plans of such local planning unit. The area planning commission staff assigned to perform such work shall consult with the appropriate local planning unit as established under KRS Chapter 100, the city or county legislative bodies, and all property owners who are directly affected by any change in the zoning ordinance applicable to such local planning unit;
  4. Prescribe the qualifications of, appoint, remove, and fix the compensation of employees of the commission;
  5. Prepare, publish, and distribute reports and other material relating to the business of the commission;
  6. Prepare and submit an annual budget to the area planning council for the operation of the commission;
  7. Exercise general supervision of and make regulations for the administration of the affairs of the commission;
  8. Establish policies, procedures, and priorities for assigning staff and providing services to planning units established under the provision of KRS Chapter 100, their respective cities and counties, and other public and private agencies and organizations, and may, irrespective of KRS 147.675 , enter into agreements with cities, counties, and other public agencies and organizations in accordance with the provisions of KRS 65.210 to 65.300 for the administration of KRS 65.8801 to 65.8839 and KRS Chapters 99, 99A, 100, and 198B; and
  9. Keep an accurate and complete record of all commission proceedings, financial statements, and annually report to the various cities and counties signators to the agreement provided in KRS 147.620 .

History. Enact. Acts 1960, ch. 248, § 7; 1968, ch. 168, § 2; 1982, ch. 253, § 7, effective July 15, 1982; 2007, ch. 106, § 1, effective June 26, 2007.

147.673. Application filing requirements when city or county located within territory of commission and planning unit — Hearing — Notice and publication — Review.

Where a city or county is located within the territory of an area planning commission and also within a planning unit established under the provisions of KRS Chapter 100, all applications for the adoption, revision, or amendment of any comprehensive plan, zoning ordinance, or subdivision regulation, shall be filed with the area planning commission. The area planning commission staff shall immediately notify the city or county involved, promptly forwarding the application to the appropriate local planning commission of the planning unit as established under the provisions of KRS Chapter 100, and request a public hearing be scheduled before said local planning commission. Such public hearing shall be scheduled to be held within forty-five (45) days of the date of receipt of the application by the area planning commission. The area planning commission may contract with any local planning commission of a planning unit, located within its territory, as established under the provisions of KRS Chapter 100, to provide the statutory notice and publication requirements for such public hearings, and any staff assistance necessary to conduct the public hearing before the local planning commission. In all cases, the area planning commission staff shall be required to review and make recommendations upon all such applications to the applicable local planning commission, and to the applicant, along with supporting information and comprehensive plan documentation, prior to or at the scheduled public hearing.

History. Enact. Acts 1982, ch. 253, § 6, effective July 15, 1982.

147.675. Advisory capacity of area commission.

The provisions of KRS 147.610 through 147.705 shall be construed to confer on the area planning commission an advisory capacity only.

History. Enact. Acts 1974, ch. 359, § 3; 1982, ch. 253, § 8, effective July 15, 1982.

Opinions of Attorney General.

The Northern Kentucky Area Planning Commission may not make contractual agreements with cities to act in their behalf by serving as a central zoning administrator and building inspector charged with the administration and enforcement of local zoning regulations. OAG 78-597 .

147.680. Prohibition of construction by public agency without commission’s review and recommendations.

No public agency shall construct or authorize the construction of any public facility, which is determined by the area planning commission to be of area-wide significance, within the area planning boundaries until and unless the proposed location and extent of such public construction or authorization shall have been reviewed and recommendations made to the appropriate public agency by the area planning commission.

History. Enact. Acts 1960, ch. 248, § 8; 1974, ch. 359, § 4; 1982, ch. 253, § 9, effective July 15, 1982.

NOTES TO DECISIONS

1. Recommendations Advisory.

The controversy between local governments and area planning commissions as to which body’s power was supreme was resolved by the enactment of this section which determined that the planning commission’s reviews and recommendations were merely advisory and could be overridden by the local legislative body. Northern Kentucky Area Planning Com. v. Campbell County, 509 S.W.2d 277, 1974 Ky. LEXIS 562 ( Ky. 1974 ).

147.690. Hearing before adoption of master plan. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 248, § 9; 1966, ch. 239, § 141) was repealed by Acts 1982, ch. 253, § 13, effective July 15, 1982.

147.700. Adoption of master plan — Certification. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 248, § 9; 1968, ch. 168, § 3) was repealed by Acts 1982, ch. 253, § 13, effective July 15, 1982.

147.705. Information to be furnished to commission.

The legislative bodies of all counties forming the area planning commission, all cities, all special districts, planning and zoning commissions and boards of adjustment located therein, shall, after the final adoption, approval, or enactment of any annexation ordinance, subdivision plat, variance, zoning ordinance or resolution or subdivision regulation, furnish or cause to be furnished, within sixty (60) days after adoption or approval, a copy of same to the area planning commission.

History. Enact. Acts 1968, ch. 168, § 4; 1982, ch. 253, § 10, effective July 15, 1982.

147.710. Appeal from commission’s ruling. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 248, § 11, effective June 16, 1960) was repealed by Acts 1982, ch. 253, § 13, effective July 15, 1982.

147.990. Penalty. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 248, § 8, effective June 16, 1960) was repealed by Acts 1982, ch. 253, § 13, effective July 15, 1982.

CHAPTER 147A Program Development

147A.002. Department for Local Government — Organization — Commissioner.

  1. The Department for Local Government shall be headed by a commissioner and shall consist of the:
    1. Office of Financial Management and Administration, which shall be headed by an executive director appointed by the commissioner and shall be responsible for duties including but not limited to local government financial assistance; county budget approval; performance of various recordkeeping requirements for the Commonwealth’s cities, counties, and special districts; provision of administrative support for the state local debt officer and the state local finance officer; administration of the county officials training incentive program set forth in KRS 64.5275 ; and provision of financial analysis and guidance related to the internal budgetary processes of the Department for Local Government;
    2. Office of Federal Grants, which shall be headed by an executive director appointed by the commissioner and shall be responsible for the administration of all federal grant programs;
    3. Office of State Grants, which shall be headed by an executive director appointed by the commissioner and shall be responsible for the administration of all state grant programs, including the Renaissance on Main Program, the area development fund, the body armor program set forth in KRS 16.220 , the cemetery fund program, single county coal severance grants, and any state grant programs or individually funded projects awarded by statute or budget;
    4. Office of Legal Services, which shall be headed by an executive director appointed by the commissioner and shall be responsible for legal services within the Department for Local Government and for its constituencies around the Commonwealth; and
    5. Office of Field Services, which shall be headed by an executive director appointed by the commissioner and shall be responsible for duties including but not limited to staffing regional offices to assist local governments.
  2. The commissioner, with the approval of the Governor, shall appoint necessary deputies, assistants, attorneys, and other employees and shall fix their compensation and authorize payment of their expenses according to law.

History. Enact. Acts 1978, ch. 155, § 70, effective June 17, 1978; 1984, ch. 70, § 2, effective July 13, 1984; 1984, ch. 404, § 38, effective July 13, 1984; 1998, ch. 12, § 1, effective July 15, 1998; 1998, ch. 69, § 48, effective July 15, 1998; 2007, ch. 47, § 1, effective June 26, 2007; 2010, ch. 117, § 2, effective July 15, 2010.

147A.003. Kentucky Infrastructure Authority.

The Kentucky Infrastructure Authority shall be attached to the Department for Local Government for administrative purposes. Office space required by the authority shall be provided by the Department for Local Government.

History. Enact. Acts 1980, ch. 295, § 19, effective July 15, 1980; 1982, ch. 396, § 12, effective July 15, 1982; 1998, ch. 69, § 49, effective July 15, 1998; 2007, ch. 47, § 2, effective June 26, 2007; 2010, ch. 117, § 3, effective July 15, 2010.

147A.004. Distribution of state and federal planning funds.

  1. The Department for Local Government shall administer distribution of state and federal planning funds to area development districts and shall require by administrative regulation financial and operational reports, audits, and other controls as are necessary to assure compliance with state and federal laws relating to funds received by the area development districts.
  2. The Department for Local Government shall promulgate administrative regulations as will assure statewide coordination of the planning and assistance operations of the area development districts.

History. Enact. Acts 1978, ch. 155, § 71, effective June 17, 1978; 1998, ch. 69, § 50, effective July 15, 1998; 2007, ch. 47, § 66, effective June 26, 2007; 2010, ch. 117, § 4, effective July 15, 2010.

Opinions of Attorney General.

Although local governments are responsible for the enforcement of the state building code within the boundaries of their jurisdictions, the Department of Local Government may participate in the local enforcement program to the extent of providing funds for the research and planning of a program whereby various local governments will jointly conduct and operate an enforcement program. (Decision prior to 1982 enactment of KRS 147A.021 ). OAG 82-312 .

147A.006. Local Government Advisory Commission established. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 155, § 72; 1998, ch. 69, § 51) was repealed by Acts 2007, ch. 47, § 95, effective June 26, 2007.

147A.008. Governor’s advisory council to the office of volunteer services — Appointment — Compensation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 155, § 47, effective June 17, 1978; 1980, ch. 295, § 14, effective July 15, 1980) was repealed by Acts 1982, ch. 396, § 58, effective July 15, 1982.

147A.009. Division of Flood Control. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 357, § 2; 1998, ch. 69, § 52) was repealed by Acts 2007, ch. 47, § 95, effective June 26, 2007.

147A.010. Kentucky program development office established — Administrator. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 66, § 1) was repealed by Acts 1974, ch. 74, Art. II, § 12.

147A.011. Water Resource Development Commission — Duties — Membership — Term — Authority to designate alternate. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 84, § 1) was repealed by Acts 2007, ch. 47, § 95, effective June 26, 2007.

147A.020. Powers and duties of state local debt officer and state local finance officer.

  1. The state local debt officer and the state local finance officer within the Department for Local Government shall exercise the following administrative functions of the state:
    1. The state local debt officer shall exercise all administrative functions as provided in the county debt act, KRS 66.280 to 66.390 , and administrative functions relating to local government bonds as provided in KRS 66.045 ; and
    2. The state local finance officer shall exercise all administrative functions regarding county and local government budgets, as provided in KRS 68.210 to 68.360 .
  2. The state local debt officer shall have the following powers and duties:
    1. To require reports from local governments to enable him to adequately provide the technical and advisory assistance authorized by this section. The reports shall provide the necessary information for a complete file on local government debt, which the state local debt officer shall keep open for public inspection at the Department for Local Government;
    2. To conduct studies in debt management, including ways and means of appraising the terms of alternative bids;
    3. To request assistance and information, which shall be provided by all departments, divisions, boards, bureaus, commissions, and other agencies of state government, to enable the state local debt officer to carry out his duties under this section; and
    4. To compile and publish annually a report which shall include detailed information on local government long-term debt issued and retired during the previous year and outstanding, and other available statistical data on local government finances.
  3. The state local finance officer shall have the following powers and duties:
    1. To coordinate for the Governor the state’s responsibility for, and shall be responsible for liaison with the appropriate state and federal agencies with respect to, general revenue sharing for local government;
    2. To provide technical assistance and information to units of local government on matters including but not limited to fiscal management, purchases, and contracts; and
    3. To conduct training programs to instruct county and other local officials respecting their duties and responsibilities in the collection, expenditure, and management of public moneys subject to their control and jurisdiction.

History. Enact. Acts 1970, ch. 66, § 2; 1974, ch. 74, Art. II, § 10; 1978, ch. 155, § 68, effective June 17, 1978; 1980, ch. 188, § 108, effective July 15, 1980; 1980, ch. 295, § 103, effective July 15, 1980; 1982, ch. 393, § 48, effective July 15, 1982; 1984, ch. 70, § 1, effective July 13, 1984; 1994, ch. 508, § 45, effective July 15, 1994; 1998, ch. 69, § 53, effective July 15, 1998; 1998, ch. 85, § 6, effective July 15, 1998; 2007, ch. 47, § 67, effective June 26, 2007; 2010, ch. 117, § 5, effective July 15, 2010.

Compiler’s Notes.

KRS 66.280 and 66.330 to 66.390 referred to in subsection (1)(a) of this section in the reference “KRS 66.280 to 66.390 ” were repealed by Acts 1996, ch. 280, § 30, effective July 15, 1996.

Opinions of Attorney General.

A city housing agency may not operate a section 8 existing housing program (42 USCS § 1437f) within the boundaries of another city. OAG 80-55 .

A local public housing agency may operate a section 8 existing housing program (42 USCS § 1437f) outside of its territorial jurisdiction but within the county in which it is located under the provisions of KRS 79.110 to 79.180 , as long as the fiscal court of the county and a city or cities within the county and a city housing authority join together in such an agreement. OAG 80-55 .

An opinion expressed by a local government advisor of the Department of Local Government is advisory only and has no force of law since this section gives the Department of Local Government administrative powers only. OAG 80-89 .

Although local governments are responsible for the enforcement of the state building code within the boundaries of their jurisdictions, the Department of Local Government may participate in the local enforcement program to the extent of providing funds for the research and planning of a program whereby various local governments will jointly conduct and operate an enforcement program. (Decision prior to 1982 enactment of KRS 147A.021 ). OAG 82-312 .

147A.021. Department for Local Government — Powers and duties.

  1. The Department for Local Government shall have the following powers and duties:
    1. To require any reports from local governments that will enable it adequately to provide the technical and advisory assistance authorized by this section;
    2. To encourage, conduct, or participate in training courses in procedures and practices for the benefit of local officials, and in connection therewith, to cooperate with associations of public officials, business and professional organizations, university faculties, or other specialists;
    3. To request assistance and information, which shall be provided by all departments, divisions, boards, bureaus, commissions, and other agencies of state government to enable the Department for Local Government to carry out its duties under this section;
    4. At its discretion, to compile and publish annually a report on local government; and
    5. To administer the provisions of KRS 65A.010 to 65A.090 .
  2. The Department for Local Government shall coordinate for the Governor the state’s responsibility for, and shall be responsible for liaison with the appropriate state and federal agencies with respect to, the following programs:
    1. Demonstration cities and metropolitan development act as amended with the exception of Title I of the Housing and Community Development Act of 1974 as amended through 1981;
    2. Farmers Home Administration;
    3. Veterans Administration Act as amended, as it pertains to housing.
  3. The Department for Local Government shall provide technical assistance and information to units of local government, including but not limited to:
    1. Personnel administration;
    2. Ordinances and codes;
    3. Community development;
    4. Appalachian Regional Development Program;
    5. Economic Development Administration Program;
    6. Intergovernmental Personnel Act Program;
    7. Land and Water Conservation Fund Program;
    8. Area Development Fund Program;
    9. Joint Funding Administration Program;
    10. State clearinghouse for A-95 review;
    11. The memorandums of agreement with the area development districts to provide management assistance to local governments; and
    12. The urban development office.
  4. The Department for Local Government shall exercise all of the functions of the state local finance officer provided in KRS Chapters 66, 68, and 131 relating to the control of funds of counties, cities, and other units of local government.
  5. Upon request of the Administrative Office of the Courts, the Department for Local Government shall evaluate the financial condition of any local unit of government selected to participate in a court facilities construction or renovation project under KRS 26A.160 and shall certify to the Administrative Office of the Courts the local unit of government’s ability to participate in the project.

History. Enact. Acts 1982, ch. 396, § 13, effective July 15, 1982; 1984, ch. 183, § 1, effective July 13, 1984; 1994, ch. 508, § 46, effective July 15, 1994; 1998, ch. 69, § 54, effective July 15, 1998; 2000, ch. 496, § 7, effective July 14, 2000; 2007, ch. 37, § 2, effective June 26, 2007; 2007, ch. 47, § 68, effective June 26, 2007; 2010, ch. 117, § 6, effective July 15, 2010; 2013, ch. 40, § 55, effective March 21, 2013; 2019 ch. 119, § 2, effective June 27, 2019.

Opinions of Attorney General.

An area development district is not an agency of state government for purposes of compliance with local planning and zoning requirements, nor does an area development district have authority to operate an offender re-entry program. OAG 13-004 .

147A.023. Legislative findings — Department for Local Government to encourage growth of broadband and information technology in state. [Repealed]

History. Enact. Acts 2007, ch. 37, § 1, effective June 26, 2007; 2010, ch. 117, § 7, effective July 15, 2010; repealed by 2019 ch. 119, § 1, effective June 27, 2019.

147A.025. Instruction program for county officials.

  1. Except as provided in subsection (7) of this section, the Department for Local Government, with the advice and approval of the state local finance officer, annually shall conduct a program to instruct county clerks, sheriffs, jailers, and county treasurers respecting their duties and responsibilities in the collection and expenditure of public moneys, subject to their control and jurisdiction.
  2. The Department for Local Government, with the advice and approval of the state local finance officer, shall establish the content and publish instructional materials essential to implementing this program. Subsequent to every regular and extraordinary session of the General Assembly, the Department for Local Government, with the state local finance officer, shall review and revise, if necessary, the program when it is found not to be consistent with state law.
  3. The Department for Local Government may assess a charge to any person requesting copies of instructional materials published as provided by this section to cover actual costs of printing and handling these materials, except that no county official shall be charged for instructional materials provided for his use. Funds accruing from the sale of instructional materials shall be paid into the State Treasury, and the State Treasurer shall pay these funds into an account of the Department for Local Government to defray the costs of printing and handling these materials.
  4. The commissioner of the Department for Local Government, with the advice and approval of the state local finance officer, may prescribe completion standards for this program, and may, subject to subsection (6) of this section, establish the number, type, and sequence of instructional sessions to be conducted by the Department for Local Government; but the commissioner of the Department for Local Government shall not require the attendance of any county official, nor shall he prescribe any requirement or standard that restricts or impairs a county official or elected candidate in the lawful pursuit or conduct of the office to which he is elected.
  5. The Department for Local Government shall notify in advance each county clerk, sheriff, jailer, and county treasurer respecting instructional session pertinent to his office. Notification shall be by mail, and it shall be posted no later than twenty-one (21) days prior to the instructional session. At a minimum, the notice shall give the date, time, place, and title of the instruction session.
  6. The Department for Local Government shall conduct this program by providing a one (1) day session at various locations throughout this state in order to minimize the travel expenses of those officials attending, provided that the aggregate number of all sessions shall not exceed five (5) during any calendar year. Except as provided in subsection (7) of this section, the Department for Local Government may commence instruction anytime during a calendar year.
  7. The Department for Local Government shall not conduct a program as provided by this section during any calendar year when a general election is held for every constitutional county office. The Department for Local Government, however, shall commence instruction for the succeeding year within eighty (80) days following said general election.
  8. Every county official who attends an instructional session shall be paid his actual and necessary expenses in attending from the operating funds of his office.
  9. In fulfilling the requirements of this section, the Department for Local Government shall confer with and coordinate its duties and responsibilities with the Finance and Administration Cabinet and the Auditor of Public Accounts. The Department for Local Government shall also confer with those state universities whose mission statements mandate their participation in the training of public officials, the state associations for those officials listed in subsection (1) of this section, and the Kentucky Association of Counties, respecting the implementation of this section.

History. Enact. Acts 1982, ch. 383, § 1, effective July 15, 1982; 1984, ch. 13, § 1, effective July 13, 1984; 1998, ch. 69, § 55, effective July 15, 1998; 2005, ch. 85, § 562, effective June 20, 2005; 2007, ch. 47, § 69, effective June 26, 2007; 2010, ch. 117, § 8, effective July 15, 2010.

Opinions of Attorney General.

A fiscal court, assuming funds have been properly budgeted for the purpose, may lawfully approve reimbursement, subject to proper documentation being submitted, of the reasonable expenses for travel, meals, and lodging, actually paid by one elected to a county office, who has not yet assumed such office, where such expenses are immediately incident to attending statutorily provided training for such office. OAG 93-72 .

147A.027. Orientation and continuing education training for planning and zoning officials and staff.

    1. Each planning commissioner and board of adjustment member of a planning unit shall, within one (1) year prior to appointment, or within one hundred twenty (120) days of appointment, attend a minimum of four (4) hours of orientation training in one (1) or more of the subjects listed in subsection (4) of this section. (1) (a) Each planning commissioner and board of adjustment member of a planning unit shall, within one (1) year prior to appointment, or within one hundred twenty (120) days of appointment, attend a minimum of four (4) hours of orientation training in one (1) or more of the subjects listed in subsection (4) of this section.
    2. Each planning professional, zoning administrator, and administrative official, and each planning professional’s deputies and assistants, shall, within one (1) year prior to being employed, or within one hundred twenty (120) days of employment, attend a minimum of eight (8) hours of orientation training in one (1) or more of the subjects listed in subsection (4) of this section.
    3. Each of the individuals listed in paragraphs (a) and (b) of this subsection shall certify his or her attendance by a written statement filed with the secretary of his or her respective planning commission within one hundred forty (140) days of appointment or employment. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent in each program.
    1. Each planning commissioner and board of adjustment member of a planning unit shall, within each period of two (2) consecutive calendar years, starting at the date of the individual’s appointment, attend no less than eight (8) hours of continuing education in any of the subjects listed in subsection (4) of this section. (2) (a) Each planning commissioner and board of adjustment member of a planning unit shall, within each period of two (2) consecutive calendar years, starting at the date of the individual’s appointment, attend no less than eight (8) hours of continuing education in any of the subjects listed in subsection (4) of this section.
    2. Each planning professional, zoning administrator, and administrative official, and each planning professional’s deputies and assistants, shall, within each period of two (2) consecutive calendar years, starting at the date of the individual’s appointment, attend no less than sixteen (16) hours of continuing education in any of the subjects listed in subsection (4) of this section.
    3. Each of the individuals listed in paragraphs (a) and (b) of this subsection shall certify his or her attendance by a written statement filed with the secretary of his or her respective planning commission by December 31 of each calendar year. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent in each program.
  1. The planning commission or the legislative body of the city, county, urban-county, charter county government, or consolidated local government in which the planning commission has jurisdiction or, in the case of a joint planning unit, has representation in, shall be responsible for providing training as required by subsections (1) and (2) of this section or for providing funding to each planning commissioner, board of adjustment member, full-time planning professional, zoning administrator, administrative official, and planning professional’s deputies or assistants so that each individual may obtain training as required by subsections (1) and (2) of this section from other sources.
  2. The subjects for the education required by subsections (1) and (2) of this section shall include, but not be limited to, the following: land use planning; zoning; floodplains; transportation; community facilities; ethics; public utilities; wireless telecommunications facilities; parliamentary procedure; public hearing procedure; administrative law; economic development; housing; public buildings; building construction; land subdivision; and powers and duties of the board of adjustment. Other topics reasonably related to the duties of planning officials or planning professionals may be approved by majority vote of the planning commission prior to December 31 of the year for which credit is sought.
  3. Each local planning commission shall keep in its official public records originals of all statements and the written documentation of attendance required in subsection (6) of this section filed with the secretary of the planning commission pursuant to subsections (1)(c) and (2)(c) of this section for three (3) years after the calendar year in which each statement and appurtenant written documentation is filed.
  4. Each planning commissioner, board of adjustment member, full-time planning professional, zoning administrator, administrative official, and planning professional’s deputies or assistants shall be responsible for obtaining written documentation signed by a representative of the sponsor of any continuing education course for which credit is claimed, acknowledging the fact that the individual attended the program for which credit is claimed. That documentation shall be filed with the secretary of the planning commission as attachments to the statements required by subsections (1)(c) and (2)(c) of this section.
  5. If a planning commissioner or board of adjustment member fails to:
    1. Complete the requisite number of hours of orientation training and continuing education within the time allotted under subsections (1) and (2) of this section;
    2. File the statement required by subsections (1)(c) and (2)(c) of this section; or
    3. File the documentation required by subsection (6) of this section;
  6. No city, county, urban-county, charter county, consolidated local government, planning commission, board of adjustment, or any entity performing local planning under KRS Chapter 100, shall employ a planning professional, zoning administrator, administrative official, or a planning professional’s deputy or assistant, who fails to complete the requisite number of hours of orientation and continuing education required by subsections (1) and (2) of this section in the capacity of a planning professional, zoning administrator, administrative official, or planning professional’s deputy or assistant.

the planning commissioner shall be subject to removal from office according to the provisions of KRS 100.157 , and the board of adjustment member shall be subject to removal according to the provisions of KRS 100.217 .

History. Enact. Acts 2001, ch. 50, § 1, effective June 21, 2001.

147A.028. Public purpose — Local government parks and recreational facilities fund established — Distribution of funds by commissioner.

  1. In enacting a parks establishment aid law, it is the intention of the General Assembly to supplement local efforts to establish park and recreational facilities. The inadequacy of present facilities and the high cost of acquisition and establishment of park recreational facilities are hereby declared to be matters of public interest and concern and vital to the promotion of the health, welfare, and industrial development of the inhabitants of the Commonwealth.
  2. The commissioner of the Department for Local Government shall cause to be established in the Treasury a special fund to be known as the local government parks and recreational facilities fund, to be administered by the commissioner. The fund shall be comprised of grants, contributions, appropriations, and intergovernmental transfers. Moneys in the fund shall not lapse at the end of the fiscal year.
  3. The commissioner may, when he determines that a proposed local government plan for a park or other recreational facility would serve the public interest, use moneys from the local government parks and recreational facilities fund to aid local governmental units in their acquisition and establishment of local parks and recreational facilities, provided that local governmental units must provide matching funds for the project. The Department for Local Government may grant an amount up to five hundred thousand dollars ($500,000) for any one (1) project, which amount shall not exceed fifty percent (50%) of the cost of the entire project. For the purposes of this section, local governmental units shall mean county governments, urban-county government, and governments of cities of any class. Title to parks and recreational facilities acquired by the use of funds authorized by this section shall vest in the local governmental unit which proposed the project and provided the matching funds.
  4. In September of each year, the commissioner shall determine the amount of funds available for distribution by December 31 of that same year. The commissioner may prescribe standards for determining the amounts to be granted for local projects and any administrative regulations as may be necessary to implement the provisions of this section. Funds granted by the Department for Local Government shall be spent by the local governing authorities only for the acquisition and establishment of parks and recreational facilities or major improvements or additions to existing parks and shall not be used for operating or maintenance expenses.

History. Enact. Acts 1982, ch. 162, § 1, effective July 15, 1982; 1998, ch. 69, § 56, effective July 15, 1998; 1998, ch. 597, § 3, effective July 15, 1998; 2007, ch. 47, § 70, effective June 26, 2007; 2010, ch. 117, § 9, effective July 15, 2010.

147A.029. Disbursement of funds for Local Match Participation Program.

  1. The commissioner of the Department for Local Government shall administer and determine the disbursement of funds for the Local Match Participation Program.
  2. Funds appropriated for the Local Match Participation Program may be used as matching funds by local governments for flood-related projects and straight sewage pipe removal projects with:
    1. The United States Army Corps of Engineers;
    2. The Federal Emergency Management Agency (FEMA); and
    3. Other federal government grant and loan programs requiring local matching funds.
  3. Any general fund appropriations made for the Local Match Participation Program may be used for flood control planning and mitigation activities and straight sewage pipe removal and mitigation activities.

History. Enact. Acts 1998, ch. 187, § 1, effective July 15, 1998; 2000, ch. 331, § 1, effective July 14, 2000; 2007, ch. 47, § 71, effective June 26, 2007; 2010, ch. 117, § 10, effective July 15, 2010.

147A.030. Duties of executive department for finance and administration. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 66, § 3; 1974, ch. 74, Art. II, § 9(4); 1976, ch. 299, § 13) was repealed by Acts 1978, ch. 155, § 165, effective June 17, 1978.

147A.031. Procedures for solid waste management conflict resolution.

  1. The Department for Local Government, in cooperation with cities, counties, waste management districts, waste industries, and the Energy and Environment Cabinet shall develop procedures designed to resolve conflicts resulting from municipal solid waste management facility siting and operation. The procedures shall address:
    1. Resolution of conflicts associated with multijurisdictional municipal solid waste management facilities, including the use of such techniques as negotiation, mediation, or arbitration to address issues, including but not limited to host community compensation and collection and disposal fees; and
    2. Resolution of issues, except those relating to permit conditions imposed by the cabinet, resulting from municipal solid waste management facility siting and operation, including the use of such techniques as negotiation, mediation, or arbitration to address concerns of those persons and landowners who are directly affected by the facility’s location and operation. Issues which may be addressed include but are not limited to the following:
      1. Operational issues, such as hours of operation;
      2. Recycling and composting efforts that may be implemented;
      3. Protection of property values;
      4. Traffic routing and road maintenance; and
      5. Establishment of local advisory committees.
  2. The Department for Local Government shall adopt administrative regulations to implement the provisions of subsection (1) of this section.
  3. Nothing in this section shall be construed to abridge any rights or remedies provided by KRS Chapters 109 and 224, or at common law.

HISTORY: Enact. Acts 1991 (1st Ex. Sess.), ch. 12, § 10, effective February 26, 1991; 1998, ch. 69, § 57, effective July 15, 1998; 2007, ch. 47, § 72, effective June 26, 2007; 2010, ch. 24, § 136, effective July 15, 2010; 2010, ch. 117, § 11, effective July 15, 2010; 2017 ch. 117, § 13, effective June 29, 2017.

147A.032. Industrial revenue bond information clearinghouse.

  1. As used in this section, “department” means the Department for Local Government.
  2. The department may, to the extent resources are available, establish an industrial revenue bond information clearinghouse to serve as a central statewide point of contact for the dissemination of information and guidance relating to the issuance and use of industrial revenue bonds by units of local government.
  3. The clearinghouse shall collect and disseminate information and guidance that may be adopted by units of local government seeking to issue industrial revenue bonds, including:
    1. Identification of best practices;
    2. Model ordinances and resolutions;
    3. Proper issuance procedures;
    4. Examples of possible uses of industrial revenue bond proceeds; and
    5. Other model guidelines.
  4. Information provided through the clearinghouse shall be published on a Web site that is accessible to the general public to assist private sector businesses, nonprofit organizations, and others that may benefit from the issuance of industrial revenue bonds.
  5. The Finance and Administration Cabinet, the Cabinet for Economic Development, and the Energy and Environment Cabinet shall assist the department, as needed, in the development of the clearinghouse, to ensure the most complete, accurate, and current information relating to the issuance and possible uses of industrial revenue bonds is available on the Web site.
  6. After the initial development of the clearinghouse is complete, and for as long as it is available, a link to the Web site shall be made available on the one-stop business portal established in KRS 14.250 .

History. Enact. Acts 2014, ch. 131, § 8, effective July 15, 2014.

147A.040. Executive department for finance and administration — Divisions — Duties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 66, § 4; 1974, ch. 74, Art. II, §§ 9(4) and 12) was repealed by Acts 1978, ch. 155, § 165, effective June 17, 1978.

Area Development Districts

147A.050. Area development districts created.

There is hereby created and established in the Commonwealth fifteen (15) area development districts consisting of the following counties:

  1. Purchase Area Development District which shall include the counties of Ballard, Carlisle, Hickman, Fulton, McCracken, Graves, Marshall, and Calloway;
  2. Pennyrile Area Development District which shall include the counties of Livingston, Crittenden, Lyon, Caldwell, Hopkins, Muhlenberg, Trigg, Christian and Todd;
  3. Green River Area Development District which shall include the counties of Union, Henderson, Webster, McLean, Daviess, Ohio and Hancock;
  4. Barren River Area Development District which shall include the counties of Logan, Simpson, Butler, Warren, Edmonson, Hart, Barren, Allen, Metcalfe and Monroe;
  5. Lincoln Trail Area Development District which shall include the counties of Breckinridge, Meade, Grayson, Hardin, Larue, Nelson, Washington, and Marion;
  6. Jefferson Area Development District which shall include the counties of Bullitt, Henry, Jefferson, Oldham, Shelby, Spencer and Trimble;
  7. Northern Kentucky Area Development District which shall include the counties of Boone, Kenton, Campbell, Carroll, Gallatin, Owen, Grant and Pendleton;
  8. Buffalo Trace Area Development District which shall include the counties of Bracken, Mason, Robertson, Fleming and Lewis;
  9. Gateway Area Development District which shall include the counties of Rowan, Bath, Montgomery, Menifee, and Morgan;
  10. Fivco Area Development District which shall include the counties of Greenup, Boyd, Carter, Elliott, and Lawrence;
  11. Big Sandy Area Development District which shall include the counties of Johnson, Magoffin, Martin, Floyd, and Pike;
  12. Kentucky River Area Development District which shall include the counties of Wolfe, Owsley, Lee, Breathitt, Leslie, Perry, Knott, and Letcher;
  13. Cumberland Valley Area Development District which shall include the counties of Jackson, Rockcastle, Laurel, Clay, Knox, Whitley, Bell, and Harlan;
  14. Lake Cumberland Area Development District which shall include the counties of Taylor, Adair, Green, Casey, Russell, Pulaski, Clinton, Cumberland, Wayne, and McCreary; and
  15. Bluegrass Area Development District which shall include the counties of Anderson, Franklin, Woodford, Mercer, Boyle, Lincoln, Garrard, Jessamine, Fayette, Scott, Harrison, Bourbon, Nicholas, Clark, Madison, Powell, and Estill.

History. Enact. Acts 1972, ch. 125, § 1.

NOTES TO DECISIONS

Cited in

N. Ky. Area Dev. Dist. v. Wilson, 2020 Ky. LEXIS 460 (Ky. Dec. 17, 2020).

Opinions of Attorney General.

The area development district dealt with in this section through KRS 147A.120 is an independent and autonomous public corporation exercising a function of state government and is not under the day-to-day control of the central state government nor operating on funds drawn from the state treasury and therefore does not fall within the waiver of sovereign immunity granted in KRS chapter 44. OAG 72-366 .

Research References and Practice Aids

Cross-References.

Area development fund, KRS 42.350 .

Kentucky Law Journal.

Abramson, Kentucky’s Future Need For Attorneys, 63 Ky. L.J. 323 (1974-1975).

147A.060. Board of directors for each district — Appointment — Terms — State officers and members of General Assembly may serve only in advisory capacity.

There shall be in each area development district a board of directors. The composition of the board and the terms and appointments of its members in each district shall be specified by administrative regulation promulgated by the Department for Local Government in accordance with KRS Chapter 13A. The designee of a mayor or county judge/executive shall be a member of the designator’s respective legislative body or their staff. Other persons who are not elected officials or members of their staffs may be designated as representatives with the consent of that body. The Department for Local Government, in specifying the composition of the board, shall conform to applicable federal requirements. A person who is a state officer, a deputy state officer, or a member of the General Assembly may serve only in a nonmember advisory capacity to the board of directors of an area development district. An area development district board of directors shall notify legislators of the provisions of this section and of their right to participate in the activities of the area development district. If a legislator chooses to participate in accordance with this section, the area development district shall send meeting notices to that legislator at the same time board members are notified of the meetings.

History. Enact. Acts 1972, ch. 125, § 2; 1974, ch. 74, Art. II, § 9(4); 1978, ch. 155, § 69, effective June 17, 1978; 1984, ch. 187, § 1, effective July 13, 1984; 1998, ch. 69, § 58, effective July 15, 1998; 2000, ch. 450, § 1, effective July 14, 2000; 2007, ch. 47, § 73, effective June 26, 2007; 2010, ch. 117, § 12, effective July 15, 2010.

Opinions of Attorney General.

No conflict of interest arises where a member of the board or one of the advisory committees of an area development district votes for a project which directly benefits the group he represents, although a conflict would arise if he had some special additional personal interest, in which case he would be disqualified from voting on that particular project. OAG 75-260 .

Administrative Regulation 200 KAR 10:010, issued by the Finance and Administration Cabinet pursuant to this section providing that no member of an area development district board would be eligible to serve more than two full terms consecutively in the same office, was effective against a member of the board who was serving in his third consecutive term and he was automatically disqualified. OAG 76-585 .

An area development district is not an agency of state government for purposes of compliance with local planning and zoning requirements, nor does an area development district have authority to operate an offender re-entry program. OAG 13-004 .

147A.070. Appointment of executive director — Election of executive committee, duties — Advertisement of open positions — Employees’ compensation.

  1. Subject to the requirements of subsection (3) of this section, the board of directors in each district may appoint an executive director and deputy executive director and fix the salary for each position. The executive director shall perform, in the name of the board, such functions and duties and may exercise such authority of the board as the board may delegate to the executive director. The deputy executive director, if one is hired, shall perform such functions and duties as designated by the executive director.
  2. The board of directors in each district may elect from its membership an executive committee and delegate to the committee any of the following duties:
    1. To employ such staff members as may be required for the operations of the district;
    2. To manage the financial assets and obligations of the district;
    3. To guide the activities of the district between meetings of the board; and
    4. To perform such other duties as the board might delegate to it.
  3. On or after June 29, 2017, an open position for the executive director or deputy executive director with an area development district shall be advertised by the board of directors in a manner designed to provide adequate notice of the opening and sufficient time for interested applicants to apply. Advertisement of an open position shall, at a minimum, be published on the Web site of the district and published in accordance with KRS Chapter 424 at a minimum for a period of twenty-one (21) days.
  4. Bonuses, awards, one (1) time salary adjustments, special salary enhancements, or severance pay for any employee, unless severance pay is provided pursuant to a contract approved by the board, that do not constitute a permanent change in the employee’s compensation shall not be made or awarded to any employee of a district.

HISTORY: Enact. Acts 1972, ch. 125, § 3; 2017 ch. 33, § 1, effective June 29, 2017.

NOTES TO DECISIONS

1. Arbitration.

Trial court properly denied an employer's motion to compel arbitration because the arbitration agreement executed by the employer, a political subdivision, and an employee as a condition of her employment was unenforceable; the employer had no authority to enter into the arbitration agreement. N. Ky. Area Dev. Dist. v. Snyder, 2017 Ky. App. LEXIS 174 (Ky. Ct. App. May 12, 2017), aff'd on other grounds, 570 S.W.3d 531, 2018 Ky. LEXIS 363 ( Ky. 2018 ).

Authority of the Northern Kentucky Area Development District to enter into an arbitration agreement with an employee, if it existed at all, had to be derived from the enabling legislation because, as a political subdivision of the State, it had only those powers conferred on it by the legislature. N. Ky. Area Dev. Dist. v. Snyder, 2017 Ky. App. LEXIS 174 (Ky. Ct. App. May 12, 2017), aff'd on other grounds, 570 S.W.3d 531, 2018 Ky. LEXIS 363 ( Ky. 2018 ).

Opinions of Attorney General.

Affirming OAG 73-318 , Kentucky area development districts are political subdivisions of the state as borne out by the definition of public agency in KRS 65.230 and at the same time they constitute units of local government and thus qualify under the federal Intergovernmental Personnel Act of 1970 for the receipt of funds under federal programs. OAG 73-529 .

Under this chapter and the bylaws of the area development district, the regular meetings of the district board of directors cannot be set by the executive committee of the board since under subsection (2)(d) of this section and the bylaws there was no express delegation to the executive committee by the board of the power to set regular meetings. OAG 76-482 .

An employee of an area development district would not be prohibited from becoming a candidate for and holding a county or city office and at the same time continuing his employment with the district. OAG 76-662 .

147A.080. Powers of board of directors.

Each board of directors shall have the power and authority to:

  1. Adopt and have a common seal and alter the same at pleasure;
  2. Sue and be sued;
  3. Adopt bylaws and make rules and regulations for the conduct of its business;
  4. Make and enter into all contracts or agreements necessary or incidental to the performance of its duties;
  5. Provide upon request basic administrative, research, and planning services for any planning and development body located within the district;
  6. Accept, receive, and administer loans, grants, or other funds or gifts from public and private agencies including the Commonwealth and the federal government for the purpose of carrying out the functions of the district;
  7. Expend such funds as may be considered by it to be advisable or necessary in the performance of its duties;
  8. Acquire, hold as may be necessary and convenient, encumber, or dispose of real and personal property, except that no board shall have the power of eminent domain;
  9. Charge fees, rents, and otherwise charge for services provided by the board, except that no board shall have any power to levy taxes;
  10. Enter into interlocal agreements or interstate compacts to the extent authorized by laws of the Commonwealth. An area development district organization shall be deemed a “public agency” as defined by the Interlocal Cooperation Act in KRS Chapter 65;
  11. Promote, organize, and advise special districts or other authorities in accordance with laws of the Commonwealth and act as the regional clearinghouse for such programs and projects as prescribed by federal regulation;
  12. Perform such other and further acts as may be necessary to carry out the duties and responsibilities created by KRS 147A.050 to 147A.120 .

History. Enact. Acts 1972, ch. 125, § 4; 1978, ch. 384, § 29, effective June 17, 1978.

NOTES TO DECISIONS

  1. Legislative Body.
  2. Arbitration.
1. Legislative Body.

Northern Kentucky Area Development District (ADD) was not a legislative body for the purpose of the state health plan administration or for any other purpose; therefore, ADD was not appropriate legislative body to support hospital’s application to establish an ambulance service. Northern Ky. Emergency Medical Servs. v. Christ Hosp. Corp., 875 S.W.2d 896, 1993 Ky. App. LEXIS 142 (Ky. Ct. App. 1993).

2. Arbitration.

Trial court properly denied an employer's motion to compel arbitration because the arbitration agreement executed by the employer, a political subdivision, and an employee as a condition of her employment was unenforceable; the employer had no authority to enter into the arbitration agreement. N. Ky. Area Dev. Dist. v. Snyder, 2017 Ky. App. LEXIS 174 (Ky. Ct. App. May 12, 2017), aff'd on other grounds, 570 S.W.3d 531, 2018 Ky. LEXIS 363 ( Ky. 2018 ).

Authority of the Northern Kentucky Area Development District to enter into an arbitration agreement with an employee, if it existed at all, had to be derived from the enabling legislation because, as a political subdivision of the State, it had only those powers conferred on it by the legislature. N. Ky. Area Dev. Dist. v. Snyder, 2017 Ky. App. LEXIS 174 (Ky. Ct. App. May 12, 2017), aff'd on other grounds, 570 S.W.3d 531, 2018 Ky. LEXIS 363 ( Ky. 2018 ).

Cited in

N. Ky. Area Dev. Dist. v. Wilson, 2020 Ky. LEXIS 460 (Ky. Dec. 17, 2020).

Opinions of Attorney General.

No conflict of interest arises where a member of the board or one of the advisory committees of an area development district votes for a project which directly benefits the group he represents, although a conflict would arise if he had some special additional personal interest, in which case he would be disqualified from voting on that particular project. OAG 75-260 .

Although this section gives the board of directors power to sue and be sued, there is no waiver of sovereign immunity. OAG 75-458 .

Under this chapter and the bylaws of the area development district, the regular meetings of the district board of directors cannot be set by the executive committee of the board since under subsection (2)(d) of KRS 147A.070 and the bylaws there was no express delegation to the executive committee by the board of the power to set regular meetings. OAG 76-482 .

Under the powers entrusted to the Kentucky River Area Development District, the district may borrow money, contribute it to the county for the construction of a district office building, accept a deed to the property from the county and subsequently encumber the property which it receives. OAG 77-396 .

In contrast to counties, cities, and urban-county governments, the Blue Grass Area Development District does not have the authority to enact ordinances; thus, if the counties which make up the Blue Grass district desire to enact anti-litter container ordinances, the fiscal courts of each county must enact the ordinances on their own and, at the most, the board of directors of the development district might act in an advisory capacity. OAG 80-502 .

There are no powers under this section and KRS 147A.090 to empower an area development district to administer, manage, implement, or directly operate programs developed, since these sections only empower the area development district to engage in the work of program development through administrative, research and planning effort. OAG 81-185 .

This section and KRS 147A.090 authorize area development districts to engage in the work of program development through administrative, research and planning effort. They are not, however, authorized to administer, manage, implement or directly operate such programs once developed. OAG 82-312 .

The General Assembly envisions that area development districts have the power and authority to provide “management assistance” to local governments since a contrary conclusion would be inconsistent with KRS 147A.021(3)(m) (now (3)(k)). OAG 83-460 .

Sections 27 and 28 of the Kentucky Constitution would preclude a member of the General Assembly from serving at the same time as a member of the Board of Directors of an Area Development District. OAG 93-70 .

147A.090. Duties of board of directors.

Each district board of directors shall have the power, duty, and authority to:

  1. Establish such functional advisory committees as may be necessary and advisable. These functional advisory committees shall be organized to meet such guidelines as may be required for federal or state assistance;
  2. Conduct the necessary research and studies and coordinate and cooperate with all appropriate groups and agencies in order to develop, and adopt and revise, when necessary, a district development plan or series of plans, including, but not limited to, the following districtwide plan elements: goals and objectives; water and sewer; land-use; and open space and recreation. Such plans shall serve as a general guide for public and private actions and decisions to assure the development of public and private property in the most appropriate relationships;
  3. Prepare annually a report of its activities to the cities and counties within the district, the legislature, and the Governor. The board shall make copies of the report available to members of the public within the district;
  4. Comply with the provisions of KRS 65A.010 to 65A.090 ; and
  5. Cooperate with the Kentucky Mountain Regional Recreation Authority established in KRS 148.0222 for the purpose of establishing, maintaining, and promoting recreational trails to increase economic development, tourism, and outdoor recreation for Kentucky’s residents and visitors, not only in eastern Kentucky but throughout the Commonwealth.

HISTORY: Enact. Acts 1972, ch. 125, § 5; 2013, ch. 40, § 56, effective March 21, 2013; 2017 ch. 164, § 8, effective June 29, 2017.

Opinions of Attorney General.

No conflict of interest arises where a member of the board or one of the advisory committees of an area development district votes for a project which directly benefits the group he represents, although a conflict would arise if he had some special additional personal interest, in which case he would be disqualified from voting for that particular project. OAG 75-260 .

Where two men were appointed to two year terms on an advisory council to an area development district on September 14, 1976, and October 21, 1976, and no bylaw provision of the council allows such appointees to serve until their successors are appointed, vacancies automatically were created September 14, 1978 and October 21, 1978, respectively; but any actions performed by the two in the interim have been under color of title to the office and are valid. OAG 79-364 .

There are no powers under KRS 147A.080 and this section to empower an area development district to administer, manage, implement, or directly operate programs developed, since these sections only empower the area development district to engage in the work of program development through administrative, research and planning effort. OAG 81-185 .

KRS 147A.080 and this section authorize area development districts to engage in the work of program development through administrative, research and planning effort. They are not, however, authorized to administer, manage, implement or directly operate such programs once developed. OAG 82-312 .

The General Assembly envisions that area development districts have the power and authority to provide “management assistance” to local governments since a contrary conclusion would be inconsistent with KRS 147A.021(3)(m) (now (3)(k)). OAG 83-460 .

147A.100. Allocation of funds.

The Finance and Administration Cabinet shall, subject to the availability of funds, allocate funds to each district for the purpose of carrying out the district’s responsibilities and for matching federal and local funds.

History. Enact. Acts 1972, ch. 125, § 6; 1974, ch. 74, Art. II, § 9(4).

Opinions of Attorney General.

Where some employees of an area development district do not join a group medical plan, the premium money that would have otherwise been payable by the district on behalf of those employes could not be applied to the premium on life insurance. OAG 77-533 .

147A.110. District projects and property exempt from taxation.

As a public body, no area development district board shall be required to pay taxes or assessments upon any project or upon any property acquired or used by it or upon the income or proceeds therefrom.

History. Enact. Acts 1972, ch. 125, § 7.

Opinions of Attorney General.

The Gateway Area Development District was created as a public body and, as such, would be a political subdivision of the state. OAG 73-318 .

147A.115. Annual reports of receipt and expenditure of state and federal fundings.

  1. By December 31 of each year beginning in 2017, the Cabinet for Health and Family Services and the Education and Workforce Development Cabinet shall, following any year in which the cabinet awarded federal or state funds to an area development district, prepare and submit a detailed report to the Legislative Research Commission and area development district board members. The report shall include the total amount of state and federal funds distributed to each area development district, broken down by funding source and program from the preceding fiscal year.
  2. By December 31 of each year beginning in 2017, each area development district shall, following any year in which the area development district receives state or federal funds, prepare and submit a detailed report to the Legislative Research Commission and area development board members. The report shall include the following financial information from the preceding fiscal year:
    1. For each allocation, distribution, award, or grant of state or federal funds, the total amount, the percentage of the total amount, and a description of the specific types of expenditures made for or allocated to:
      1. Administrative costs;
      2. Direct expenditures; and
      3. Indirect expenditures;
    2. Allocation, distribution, award, or grant funds not expended, and an explanation of why the funds were not expended;
    3. The total amount of reserves carried forward by the area development district, identification of the source of those funds, and an explanation of why the funds are being carried forward; and
    4. For each program:
      1. A list of direct services provided by the district;
      2. A list of service providers contracted by the district and the services provided by those providers;
      3. The number of eligible persons for the program, number of persons served by the program, and, if applicable, number of people on waiting lists for the program; and
      4. The performance measures required by the contract used to evaluate the area development district’s actions.
  3. The Legislative Research Commission shall distribute the report to the appropriate interim joint committees and to the budget review subcommittee that has jurisdiction over the Cabinet for Health Family Services or the Education and Workforce Development Cabinet.

HISTORY: 2017 ch. 33, § 2, effective June 29, 2017.

147A.116. Required compliance with laws governing open meetings and records, procurement, a code of ethics, conflicts of interest, whistleblower protections, and compensation.

  1. By January 1, 2018, each area development district and any board, committee, or other organization created by an area development district shall:
    1. Comply with the provisions of KRS 61.870 to 61.884 ;
    2. Comply with the provisions of KRS 61.800 to 61.850 ;
    3. Comply with state and federal procurement statutes and administrative regulations, as applicable;
    4. Comply with and be subject to the provisions of KRS 65A.070 by either adopting a code of ethics or abiding by the applicable code of ethics pursuant to KRS 65A.070 ;
    5. Adopt policies to address conflicts of interest for employees and board members of the area development districts, which shall include a prohibition on employees and board members having any interest, either direct or indirect, in any contract entered into by the area development district or any agency created by the area development district;
    6. Be subject to the provisions of KRS 61.101 to 61.103 ;
    7. Subject to the provisions of KRS 14A.070(4), adopt, implement, and maintain a detailed and equitable compensation policy for its employees; and
    8. Establish and maintain an independent process to receive, analyze, investigate and resolve concerns relating to the area development district, including alleged violations of the code of ethics or any of the provisions of this section. The process shall include a monthly reporting requirement to the board members of the area development district of any reported concerns or alleged violations. If the process finds a reasonable likelihood that a violation exists, then that alleged violation shall be reported to the Department for Local Government, the Auditor of Public Accounts, and the Attorney General; and
  2. By July 1, 2020, each area development district and any board, committee, or other organization created by an area development district shall provide public access to financial information in compliance with the provisions of KRS 65.312(4).

HISTORY: 2017 ch. 33, § 3, effective June 29, 2017.

147A.117. Contract for audit by certified public accountant or firm instead of the Auditor of Public Accounts — Conditions for.

  1. No area development district shall enter into any contract with a certified public accountant or firm to perform an audit unless the Auditor of Public Accounts has declined in writing to perform the audit or has failed to respond within thirty (30) days of receipt of a written request. The area development district shall furnish the Auditor of Public Accounts with a comprehensive statement of the scope and nature of the proposed audit. The actual expense of an audit performed by the Auditor of Public Accounts shall be billed to the audited area development district.
  2. Any contract with a certified public accountant or firm entered into as a result of the Auditor of Public Accounts either declining to perform the audit or failing to respond within thirty (30) days of receipt of a written request for an audit shall specify the following:
    1. That the certified public accountant shall forward a copy of the audit report and management letters to the Auditor of Public Accounts for review;
    2. That the Auditor of Public Accounts shall have the right to review the certified public accountant or firm’s work papers before and after the release of the audit; and
    3. That after review of the certified public accountant or firm’s work papers, should discrepancies be found, the Auditor of Public Accounts shall notify the audited entity of the discrepancies. If the certified public accountant or firm does not correct these discrepancies prior to the release of the audit, the Auditor of Public Accounts may conduct its own audit to verify the findings of the certified public accountant’s report.
  3. If an audit verifying the findings of the certified public accountant or firm’s report is conducted by the Auditor of Public Accounts, the actual expense of the audit shall be billed to the area development district.

HISTORY: 2017 ch. 33, § 4, effective June 29, 2017.

147A.120. Limitation on districts’ functions, powers and duties.

Nothing in KRS 147A.050 to 147A.120 shall be deemed to limit or authorize the limitation in any manner of the functions, powers, or duties of any department or agency of the Commonwealth or of any political subdivision. Nor shall anything in KRS 147A.050 to 147A.120 authorize the Finance and Administration Cabinet or an area development district to perform or discharge any powers, duties, or functions now reposed, or which may hereinafter be reposed, by law in the Kentucky Department of Education, local school districts, or other educational institutions.

History. Enact. Acts 1972, ch. 125, § 8; 1974, ch. 74, Art. II, § 9(4).

NOTES TO DECISIONS

1. Certificate of Need.

Northern Kentucky Area Development District (ADD) was not a legislative body for the purpose of the state health plan administration or for any other purpose; therefore, ADD was not appropriate legislative body to support hospital’s application to establish an ambulance service. Northern Ky. Emergency Medical Servs. v. Christ Hosp. Corp., 875 S.W.2d 896, 1993 Ky. App. LEXIS 142 (Ky. Ct. App. 1993).

147A.125. Regional planning council.

  1. Except as set forth in subsection (8) of this section, each area development district shall establish a regional planning council to act in an advisory capacity on planning matters throughout the district.
  2. The regional planning council shall be composed of one (1) representative from each planning unit in the area development district. Each representative shall be appointed annually by the planning commission of each planning unit in the district. To be eligible for appointment to the council, a person shall be a member of the planning commission, or the planning commission’s professional staff.
  3. At its first regular meeting in each year, the council shall elect from its membership a president and vice president. The vice president shall have the authority to act as president of the council during the absence or disability of the president.
  4. The council shall meet at the call of the president, but at least quarterly in each year.
  5. To insure compatible treatment of planned development throughout the district, the council may review comprehensive plans of planning units within the district for regional impact, may develop regional transportation, infrastructure, and land use plans for the district, and may make recommendations regarding the regional impact of proposed comprehensive plans and plan amendments of planning units within the district.
  6. The area development district shall provide staff and technical support as requested by the council. Existing land use planning services and functions of the area development district shall be placed under the direction and control of the council.
  7. The council may offer training and education opportunities in the area of planning and zoning matters to planning commission members and staff in the district.
  8. The requirements of this section shall not apply to any area development district in which fifty percent (50%) or more of the population resides in cities or counties which participate in a regional planning authority, council of governments, or other agency which is authorized to perform regional planning functions as described in this section.

History. Enact. Acts 1990, ch. 362, § 9, effective July 13, 1990.

147A.130. Fee to cover administrative costs of health care trusts — Referral fees prohibited. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 482, § 22, effective July 13, 1990) was repealed by Acts 2000, ch. 521, § 30, effective July 14, 2000.

147A.140. District preparation of solid waste management plan.

In addition to its other powers, each area development district may prepare a solid waste management plan emphasizing regional alternatives for reduction, collection, transportation, and disposal for a local government which authorizes the preparation of the plan, but shall not have authority to implement the area plan.

History. Enact. Acts 1991 (1st Ex. Sess.), ch. 12, § 7, effective February 26, 1991.

Research References and Practice Aids

Kentucky Law Journal.

Cox, What May States Do About Out-of-State Waste in Light of Recent Supreme Court Decisions Applying the Dormant Commerce Clause? Kentucky As Case Study in the Waste Wars, 83 Ky. L.J. 551 (1994-95).

Gas System Restoration Project

147A.200. Gas system restoration and development project account — Review board — Loan applications.

  1. The Department for Local Government is authorized and directed to apply for and receive federal funds to be placed in a state account called the gas system restoration and development project account, and to provide staff to administer said funds. The funds in this account may be used in any gas system restoration or development project approved by the Gas System Restoration and Development Project Account Review Board.
  2. A Gas System Restoration and Development Project Account Review Board is established and shall consist of eight (8) members appointed by the Governor. The board shall be chaired by the commissioner of the Department for Local Government and shall include representatives of the Public Service Commission, state fire marshal, Department for Local Government, Kentucky Infrastructure Authority, banking and finance industry, commercial or industrial consumers, Kentucky Gas Association, and low-income or minority group consumers. Members shall be reimbursed for necessary expenses in attending meetings.
  3. The review board shall meet as necessary and shall establish rules for conducting its business. The review board shall consider applications for loans from the account and approve or disapprove loan applications. No loan shall be considered unless the applicant has complied with all construction and securities requirements of the Public Service Commission. In reviewing loan applications, the review board may request the testimony of the county judge/executive of an affected county and any other witnesses deemed appropriate.

History. Enact. Acts 1980, ch. 295, § 20, effective July 15, 1980; 1998, ch. 69, § 59, effective July 15, 1998; 1998, ch. 551, § 1, effective July 15, 1998; 2007, ch. 47, § 3, effective June 26, 2007; 2010, ch. 24, § 137, effective July 15, 2010; 2010, ch. 117, § 13, effective July 15, 2010.

Legislative Research Commission Note.

(7/15/2010). This section was amended by 2010 Ky. Acts chs. 24 and 117, which do not appear to be in conflict and have been codified together.

147A.250. Railtrail Development Office — Authority to apply for grants.

A Railtrail Development Office is hereby created within the Department for Local Government. The Department for Local Government shall ensure that the office has the necessary expertise to carry out the requirements imposed upon it by this section. Among other railtrail functions and duties which may be assigned to it, the Railtrail Development Office shall carry on at least the following responsibilities:

  1. The office shall monitor the proceedings of the United States Department of Transportation’s Surface Transportation Board and shall disseminate to interested entities in Kentucky information regarding those proceedings of interest to railtrail conversion or policy in the Commonwealth. If a railroad applies to the Surface Transportation Board for authority to discontinue service over or abandon a railroad corridor in the Commonwealth, the office shall immediately notify those political subdivisions through which the corridor passes and any interested state agency of the proceedings and the potential for trail development of the corridor. Notice shall also be sent to the county judge/executive of each county through which the proposed abandonment passes, who shall distribute copies of the notice to each member of the chief legislative body of the county government at the next regularly scheduled meeting of that legislative body. The office shall also send a copy of the notice to each soil and water conservation district through which the abandonment passes. If time is of the essence and it appears that the corridor is a suitable candidate for conversion to a railtrail and that no other railtrail interested entity will be participating in the federal proceeding, the office shall take those steps necessary to cause a railbanking or public use condition to be imposed in the federal proceeding;
  2. The office shall assist any requesting political subdivision or agency of state government with assistance on any application to the Surface Transportation Board regarding an abandoned or about-to-be-abandoned railroad corridor, including any requests for railbanking or imposition of public use conditions;
  3. The office shall coordinate and promote railtrail development efforts among the various agencies of state government, including the Department of Parks and the Transportation Cabinet. While this subsection does not confer upon the office any powers beyond those that it may ordinarily possess, every entity of state government shall cooperate with the office to the extent practicable under the circumstances;
  4. The office shall furnish to requesting political subdivisions assistance in applying to available federal, state, or local funding sources for funds to be used for the process of converting railroad corridors into public use trails; and
  5. The office may apply for federal, state, or private grants or other forms of financial assistance to carry on its mission.

History. Enact. Acts 2000, ch. 338, § 1, effective July 14, 2000; 2007, ch. 47, § 74, effective June 26, 2007; 2010, ch. 117, § 14, effective July 15, 2010.

Endow Kentucky Program

147A.300. Short title for KRS 147A.300 to 147A.330.

KRS 147A.300 to 147A.330 shall be known as the “Endow Kentucky Program.”

History. Enact. Acts 2010, ch. 71, § 1, effective July 15, 2010.

147A.305. Purpose of KRS 147A.300 to 147A.330.

The purpose of KRS 147A.300 to 147A.330 is to enhance the quality of life for citizens of the Commonwealth through increased philanthropic activity by providing capital to new and existing citizen groups of the Commonwealth organized as community foundations and working to establish endowment funds that will address community needs, and also to encourage individuals, businesses, and organizations to give to community foundations.

History. Enact. Acts 2010, ch. 71, § 2, effective July 15, 2010.

147A.310. Definitions for KRS 147A.300 to 147A.330.

As used in KRS 147A.300 to 147A.330 , unless the context requires otherwise:

  1. “Affiliate community foundation” means a philanthropic foundation organized or operating to serve an identified geographic area within the Commonwealth, and which:
    1. Is affiliated with a qualified community foundation; and
    2. Is certified by the commission pursuant to KRS 147A.325 ;
  2. “Commission” means the Endow Kentucky Commission established in KRS 147A.330 ;
  3. “County-specific component fund” means a fund of a qualified community foundation that is restricted to serve an individual county;
  4. “Endowment gift” means an irrevocable contribution to a permanent endowment held by a qualified community foundation, county-specific component fund, or affiliate community foundation;
  5. “Fund” means the community endowment fund established by KRS 147A.315 ; and
  6. “Qualified community foundation” means a philanthropic foundation organized or operating in the Commonwealth that:
    1. Substantially complies with the national standards for community foundations established by the National Council on Foundations;
    2. Is classified as a 501(c)(3) tax-exempt organization by the Internal Revenue Service; and
    3. Is certified by the commission pursuant to KRS 147A.325 .

History. Enact. Acts 2010, ch. 71, § 3, effective July 15, 2010.

147A.315. Community endowment fund.

  1. The community endowment fund is established as a separate trust and agency account in the State Treasury. The fund shall consist of funds appropriated from the general fund, and any other proceeds from appropriations, contributions, gifts, or grants made available for the purposes of the fund.
  2. Notwithstanding KRS 45.229 , any moneys remaining in the fund at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year.
  3. Any interest earnings of the fund shall become a part of the fund and shall not lapse.
  4. The fund shall be administered by the Department for Local Government, and moneys in the fund shall be used to provide grants under KRS 147A.320 .

History. Enact. Acts 2010, ch. 71, § 4, effective July 15, 2010.

Legislative Research Commission Note.

(7/15/2010). A reference to the “Governor’s Office for Local Development” in subsection (4) of this section, as created by 2010 Ky. Acts ch. 71, sec. 4, has been changed in codification to the “Department for Local Government” to reflect the renaming of that agency in Executive Order 2009-540, which was confirmed by the General Assembly in 2010 Ky. Acts ch. 117. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 117, sec. 90.

147A.320. Capacity building grant program — Challenge grant program — Administrative regulations — Annual report.

  1. The Department for Local Government may:
    1. Establish a capacity building grant program, through which it may provide qualified community foundations, county-specific component funds, and affiliate community foundations with grants from the fund for the purpose of developing and enhancing the receiving foundation’s capacity to operate and execute its mission, subject to the following restrictions:
      1. No qualified community foundation, county-specific component fund, or affiliate community foundation may receive more than one (1) capacity building grant during any fiscal year;
      2. No single capacity building grant shall exceed fifty thousand dollars ($50,000); and
      3. At least forty percent (40%) of funds awarded as capacity building grants shall be provided to newly established or emerging qualified community foundations, county-specific component funds, or affiliate community foundations that specifically seek to address the needs of rural areas of the Commonwealth;
    2. Establish a challenge grant program, through which it may provide qualified community foundations, county-specific component funds, and affiliate community foundations with grants from the fund for the purpose of building community-based unrestricted endowment funds by encouraging individuals, businesses, and other organizations to provide endowment gifts, subject to the following restrictions:
      1. No qualified community foundation, county-specific component fund, or affiliate community foundation may receive more than one (1) challenge grant during any fiscal year;
      2. Challenge grants may be provided in amounts not to exceed fifty percent (50%) of the amount of privately donated endowment gifts provided to the receiving qualified community foundation, county-specific component fund, or affiliate community foundation during the one (1) year period preceding the grant award. However, no single challenge grant shall exceed five hundred thousand dollars ($500,000); and
      3. At least forty percent (40%) of funds awarded as challenge grants shall be provided to newly established or emerging qualified community foundations, county-specific component funds, or affiliate community foundations that specifically seek to address the needs of rural areas of the Commonwealth; and
    3. Promulgate administrative regulations in accordance with KRS Chapter 13A to administer this section.
  2. Upon the establishment of any grant program under this section, the Department for Local Government shall provide an annual report to the commission, which shall include:
    1. The total number of grant requests submitted during the year, along with the amount of funds requested and the identity of the foundation making the request; and
    2. Information regarding all grants actually awarded during the year.

History. Enact. Acts 2010, ch. 71, § 5, effective July 15, 2010.

Legislative Research Commission Note.

(7/15/2010). References to the “Governor’s Office for Local Development” in subsections (1) and (2) of this section, as created by 2010 Ky. Acts ch. 71, sec. 5, have been changed in codification to the “Department for Local Government” to reflect the renaming of that agency in Executive Order 2009-540, which was confirmed by the General Assembly in 2010 Ky. Acts ch. 117. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 117, sec. 90.

147A.325. Certification of qualified community foundation, county-specific component, or affiliate community foundation — Commission to maintain and publish list of certified entities — Biennial review — Administrative regulations.

  1. In order to receive grants from the fund under KRS 147A.320 , a qualified community foundation, county-specific component fund, or affiliate community foundation shall substantially comply with the national standards for community foundations established by the National Council on Foundations, and be certified by the commission. The commission may charge a nonrefundable administrative fee to cover the costs associated with the certification process, not to exceed one thousand dollars ($1,000) per certification application.
  2. The commission shall:
    1. Maintain a current list of all qualified community foundations, county-specific component funds, and affiliate community foundations which are certified. This list shall be:
      1. Published on a Web site which is accessible to the general public; and
      2. Provided to the Department for Local Government and the Department of Revenue; and
    2. Perform a biennial review of each qualified community foundation, county-specific component fund, and affiliate community foundation which has been certified to ensure that it remains in compliance with all requirements mandated by this section or by administrative regulation.
  3. The commission may promulgate administrative regulations in accordance with KRS Chapter 13A to administer this section.

History. Enact. Acts 2010, ch. 71, § 6, effective July 15, 2010.

Legislative Research Commission Note.

(7/15/2010). A reference to the “Governor’s Office for Local Development” in subsection (2) of this section, as created by 2010 Ky. Acts ch. 71, sec. 6, has been changed in codification to the “Department for Local Government” to reflect the renaming of that agency in Executive Order 2009-540, which was confirmed by the General Assembly in 2010 Ky. Acts ch. 117. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 117, sec. 90.

147A.330. Endow Kentucky Commission — Duties — Membership — Meetings.

  1. There is hereby established the Endow Kentucky Commission, which shall be responsible for the planning, implementation, and direction of a strategic and collaborative philanthropic partnership to focus on building endowment funds that will address community needs through community foundations.
  2. The commission shall be attached to the Department for Local Government for administrative purposes.
  3. The duties of the commission shall include but not be limited to the following:
    1. Explore opportunities for funding for the community endowment fund established by KRS 147A.315 ;
    2. Consult and advise the Governor and the agencies, departments, boards, and commissions of the Commonwealth, as well as local governments, on matters pertaining to philanthropy;
    3. Provide technical assistance to qualified community foundations and affiliate community foundations; and
    4. Review and certify community foundations pursuant to KRS 147A.325 .
  4. The membership of the commission shall consist of:
    1. The secretary of the Cabinet for Economic Development, or his or her designee;
    2. One (1) citizen member engaged in private rural development philanthropy, or who represents private rural development philanthropic interests, to be appointed by the Governor;
    3. One (1) representative of each community foundation that is organized or operating in the Commonwealth and in compliance with the national standards for community foundations established by the National Council on Foundations, to be appointed by the Governor; and
    4. One (1) representative from the area development districts appointed by the Governor from a list of names submitted by the executive directors of the area development districts.
  5. The Governor shall appoint members for a term of two (2) years, and any member may be reappointed. The members shall designate the chair of the commission from among the membership.
  6. Members shall serve without compensation, but shall be reimbursed for their actual expenses incurred in the performance of commission duties in accordance with KRS 45.101 and administrative regulations promulgated thereunder.
  7. The commission shall meet upon the call of the chair, but not less than twice each year.

History. Enact. Acts 2010, ch. 71, § 7, effective July 15, 2010.

Legislative Research Commission Note.

(7/15/2010). A reference to the “Governor’s Office for Local Development” in subsection (2) of this section, as created by 2010 Ky. Acts ch. 71, sec. 7, has been changed in codification to the “Department for Local Government” to reflect the renaming of that agency in Executive Order 2009-540, which was confirmed by the General Assembly in 2010 Ky. Acts ch. 117. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 117, sec. 90.

CHAPTER 147B Financial Policy

147B.010. Establishment of Kentucky Council of Economic Advisers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 164, para. (1)) was repealed by Acts 1986, ch. 370, § 5, effective July 15, 1986.

147B.015. Membership of council — Terms of office — Vacancies. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 164, para. (2); 1978, ch. 155, § 73, effective June 17, 1978; 1980, ch. 295, § 21, effective July 15, 1980) was repealed by Acts 1986, ch. 370, § 5, effective July 15, 1986.

147B.020. Duties of council. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 164, para. (3)) was repealed by Acts 1986, ch. 370, § 5, effective July 15, 1986.

147B.025. Council’s annual report to Governor — Content. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 164, para. (4)) was repealed by Acts 1986, ch. 370, § 5, effective July 15, 1986.

147B.030. Office for research, college of business and economics to conduct studies for council — Executive director of council. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 164, para. (5); 1974, ch. 74, Art. II, § 9(1); 1978, ch. 155, § 74, effective June 17, 1978; 1980, ch. 295, § 22, effective July 15, 1980) was repealed by Acts 1986, ch. 370, § 5, effective July 15, 1986.

147B.035. Disbursement of funds by Council — Compensation of members. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 164, para. (6); 1978, ch. 154, § 6, effective June 17, 1978; 1978, ch. 155, § 75, effective June 17, 1978; 1982, ch. 450, § 66, effective July 1, 1983) was repealed by Acts 1986, ch. 370, § 5, effective July 15, 1986.

147B.100. Governor’s Financial Policy Council — Purpose — Members — Meetings — Reimbursement.

  1. There is recognized as established the Governor’s Financial Policy Council. The purpose of the council shall be to advise the Governor on economic and financial matters relating to revenue, budgetary, and financial management policies.
  2. The council shall consist of the secretary of Finance and Administration Cabinet, the state budget director, and four (4) at-large members, appointed by the Governor, who shall be persons that are knowledgeable by reason of their experience and academic training, in the fields of business, financial management or public policy. The Governor shall designate one (1) of the four (4) at-large members to serve as chairman of the council.
  3. The terms of the at-large members shall coincide with the elected term of the Governor who appointed them. Vacancies in the at-large membership of the council shall be filled by appointment by the Governor for the unexpired portion of the vacated member’s term.
  4. The council shall meet at least annually and shall hold other meetings deemed necessary by a majority of the membership or when requested by the Governor.
  5. The members of the Governor’s council shall serve without compensation for their services but shall be reimbursed, subject to the provisions of KRS 45.101 and state travel regulations, for all actual and necessary expenses incurred in the performance of their duties as members of the council.

History. Enact. Acts 1986, ch. 370, § 1, effective July 15, 1986; 2005, ch. 85, § 563, effective June 20, 2005.

147B.110. Duties and functions.

The Governor’s Financial Policy Council shall perform the following duties and functions:

  1. Review the state revenue forecast and official revenue estimates;
  2. Review long-term expenditure patterns;
  3. Review federal economic, taxation, and budget policies and report to the Governor regarding the impact of such policies on the state economy and upon the state’s finances;
  4. Review state infrastructure and capital investment needs and advise the Governor regarding needed changes and revisions;
  5. Review and make recommendations regarding economic issues as are deemed appropriate; and
  6. Provide other financial analyses as requested by the Governor or the Governor’s Office for Policy and Management.

History. Enact. Acts 1986, ch. 370, § 2, effective July 15, 1986.

CHAPTER 148 Parks and Tourism

148.001. Definitions for chapter.

As used in this chapter, unless the context otherwise requires:

  1. “Department” means the Department of Parks;
  2. “Commissioner” means the commissioner of parks;
  3. “Commission” means the State Property and Buildings Commission;
  4. “Livestock” means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species;
  5. “Prisoner of war” means any regularly appointed, enrolled, enlisted, or inducted member of the military forces of the United States who was captured, separated, and incarcerated by an enemy of the United States;
  6. “Sanctuary” means a place of refuge where wildlife is maintained and protected from depredation and destruction; and
  7. “Wildlife” means all living things that are neither human nor domesticated, including but not limited to mammals, reptiles, amphibians, birds, fishes, crustaceans, mollusks, trees, shrubs, vines, wildflowers, and nonflowering plants.

HISTORY: Enact. Acts 1964, ch. 157, § 1; 1972, ch. 189, § 1; 1988, ch. 95, § 2, effective July 15, 1988; 2017 ch. 129, § 3, effective June 29, 2017.

148.010. Department of Parks may accept park property; title in state. [Repealed.]

Compiler’s Notes.

This section (3766d-3) was repealed by Acts 1964, ch. 157, § 18.

148.011. Department of Parks created — Commissioner — Appointment — Divisions.

  1. There shall be established in the state government a Department of Parks, a statutory administrative department within the meaning of KRS Chapter 12, the executive head of which shall be the commissioner of parks.
  2. The commissioner of parks shall be appointed by the Governor as provided in KRS 12.040 for the heads of statutory administrative departments and shall receive an annual salary not to exceed the amount provided in KRS 64.640(2) relating to compensation for the heads of other statutory administrative departments.
  3. The commissioner of parks may establish divisions in accordance with the terms of KRS 12.050 .
  4. The heads of the divisions in the Department of Parks shall be appointed by the commissioner of parks in accordance with the provisions of KRS 12.050 .

History. Enact. Acts 1964, ch. 157, § 2; 1980, ch. 188, § 109, effective July 15, 1980.

Compiler’s Notes.

Conveyance of title to the United States of the Blue Licks Battlefield State Park was authorized by Acts 1944, ch. 177.

Research References and Practice Aids

Cross-References.

Finance and Administration Cabinet, power to acquire park property, KRS chs. 42, 45, 56.

Governor’s cabinet to plan parkway development, KRS 147.070 to 147.120 .

Grant to United States of lands and rights to acquire, KRS ch. 3.

Natural Resources, KRS ch. 146.

State flag, display at state parks, KRS 2.030 .

State lands, KRS 56.020 to 56.060 .

State theatre of Kentucky, KRS 153.110 to 153.140 .

Title to state property, KRS 56.030 .

148.020. Department may acquire, improve and operate parks; fees and charges. [Repealed.]

Compiler’s Notes.

This section (3766d-3a, 3766d-3c, 3766d-7: amend. Acts 1948, ch. 227, § 1) was repealed by Acts 1964, ch. 157, § 18.

148.021. Functions, powers, duties of department.

  1. The Department of Parks shall exercise all administrative functions of the state relating to the operation of state parks, shrines, monuments, and museums except those allocated to the historical society.
  2. The department may request acquisition, subject to the provisions of KRS Chapters 42, 45, 45A, 56, and the provisions made in this chapter, of lands by purchase, lease, or otherwise, on which to operate state parks.
  3. The department may improve said parks by constructing and equipping improvements or facilities in said parks.
  4. The department may operate said parks, fix fees and charges for the use of said parks and the improvements and facilities constructed therein, and provide for the collection of said fees and charges and the proper accounting therefor, except that:
    1. The department shall not impose boat launching fees at any boat ramp over which it has authority and control; and
    2. The department shall not allow, grant permission to, or permit any individual, sole proprietorship, partnership, corporation, limited liability company, or other form of business arrangement to which the department has granted a rental or leasehold interest or has engaged to manage or operate facilities that include a public boat launching ramp, to charge a boat launching fee at any boat ramp.
  5. The Department of Parks is authorized to enter into any agreement with the Breaks Interstate Park Commission for the operation of any facilities in the Breaks Interstate Park.
  6. The Department of Parks is authorized to accept, for deposit in a trust and agency fund account in accordance with KRS 45.253 , on behalf of the state any grant or contribution, federal or otherwise, to assist in meeting the cost of carrying out the functions assigned to the Department of Parks.
  7. Notwithstanding any provision in KRS Chapter 41, 45, 45A, or 47 to the contrary, there may be established separate cash funds and depositories at each state park from which immediate payment of refunds may be made to a patron or guest of such state park of any unearned money advanced or paid by such guest or patron. The department may accept from a guest or patron an amount which includes the fee for the service rendered plus a gratuity for the waitress or other designated person and remit the gratuity directly from the depository or cash fund to the designated recipient thereof. Such funds or depositories shall be governed by regulations established by the Department of Parks and approved by the Finance and Administration Cabinet.
  8. The commissioner may promulgate administrative regulations in accordance with provisions of KRS Chapter 13A in order to carry out the provisions of this section.

History. Enact. Acts 1964, ch. 157, § 3; 1966, ch. 173; 1968, ch. 126, § 1; Acts 1974, ch. 74, Art. II, § 9(1); 1978, ch. 384, § 30, effective June 17, 1978; 1982, ch. 450, § 67, effective July 1, 1983; 1990, ch. 496, § 40, effective July 13, 1990; 1992, ch. 424, § 1, effective July 14, 1992; 2006, ch. 232, § 1, effective July 12, 2006.

Legislative Research Commission Note.

(7/12/2006). 2006 Ky. Acts ch. 232, sec. 2, provides that “[a]ny person who has purchased and has in their possession evidence of the purchase of an annual ramp pass from the Department of Parks may apply for an shall receive a prorated refund for the cost of the unexpired portion of the annual ramp pass.”

NOTES TO DECISIONS

  1. Maintenance, Repair and Insurance Costs.
  2. Fees and Charges.
1. Maintenance, Repair and Insurance Costs.

The procurement and maintenance of public parks were governmental functions and the provision for payment of maintenance, repair, and insurance costs of the state park system did not constitute the creation of a debt in violation of the debt limitation provisions of the Const., §§ 49, 50 and 177. Kentucky Lake Vacation Land, Inc. v. State Property & Bldgs. Com., 333 S.W.2d 779, 1960 Ky. LEXIS 212 ( Ky. 1960 ) (decided under prior law).

2. Fees and Charges.

Charges might have been made for the use of certain facilities at state parks while other facilities might have been free to the public and although it was customary that fees were paid for the use of rooms at park hotels and cabins, for the use of golf courses, and other privileges, and that the use of certain swimming and beach facilities might have been free, there was no valid reason advanced why all facilities made available to the general public should not have borne a reasonable charge for their use since law that provided for operation of state parks and fixing of fees and charges for the use of the parks contained no exclusions. Kentucky Lake Vacation Land, Inc. v. State Property & Bldgs. Com., 333 S.W.2d 779, 1960 Ky. LEXIS 212 ( Ky. 1960 ) (decided under prior law).

Opinions of Attorney General.

The Commonwealth of Kentucky has the authority to lease out of state lands for park purposes from the United States Corps of Engineers. OAG 70-328 .

Research References and Practice Aids

Cross-References.

State Property and Buildings Commission to control acquisition of real estate for state purposes, and capital outlay projects, KRS 56.460 to 56.550 .

148.0211. Resident veteran who was a prisoner of war exempt from camping fees.

  1. Any veteran who has been a prisoner of war, was honorably discharged from the military forces, and is a resident of this state is exempt from camping fees in parks or campgrounds owned or operated by the Commonwealth of Kentucky.
  2. To claim the exemption provided for by subsection (1) of this section, a veteran shall forward:
    1. A copy of his separation form from military service; or
    2. A letter from one (1) of the military forces or the United States Department of Veterans Affairs; and
    3. Written proof of residence to the Department of Parks. The department shall mail a card to the veteran certifying that he is exempt from the fees specified in subsection (1) of this section.

HISTORY: Enact. Acts 1988, ch. 95, § 1, effective July 15, 1988; 2017 ch. 42, § 5, effective June 29, 2017.

148.0212. Permanently and totally resident veteran exempt from overnight accommodation rate at Kentucky state parks — Maximum number of stays — Peak periods — Administrative regulations.

  1. A Kentucky resident shall be exempt from the relevant overnight accommodations rate at any Kentucky state park if he or she is:
    1. A permanently and totally disabled veteran with a one hundred percent (100%) service-connected disability, regardless of wartime service; or
    2. A permanently and totally disabled member of the Kentucky National Guard or Reserve Component injured while on state active duty, active duty training, or inactive duty training.
  2. To be entitled to the exemption under this section, a veteran must be a Kentucky resident and must be rated one hundred percent (100%) permanently and totally disabled, as the result of an injury suffered while on active duty, by the United States Department of Veterans Affairs or the Department of Defense. Members of the Kentucky National Guard or Reserve Component must be rated one hundred percent (100%) permanently and totally disabled as provided in KRS Chapter 342.
  3. The exemption shall be made available to qualified Kentucky residents as described in this section for a maximum of three (3) overnight stays per calendar year at any Kentucky state park. Each stay shall be limited to a maximum of three (3) days, subject to availability. During peak periods, as defined elsewhere in this section, stays are to be taken during the Sunday through Thursday five (5) day period only. Outside of peak periods, stays are available at any time.
  4. The Department of Parks shall promulgate any administrative regulations necessary to carry out this section, including but not limited to:
    1. Defining peak periods, which shall be no longer than the days between Memorial Day and Labor Day and the month of October;
    2. Establishing the ten (10) day window during which reservations by residents under this section may be made;
    3. Establishing those accommodations which qualify for the exemption; and
    4. Delineating the types of proof acceptable for establishing eligibility for persons entitled to the exemption provided for in this section, while working in conjunction with the Kentucky Department of Veterans’ Affairs.
  5. The exemption described in this section shall not limit the benefits of a qualified Kentucky resident if he or she is also eligible for benefits under KRS 148.0211 .

HISTORY: Enact. Acts 2010, ch. 3, § 1, effective July 15, 2010; 2017 ch. 42, § 6, effective June 29, 2017.

148.022. Outdoor recreation programs administered by Department for Local Government — Breaks Interstate Park functions.

  1. The Department for Local Government shall administer and operate the outdoor recreation programs of the state and shall be responsible for developmental planning and the administration of United States Bureau of Outdoor Recreation funds.
  2. All functions of the Commonwealth relating to the Breaks Interstate Park shall be attached to the Tourism, Arts and Heritage Cabinet for administrative purposes.

History. Enact. Acts 1974, ch. 74, Art. VIII, C. § 1; 1982, ch. 396, § 14, effective July 15, 1982; 1992, ch. 424, § 2, effective July 14, 1992; 1998, ch. 48, § 6, effective July 15, 1998; 1998, ch. 69, § 60, effective July 15, 1998; 2005, ch. 95, § 15, effective June 20, 2005; 2007, ch. 47, § 75, effective June 26, 2007; 2009, ch. 16, § 16, effective June 25, 2009; 2010, ch. 117, § 72, effective July 15, 2010.

148.0221. KRS 148.0221 to 148.0225.

As used in KRS 148.0221 to 148.0225 , unless the context requires otherwise:

  1. “Authority” or “KMRRA” means the Kentucky Mountain Regional Recreation Authority established in KRS 148.0222 ;
  2. “Board” means the board of directors of KMRRA;
  3. “County” means a county, charter county, urban-county government, unified local government, or consolidated local government;
  4. “Kentucky Mountain Recreational Area” or “KMRA” means lands on which there is a system of recreational trails, including streams, rivers, and other waterways, and appurtenant facilities, including trailhead centers, parking areas, camping facilities, picnic areas, recreational areas, historic or cultural interpretive sites, and other facilities in Kentucky and designated by the KMRRA as a part of the KMRA;
  5. “Land” means roads, water, watercourses, buildings, structures, and machinery or equipment thereon when attached to the realty;
  6. “Landowner” means a tenant, lessee, occupant, or person in control of the premises;
  7. “Participating county” means a county that has qualified under KRS 148.0222(5);
  8. “Participating landowner” means a landowner who owns land in a participating county and has a contractual agreement with the KMRRA for trail development as part of the KMRA;
  9. “Recreational purposes” means all-terrain vehicle riding, bicycling, canoeing, hiking, horseback riding, hunting, kayaking, motorcycle riding, rock climbing, fishing, swimming, archaeological activities, nature study, off-highway vehicle driving, pleasure driving, watersports, winter sports, visiting or viewing historical or scenic sites, and otherwise using land for purposes pertaining to recreation or trail activities; and
  10. “Target county” means Bell, Boyd, Breathitt, Carter, Clay, Clinton, Elliott, Estill, Floyd, Greenup, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Madison, Magoffin, Martin, McCreary, Menifee, Morgan, Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Wayne, Whitley, or Wolfe County.

HISTORY: 2017 ch. 164, § 3, effective June 29, 2017; 2018 ch. 124, § 4, effective July 14, 2018; 2019 ch. 170, § 1, effective June 27, 2019.

148.0222. Kentucky Mountain Regional Recreation Authority — Creation — Status — Powers — Purpose — Governance — Operation — Membership — Employees.

  1. The Kentucky Mountain Regional Recreation Authority is hereby created and established as an independent, de jure municipal corporation and political subdivision of the Commonwealth and shall exercise all of the powers that a corporation may lawfully exercise under the laws of the Commonwealth. The authority shall be a public body corporate and politic and an instrumentality of the Commonwealth, established with all the general corporate powers incidental thereto. The authority shall be attached to the Kentucky Department for Local Government for administrative purposes only. The authority shall be reauthorized for five (5) years from June 27, 2019, and may be renewed by the General Assembly. The authority may adopt bylaws and administrative regulations, subject to KRS Chapter 13A, for the orderly conduct of its affairs.
  2. The purpose of the authority is to establish, maintain, and promote a recreational trail system throughout the KMRA to increase economic development, tourism, and outdoor recreation for residents and visitors. The recreational trail system shall be located with significant portions of the system situated on private property made available for use through lease, license, easement, or other appropriate legal form by willing landowners.
  3. The authority shall be governed by a board of directors consisting of representatives from participating counties and the Commonwealth as provided in this section.
  4. The authority and board shall become operational when sixteen (16) target counties complete the requirements established by subsection (5)(a) of this section. When at least sixteen (16) target counties become participating counties, the commissioner of the Department for Local Government shall notify the county judge/executive of each of the participating counties, as well as the board members described in subsection (6) of this section, that the requirements have been met for the authority and board to become operational. The commissioner shall also establish a date, time, and place for an initial organizational meeting of the board, and shall serve as interim chair of the initial organizational meeting until such time as a chair is elected. The chair shall be a resident of a participating county.
  5. Any target county may become a participating county upon adoption of a resolution or ordinance by the governing body of the county specifically approving the county’s participation in the KMRRA and submission of the adopted resolution or ordinance to:
    1. The commissioner of the Department for Local Government if the resolution or ordinance is adopted prior to the KMRRA becoming operational pursuant to subsection (4) of this section; or
    2. The KMRRA if the resolution or ordinance is adopted after KMRRA becomes operational.
  6. The KMRRA board shall consist of the following members:
    1. The secretary of the Tourism, Arts and Heritage Cabinet or his or her designee;
    2. The commissioner of the Department for Local Government or his or her designee;
    3. The commissioner of the Department of Fish and Wildlife Resources or his or her designee;
    4. If an executive director of the authority has been employed under subsection (10) of this section, he or she shall serve as a nonvoting member, except in the event of a tie vote of the board;
    5. One (1) representative selected for each of the nine (9) participating counties as provided in subsection (8) of this section, who shall be either:
      1. The county judge/executive; or
      2. The county judge/executive’s designee, who shall be an individual involved with economic development, tourism, recreation, or a related area within the county;
    6. One (1) state Representative who is from the KMRRA region shall serve as a nonvoting member, appointed to a two (2) year term by the Speaker of the Kentucky House of Representatives, and shall not serve another term consecutively with a prior term; and
    7. One (1) state Senator who is from the KMRRA region shall serve as a nonvoting member, appointed to a two (2) year term by the President of the Kentucky Senate, and shall not serve another term consecutively with a prior term.
  7. The board membership of each county judge/executive or his or her designee shall:
    1. Begin with the county judge/executive’s term of office; and
    2. End with the county judge/executive’s term of office.
    1. The twelve (12) voting members of the board shall be: (8) (a) The twelve (12) voting members of the board shall be:
      1. The nine (9) county judges/executive, or their designees, from different KMRRA participating counties as described in subsection (6)(e) of this section;
      2. The secretary of the Tourism, Arts and Heritage Cabinet or his or her designee;
      3. The commissioner of the Department for Local Government or his or her designee; and
      4. The commissioner of the Department of Fish and Wildlife Resources or his or her designee.
    2. The nine (9) initial county representatives shall be the county judges/executive of Breathitt, Martin, Perry, Knott, Leslie, Letcher, Pike, Magoffin, and Floyd Counties or their designees in that order. The first three (3) representatives listed shall serve a three (3) year term as voting members, the next three (3) representatives shall serve a two (2) year term as voting members, and the remaining three (3) representatives shall serve a one (1) year term as voting members.
    3. After each term ends, the voting county representative shall be replaced by one (1) of the county judges/executive or his or her designee from one (1) of the target counties whose representative has not yet served as a voting member.
    4. After the third year of operation, each new voting member shall serve a term of three (3) years, then step down and let a representative from the next county in line alphabetically whose representative has not served as a voting member take his or her place.
    5. Once representatives from all participating counties within KMRA have each served one (1) term, the rotation shall begin again.
    1. The board shall meet at least once annually to elect officers, establish a regular meeting schedule, and perform other duties as may be prescribed in the authority’s bylaws. The board chair may call special meetings at any time. (9) (a) The board shall meet at least once annually to elect officers, establish a regular meeting schedule, and perform other duties as may be prescribed in the authority’s bylaws. The board chair may call special meetings at any time.
    2. Notice of each meeting shall be made both in writing and electronically and delivered to board members at least seven (7) days before the scheduled meeting date. Electronic mail alone is an acceptable form of notice of special meetings, so long as it is sent to directors at least seven (7) days before the scheduled meeting date.
    3. Accommodations shall be made for remote attendance of each board meeting, whether regular or special, through means such as video conferencing, conference call, or similar services.
    4. The presence of a majority of the total voting members of the KMRRA board, whether in person or remote, shall constitute a quorum. Vacant board positions shall be counted against the quorum total necessary for board action.
    5. Board meetings shall be held exclusively within KMRRA participating counties, and each meeting shall be held in a different participating county until every participating county has hosted a meeting, at which time the cycle shall begin again.
  8. The KMRRA board:
    1. Shall elect a chair, vice chair, secretary, treasurer, and any other officers as established in the bylaws of the board;
    2. May appoint temporary and standing committees to accomplish the purposes of KRS 148.0221 to 148.0225 and shall clearly describe the role, responsibilities, and tenure of each committee so created;
    3. Shall adopt bylaws for the management and regulation of its affairs and all other matters necessary to effect proper management and accountability of the board. The bylaws shall include, at a minimum, the following:
      1. The powers and duties of the board’s members and the manner and number of officers to be elected from among the board members; and
      2. The terms, conditions, and manner in which a board member will be removed;
    4. Shall review and approve an annual budget;
    5. Shall annually procure an audit of the authority’s financial systems, conducted in accordance with generally accepted auditing standards. The Auditor of Public Accounts shall perform the audit. A copy of the audit shall be sent to the Legislative Research Commission and the Department for Local Government within ten (10) days of receipt by the board;
    6. Shall ensure that all administrative costs for operating the authority are paid from funds accruing to the authority. The authority, its board, and its staff shall incur no liability or obligation beyond the extent to which revenues have been provided under KRS 148.0221 to 148.0225 ;
    7. May seek administrative and management assistance through written agreement with state agencies, local area development districts, or local governing bodies until such time as the board has secured sufficient funding through grants, loans, fee systems, or any other funding source to hire staff; and
    8. Shall employ an executive director to act as its chief executive officer to serve at its will and pleasure once it is financially possible to do so.
  9. The executive director:
    1. Shall be a person who is domiciled in a KMRRA participating county;
    2. May, with permission of the board and approval of the commissioner of the Department for Local Government or his or her designee, employ any other hourly personnel considered necessary and retain temporary services. Pay raises for any personnel shall require approval of the board and the commissioner of the Department for Local Government or his or her designee;
    3. Shall carry out plans to implement KRS 148.0221 to 148.0225 and to exercise those powers enumerated in the bylaws of the board;
    4. Shall, along with any staff with responsibilities so delegated by the executive director, ensure that all minutes, records, and orders of the authority and its board are complete and available for public inspection, if necessary;
    5. Shall prepare narrative and financial reports of the authority’s fiscal obligations and submit these reports to the board at regularly scheduled meetings or as otherwise directed; and
    6. May cast a tiebreaking vote in board decisions, but shall not be permitted to cast a vote under any other circumstances. Until such time as an executive director is hired, the chairperson of the board shall make the final determination in the event of a tie vote of the board.
  10. The executive director, all full-time or part-time personnel, all seasonal employees, and all contractual employees, if any, shall be paid from funds accruing to the authority and authorized in a budget approved by the board, unless the Department for Local Government has temporarily taken on the responsibility of paying any of those employees.
  11. Board members shall serve without compensation, but may be reimbursed for actual and necessary travel expenses incurred in the performance of their duties, subject to Finance and Administration Cabinet administrative regulations. Board members may have their lodging reimbursed by KMRRA. Any reimbursement requests exceeding five hundred dollars ($500) per person shall be submitted to the Department for Local Government for approval.

If a county judge/executive ceases to serve as the county judge/executive prior to the end of his or her term, he or she shall be removed from the board, and his or her replacement as county judge/executive shall serve on the board for the remainder of the term.

HISTORY: 2017 ch. 164, § 4, effective June 29, 2017; 2019 ch. 170, § 2, effective June 27, 2019.

148.0223. Duties of authority — Prioritizing contractual obligations — Authorized functions — No waiver of sovereign immunity.

  1. The KMRRA shall:
    1. Supervise the design and construction of trail systems within the KMRA and provide all management functions for the trails and for any other property built, acquired, or leased pursuant to its powers under KRS 148.0221 to 148.0225 ;
    2. Construct, develop, manage, maintain, operate, improve, renovate, finance, or otherwise provide for recreational and trail-related activities and facilities on designated public lands and private lands of participating landowners who have voluntarily entered into use agreements with the board;
    3. Promote the growth and development of the trail system, tourism, and the hotel, restaurant, and entertainment industry within the KMRA and the Commonwealth, through marketing KMRA to enhance local economic and tourism development;
    4. Establish agreements with other persons, businesses, agencies, organizations, or any other entity to levy a surcharge on tickets for events, activities, festivals, or functions that are cosponsored with other entities and contribute to the authority’s operating revenue; and
    5. Procure insurance against any losses in connection with its property, licenses, easements, or contracts, including hold-harmless agreements, operations, or assets in such amounts and from such insurers as the board considers desirable.
  2. The board’s management program shall prioritize contractual arrangements with private landowners to use land for recreational purposes, which shall not diminish the participating landowner’s interest, control, or profitability of the land. If necessary to implement a comprehensive trail system, the board may also contract with public landowners through contractual agreements that recognize the primary mission for which the public entity controls and manages the land.
  3. The board may carry out any of the following to accomplish the purposes of KRS 148.0221 to 148.0225 :
    1. Acquire, own, and hold property, and all interests therein, by deed, purchase, gift, devise, bequest, or lease, or by transfer from the State Property and Buildings Commission, except that the authority shall not acquire property through the exercise of the power of eminent domain;
    2. Dispose of any property acquired in any manner provided by law;
    3. Lease property, whether as lessee or lessor, and acquire or grant through easement, license, or other appropriate legal form, the right to develop and use property and open it to the use of the public;
    4. Mortgage or otherwise grant security interests in its property;
    5. Maintain sinking funds and reserves as the board determines appropriate for the purposes of meeting future monetary obligations and needs of the authority; however, contributions to a sinking fund during a fiscal year shall not exceed ten percent (10%) of the total fees collected during the prior year;
    6. Sue and be sued, plead and be impleaded, and complain and defend in any court;
    7. Make contracts and execute instruments necessary for carrying on its business, including contracts with any Kentucky state agency, the federal government, or any person, individual, partnership, or corporation to effect any or all of the purposes of KRS 148.0221 to 148.0225 , as follows:
      1. Contracts shall go through a public bidding process;
      2. Contracts for one thousand dollars ($1,000) or more shall be sent, with at least three (3) bids from separate entities, to the Department for Local Government for review and final approval;
      3. Bids from entities within KMRRA participating counties are to be given preference over competing bidders from outside of KMRRA participating counties; and
      4. If the Department for Local Government has not given a response in the form of an approval or rejection after five (5) business days from the date the department received the contract to be reviewed, it shall be considered approved;
    8. Accept grants and loans from and enter into contracts and other transactions with any federal agency, regional commission, or state agency for accomplishing the purposes of KRS 148.0221 to 148.0225;
    9. Borrow money and issue bonds, security interests, or notes;
    10. Provide for and secure the payment of the bonds, security interests, or notes;
    11. Provide for the rights of the holders of the bonds, security interests, or notes;
    12. Purchase, hold, and dispose of any of its bonds, security interests, or notes;
    13. Accept gifts or grants of property, security interests, money, labor, supplies, or services from any governmental unit or from any person, firm, or corporation;
    14. Establish a regional recreational trail system based upon contracts and agreements with participating landowners. The board may enter into contracts with landowners, and other persons holding an interest in the land being used for its recreational facilities, to hold those landowners harmless with respect to any claim in tort growing out of the use of the land for public recreation or growing out of the recreational activities operated or managed by the board from any claim, except a claim for damages proximately caused by the willful or malicious conduct of the landowner or any of his or her agents or employees;
      1. Establish a fee-based system of permits, user registrations, or other trail or facility access mechanisms. (o) 1. Establish a fee-based system of permits, user registrations, or other trail or facility access mechanisms.
      2. The fees may be imposed for access to and use of the trails, parking facilities, visitor centers, or other trail-related recreational purpose facilities or recreation activities that are part of the KMRA or as an admission to an event.
      3. The fees shall be decided by the board.
      4. The KMRRA shall retain and use the revenue from fees for any purposes consistent with KRS 148.0221 to 148.0225 and within the guidelines in subsection (4) of this section;
    15. Promulgate administrative regulations in accordance with KRS Chapter 13A to govern use and maintenance of the KMRA and any other matters for effective management of the KMRA;
    16. Cooperate and contract with the regional recreation authorities of Tennessee, Virginia, West Virginia, and other contiguous states to connect the trails in Kentucky with similar recreation facilities in those states; and
    17. Exercise all of the powers that a corporation may lawfully exercise under the laws of the Commonwealth.
  4. The fees collected by the KMRRA are to be used within the following guidelines:
    1. To pay the salary of the executive director and all staff of the KMRRA;
    2. To reimburse travel expenses of board members including lodging, subject to Finance and Administration Cabinet administrative regulations;
    3. To fund the construction, maintenance, and all necessary expenses of the KMRRA trail system;
    4. To maintain a sinking fund with contributions to the fund during a fiscal year not to exceed ten percent (10%) of the total fees collected during the prior year and the total fund not to exceed a balance of one million dollars ($1,000,000) at the end of any fiscal year; and
    5. Any remaining moneys not already appropriated in accordance with KRS 148.0221 to 148.0225 at the end of the fiscal year are to be sent to the Department for Local Government to be placed into an account to be used exclusively for economic development grants in KMRRA participating counties. These grants shall give preference to projects in economically distressed counties, then to at-risk counties, and then to transitional counties, as defined by the Appalachian Regional Commission.
  5. Nothing in this section shall be construed as a waiver of sovereign immunity.

HISTORY: 2017 ch. 164, § 5, effective June 29, 2017; 2019 ch. 170, § 3, effective June 27, 2019.

148.0224. Revenue bonds and revenue refunding bonds.

  1. Revenue bonds and revenue refunding bonds of the authority issued under KRS 148.0221 to 148.0225 do not constitute a debt of the Commonwealth or of any political subdivision of the Commonwealth or a pledge of the faith and credit of the Commonwealth or of any political subdivision, but the bonds shall be payable solely from the funds provided for in KRS 148.0221 to 148.0225 from revenues resulting from the issuance of bonds.
  2. All bonds shall contain on the face of the bond a statement to the effect that neither the Commonwealth nor any political subdivision of the Commonwealth is obligated to pay the bond or the interest on the bond, except from revenues of the recreational project or projects for which they are issued, and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision of the Commonwealth is pledged to the payment of the principal or the interest on the bonds.

HISTORY: 2017 ch. 164, § 6, effective June 29, 2017.

148.0225. No waiver of landowner protections of KRS 411.190.

A participating landowner who has a contractual agreement with the KMRRA for use of private land as part of the KMRA does not waive any protection granted to the landowner by KRS 411.190 .

HISTORY: 2017 ch. 164, § 7, effective June 29, 2017.

148.026. Employees — Contract for services.

The commissioner of parks may employ or contract with such other persons, firms or corporations as he may deem necessary or desirable to accomplish the duties and functions assigned by law to the Department of Parks; may fix the compensation and the terms of employment or contract of those employed or contracted with; and may assign to them such duties and responsibilities as he may determine; provided, however, that any contract shall be approved by the Finance and Administration Cabinet before it shall become effective. Individuals employed by the commissioner of parks on a temporary basis for specific construction projects under KRS 56.491(5) or for maintenance projects shall be exempt from the requirements of KRS 18A.005 to 18A.200 .

History. Enact. Acts 1964, ch. 157, § 7; 1974, ch. 74, Art. III, § 9(2); 1980, ch. 331, § 2, effective July 15, 1980; 1982, ch. 448, § 68, effective July 15, 1982.

148.028. Determination of need for state park — Request for acquisition.

The Department of Parks, may, through its commissioner, determine the need for lands or waters, or any interest or estate therein, located in Kentucky, having scenic beauty, material or recreational utility, historic interest, natural phenomena or other unusual features which should be acquired, preserved and maintained as a part of the state park system of Kentucky. If a determination is made that any such property or interest therein should be acquired for use in the state park system, the finding of such determination by the commissioner of parks shall be conveyed in writing to the Finance and Administration Cabinet. Such written notification shall apprise the Finance and Administration Cabinet of the interest sought to be acquired and shall serve as a request that the Finance and Administration Cabinet proceed, pursuant to the powers vested in the Finance and Administration Cabinet by KRS Chapters 42, 45 and 56, to acquire the property or interest therein sought for use of the Department of Parks.

History. Enact. Acts 1968, ch. 126, § 2; 1974, ch. 74, Art. II, § 9(1).

148.029. Recreation areas designated wildlife sanctuaries — Wildlife protected — Permits for scientific collecting — Duties of department.

  1. All areas controlled by the Department of Parks and designated as camping, hiking, or other family-oriented recreation areas are designated wildlife sanctuaries for the purpose of affording protection to the wildlife thereon as natural, integrated, interrelated, ecological communities.
  2. No unauthorized person shall enter a wildlife sanctuary and take, damage, injure, kill, destroy, or unduly disturb the wildlife therein except as provided in this section.
  3. The department may issue to any person a permit for the scientific collection of wildlife provided the applicant for such permit holds a current state scientific collecting permit issued by the Department of Fish and Wildlife Resources.
  4. This section does not apply to fish taken pursuant to KRS Chapter 150 and all rules and regulations promulgated by the Department of Parks and the Department of Fish and Wildlife Resources.
  5. The department may authorize the Department of Fish and Wildlife Resources to administer a wildlife management plan that may include the implementation of any management method provided in KRS Chapter 150 in the course of operating and administering the parks; and in so doing shall consider the ecological impact on the sanctuary as a whole.

History. Enact. Acts 1972, ch. 189, § 2(1) to (5); 2000, ch. 87, § 1, effective July 14, 2000.

148.030. Financing acquisition and improvement of parks; revenue bonds; uniting parks in one bond issue; operating expenses; operation by management corporation. [Repealed.]

Compiler’s Notes.

This section (3766d-3b: amend. Acts 1948, ch. 227) was repealed by Acts 1964, ch. 157, § 18. A portion of this section was previously repealed by Acts 1964, ch. 7, § 12.

148.031. Manner of payment of cost of acquisition and construction — Revenue bonds.

  1. The cost of acquiring parks and constructing improvements and facilities therein and equipping same may be defrayed by funds received from general expenditure fund appropriations, gifts, the use of money received as fees and charges for the use of said parks and facilities, or by the issuance of revenue bonds, or by a combination of such sources of funds.
  2. In the event revenue bonds are issued to defray all or any part of such costs, said revenue bonds shall be issued pursuant to the terms of KRS 58.010 to 58.140 .
  3. The Department of Parks may unite into one (1) project for financing purposes all or as many parks, and the improvements therein, or to be constructed, enlarged or improved, as it deems practicable, so that the fees and charges and other revenue or receipts from every source whatsoever from the parks thus united shall be used for the payment of the principal and interest of all bonds which may be issued. Such united receipts shall continue until all bonds issued have been paid in full. The lien of the bonds for such united project shall be a lien upon the gross income and revenue of all parks thus united into a project.
  4. All parks in which improvements and facilities are constructed and equipped by the issuance of revenue bonds shall be maintained and operated by the Department of Parks until the bonds are paid, and the cost of operation and maintenance shall be paid out of appropriations and receipts received by the Department of Parks.

History. Enact. Acts 1964, ch. 157, § 11.

NOTES TO DECISIONS

1. Revenue Bonds.

Though law that provided for financing, acquisition and improvement of parks gave the division of parks (now Department of Parks) authority to finance acquisition and improvement of park property by issuing revenue bonds pursuant to KRS ch. 58, the State Property and Buildings Commission was also given the same authority under the later provisions of KRS ch. 56 which in effect provided an alternate procedure for financing by means of revenue bonds. Kentucky Lake Vacation Land, Inc. v. State Property & Bldgs. Com., 333 S.W.2d 779, 1960 Ky. LEXIS 212 ( Ky. 1960 ) (decided under prior law).

Research References and Practice Aids

Cross-References.

State Property and Buildings Commission to control capital outlay projects, KRS 56.460 to 56.550 .

148.040. Regulations for parks; accounting system. [Repealed.]

Compiler’s Notes.

This section (3766d-3c: amend. Acts 1948, ch. 227) was repealed by Acts 1964, ch. 157, § 18.

148.041. Regulations — Accounting system.

The department shall adopt regulations necessary for the operation, maintenance and use of state parks. These regulations shall include the setting up of an accounting system to properly show the receipts and expenditures of the parks operated by the department, and shall provide for the setting aside and pledging of sufficient revenue to secure the payment of all bonds and the interest thereon which may be issued.

History. Enact. Acts 1964, ch. 157, § 4.

148.050. Rules to be posted and obeyed. [Repealed.]

Compiler’s Notes.

This section (3766d-4) was repealed by Acts 1964, ch. 157, § 18.

148.051. Regulations to be posted.

  1. All regulations adopted by the department for the purpose of protecting and maintaining the property under the control of the department and devoted to public park purposes, shall be printed and posted at the main entrance to the parks and at three (3) or more public places within the park.
  2. All persons using, occupying or going upon any property held by or controlled by the Department of Parks shall comply with all the regulations made by the department.

History. Enact. Acts 1964, ch. 157, § 5.

Research References and Practice Aids

Cross-References.

Injury of flora or scattering of debris in parks prohibited, KRS 433.750 .

148.055. Commissioning park custodians and employes as peace officers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 205, § 1) was repealed by Acts 1964, ch. 157, § 18.

148.056. Commissioner of parks may commission park rangers — Powers as peace officers.

  1. The commissioner of parks, in his discretion, may employ and commission park rangers as the commissioner deems necessary to secure the parks and property of the Department of Parks and to maintain law and order and such employees, when so commissioned, shall have all of the powers of peace officers and shall have on all parks property and on public highways transversing such property in all parts of the state the same powers with respect to criminal matters and enforcement of the laws relating thereto as sheriffs, constables and police officers in their respective jurisdictions, and shall possess all the immunities and matters of defense now available or hereafter made available to sheriffs, constables and police officers in any suit brought against them in consequence of acts done in the course of their employment.
  2. The designation of any such employee as a peace officer shall be governed by the provisions of KRS 61.300 except that he shall not be required to have resided in the county wherein he is to serve for a period of at least two (2) years, and he shall be required to file his photograph and affidavit only with the Franklin county clerk.
  3. Any employee so commissioned shall be required to execute bond, subject to the provisions of KRS 62.170 , for the faithful and lawful performance of his duties.

History. Enact. Acts 1964, ch. 157, § 6; 1972, ch. 217, § 1; 1980, ch. 188, § 111, effective July 15, 1980; 1980, ch. 295, § 23, effective July 15, 1980; 1982, ch. 343, § 21, effective July 15, 1982.

NOTES TO DECISIONS

1. Improper Stop.

Where park ranger stopped defendant approximately four miles outside the park, and where ranger was not in hot pursuit of someone who had committed a crime within the park nor did exigent circumstances exist, the stop occurred outside the park ranger’s jurisdiction and was, therefore, improper. Churchwell v. Commonwealth, 843 S.W.2d 336, 1992 Ky. App. LEXIS 213 (Ky. Ct. App. 1992).

Opinions of Attorney General.

The only limitations imposed on the powers and duties of park rangers are those set out in KRS 16.120 (repealed) in the same manner as an officer of the state police, pursuant to KRS 16.060 , who have for a number of years carried concealed deadly weapons on and off duty throughout the Commonwealth, except in those cities which have specifically excluded them from jurisdiction, so that duly sworn park rangers may carry concealed weapons on or off park property and need not be on duty or in uniform. (To the extent this opinion differs from OAG 89-28 concerning the jurisdiction of a park ranger, it is modified accordingly.) OAG 73-210 .

Since park rangers have jurisdiction in all parts of the State, the rangers could patrol state and county roads adjacent to park property. (To the extent this opinion differs from OAG 89-28 concerning the jurisdiction of a park ranger, it is modified accordingly.) OAG 77-566 .

The Legislature has limited the jurisdiction and authority of a park ranger, as a peace officer, to all parks property in the state and public highways transversing such property; an exception to this limitation would be a hot pursuit situation where the park ranger is in pursuit of a person fleeing the park who has committed a violation of law within the powers of the park ranger to enforce; to the extent that prior opinions of this office, OAG 73-210 and OAG 77-566 (which preceded the 1982 amendment to this section), differ from this opinion concerning the jurisdiction of a park ranger, they are hereby modified accordingly. OAG 89-28 .

Research References and Practice Aids

Cross-References.

Bonds of state employees, KRS 62.170 .

148.060. Department may condemn lands; contracts in name of Commonwealth. [Repealed.]

Compiler’s Notes.

This section (3766e-26) was repealed by Acts 1964, ch. 157, § 18.

148.061. Acquisition of property by condemnation; titles, approval. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1964, ch. 157, § 9) was repealed by Acts 1968, ch. 126, § 3.

148.066. Acceptance of park property — Title — Use.

  1. The Department of Parks shall accept for the state any real estate or personal property conveyed or dedicated for public park purposes to the state or to the department or to its predecessor, but the department is not compelled to accept any such property if it deems it unwise to do so.
  2. The title to all property that has been, or shall be, acquired by the Commonwealth or its agency for public park purposes shall be vested in the Commonwealth. Such property shall be managed, maintained, and improved by the Department of Parks for public park purposes.

History. Enact. Acts 1964, ch. 157, § 8.

NOTES TO DECISIONS

  1. Title.
  2. Taking Land Without Compensation.
1. Title.

Commonwealth and decedent’s heirs held land as tenants in common where decedent, who had offered to dedicate his interest to Commonwealth for a park on condition his sister who was his cotenant would also dedicate her interest to Commonwealth for a park, died prior to conveying his interest but his sister after her brother’s death conveyed her interest to the Commonwealth. Givens v. Commonwealth, 244 S.W.2d 740, 1951 Ky. LEXIS 1236 ( Ky. 1951 ) (decided under prior law).

2. Taking Land Without Compensation.

Kentucky State Park Commission (now Department of Parks) was suable for taking land for public use as state park without just or any compensation; action being against state agency for wrongful taking of property in violation of Ky. Const., §§ 13 and 242. Kentucky State Park Com. v. Wilder, 256 Ky. 313 , 76 S.W.2d 4, 1934 Ky. LEXIS 401 ( Ky. 1934 ); aff’d, Kentucky State Park Com. v. Wilder, 260 Ky. 190 , 84 S.W.2d 38, 1935 Ky. LEXIS 437 ( Ky. 1935 ) (decided under prior law).

Although action against park commission by persons claiming an undivided interest in lands theretofore conveyed to state for park purposes, for sale of such indivisible land and distribution of proceeds, would have been, in effect, action against state, and hence not maintainable, appropriate action would have lain against state for damages because of its taking, injuring or destroying private property for public purposes. Kentucky State Park Com. v. Wilder, 256 Ky. 313 , 76 S.W.2d 4, 1934 Ky. LEXIS 401 ( Ky. 1934 ), aff’d, Kentucky State Park Com. v. Wilder, 260 Ky. 190 , 84 S.W.2d 38, 1935 Ky. LEXIS 437 ( Ky. 1935 ) (decided under prior law).

Opinions of Attorney General.

The Commonwealth of Kentucky has the authority to lease out of state lands for park purposes from the United States Corps of Engineers. OAG 70-328 .

Research References and Practice Aids

Cross-References.

Attorney general to inspect abstracts of lands paid for by state funds, KRS 56.040 .

State agencies to acquire or dispose of land, powers limited, KRS 56.500 .

Titles to be in name of Commonwealth, KRS 56.030 .

148.070. Attorney General to institute condemnation proceedings. [Repealed.]

Compiler’s Notes.

This section (3766e-27, 3766e-28) was repealed by Acts 1964, ch. 157, § 18.

148.071. Attorney General to prosecute condemnation suits; parties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1964, ch. 157, § 10) was repealed by Acts 1968, ch. 126, § 3.

148.080. My Old Kentucky Home. [Repealed.]

Compiler’s Notes.

This section (2739f-4) was repealed by Acts 1964, ch. 157, § 18.

148.085. Boonesboro State Park. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 104, §§ 1, 2) was repealed by Acts 1964, ch. 157, § 18.

148.090. Kentucky National Park Commission; powers. [Repealed.]

Compiler’s Notes.

This section (3766e-1, 3766e-11, 4618-124) was repealed by Acts 1960, ch. 68, Art. X, § 7.

148.100. Membership and organization of National Park Commission. [Repealed.]

Compiler’s Notes.

This section (3766e-2) was repealed by Acts 1960, ch. 68, Art. X, § 7.

148.110. Parks Board to acquire lands and convey them to United States. [Repealed.]

Compiler’s Notes.

This section (3766e-3) was repealed by Acts 1964, ch. 157, § 18.

148.111. State Property and Buildings Commission to promote national parks — Agreements — Powers.

The State Property and Buildings Commission is hereby authorized and directed to further the establishment of national parks in such areas in Kentucky as the Congress of the United States designates. To accomplish that purpose, the commission may enter into agreements with the United States relating to the survey, location, and conveyance of property acquired by the commission for that purpose. It may fully cooperate with the United States and do all necessary acts to provide for the establishment of national parks under such terms as are provided by any relative Act of Congress. To accomplish this end the commission shall acquire land, caves, cave rights, leasehold interests, money and other property for public park purposes and to convey them to the United States for the establishment of national parks. The commission may do such other acts necessary to promote and accomplish its purpose. The acts of the commission shall be the acts of the state.

History. Enact. Acts 1964, ch. 157, § 13.

NOTES TO DECISIONS

  1. Action for Possession.
  2. Right to Contest Tax Lien.
1. Action for Possession.

National Park Commission (now State Property and Building Commission), after conveying park property to the United States, could have still maintained forcible detainer action in its own name against original vendor of property who had reserved right of possession until conveyance to the United States. Demunbrun v. Kentucky Nat'l Park Com., 278 Ky. 521 , 128 S.W.2d 963, 1939 Ky. LEXIS 459 ( Ky. 1939 ). (decided under prior law)

2. Right to Contest Tax Lien.

Commission (now State Property and Buildings Commission) having acquired in January, 1932 from Mammoth Cave Development Company land which was subject to July 1, 1931 lien for taxes, on joining its vendor as party, could have attacked the lien or assessment on which it was based, and contended that increase in assessed valuation made in February, 1932 was void as against it for want of notice to it and its vendor. Kentucky Nat'l Park Ass'n v. Reed, 250 Ky. 525 , 63 S.W.2d 614, 1933 Ky. LEXIS 735 ( Ky. 1933 ) (decided under prior law).

148.120. Parks Board may condemn property. [Repealed.]

Compiler’s Notes.

This section (3766e-4, 3766e-5, 3766e-10: amend. Acts 1944, ch. 22) was repealed by Acts 1964, ch. 157, § 18.

148.121. Condemnation of land designated by United States for parks — Procedure.

  1. The commission may condemn any land or any interest in land within areas designated by the United States for park sites. Condemnation proceedings shall be exercised in accordance with the Eminent Domain Act of Kentucky. No condemnation proceedings shall impose on the state any liability for which provision has not previously been made. The commission shall also pay the expenses of condemnation proceedings, judgments and awards in condemnation proceedings, and other expenses necessary to acquire property.
  2. The action shall be brought in the Circuit Court where the property lies by the Attorney General, and the county attorney of that county at the direction of the Attorney General shall assist in the prosecution of said action.
  3. It shall not be mandatory for the commission to take the property at the price fixed by the jury or court judgment. However, in case the commission does not take the property, and perform all requirements of the judgment rendered by the court, then and in that event said commission shall pay the property owner all expenses as he may have incurred incident to the law suit, including attorney’s fees, and the property owner may have judgment in the original action upon filing proper proof thereof with the court.

History. Enact. Acts 1964, ch. 157, § 14; 1976 (Ex. Sess.), ch. 14, § 160, effective January 2, 1978.

NOTES TO DECISIONS

  1. Construction.
  2. Application.
  3. Action by United States.
1. Construction.

Law that provided that land could be condemned for park sites and that such condemnation did not impose any liability on state for which provision had not previously been made merely declared when the Commonwealth would have been liable and not when commission might institute actions. J. F. Schneider & Son, Inc. v. Watt, 252 S.W.2d 898, 1952 Ky. LEXIS 1040 ( Ky. 1952 ) (decided under prior law).

2. Application.

Law that provided that it was not mandatory for the commission to take the property at the price fixed by the jury or court judgment granted relief only after an award and judgment and after the condemnor refused to take the property at the price fixed in the judgment. J. F. Schneider & Son, Inc. v. Watt, 252 S.W.2d 898, 1952 Ky. LEXIS 1040 ( Ky. 1952 ) (decided under prior law).

3. Action by United States.

Where condemnation proceedings were brought by the United States at the formal request of the commission, the provisions of law that condemnation proceedings be brought in county where property lies were not applicable. J. F. Schneider & Son, Inc. v. Watt, 252 S.W.2d 898, 1952 Ky. LEXIS 1040 ( Ky. 1952 ) (decided under prior law).

Research References and Practice Aids

Cross-References.

Department of Fish and Wildlife Resources may condemn property, KRS 150.024 .

Eminent Domain Act, KRS 416.540 to 416.680 .

148.130. Parks Board may receive donations and collect subscriptions. [Repealed.]

Compiler’s Notes.

This section (3766e-6) was repealed by Acts 1964, ch. 157, § 18.

148.131. Commission may accept property for national park purposes.

The commission may receive by gift or purchase and hold any property or money for the purpose of establishing national parks, and may use such gifts in the purchase of real estate interests therein needed for proposed national parks. It may also dispose of any property so accepted by it, and use the proceeds or consideration received, in the acquisition of other real estate for national park purposes. The commission may also take over assets assigned to it by any private corporation formed and conducted for the purpose of acquiring and establishing national parks. The commission may collect any delinquent contributions or subscriptions or other obligations turned over to it, whether they have been made directly to the commission or acquired by assignment to it.

History. Enact. Acts 1964, ch. 157, § 15.

Research References and Practice Aids

Cross-References.

Commonwealth to be named as grantee, KRS 56.030 .

148.140. Conveyances to the United States. [Repealed.]

Compiler’s Notes.

This section (3766e-7) was repealed by Acts 1964, ch. 157, § 18.

148.141. Conveyances to the United States, conditions.

Conveyances to the United States shall be made on the condition that the government of the United States administer, protect and develop the property for national park purposes, in accordance with federal laws regulating national parks.

History. Enact. Acts 1964, ch. 157, § 16.

NOTES TO DECISIONS

1. Right of Possession.

National Park Commission (now State Property and Buildings Commission) after conveying park property to the United States, could still maintain forcible detainer action in its own name against original vendor of property who had reserved right of possession until conveyance to the United States. Demunbrun v. Kentucky Nat'l Park Com., 278 Ky. 521 , 128 S.W.2d 963, 1939 Ky. LEXIS 459 ( Ky. 1939 ) (decided under prior law).

Research References and Practice Aids

Cross-References.

Grant to United States of lands and rights to acquire, KRS ch. 3.

148.150. Parks Board may adopt regulations. [Repealed.]

Compiler’s Notes.

This section (3766e-8) was repealed by Acts 1964, ch. 157, § 18.

148.151. Regulations for handling national park property.

The commission may adopt and enforce lawful regulations for the proper administration and disposition of any property to which it may acquire title or over which it may gain control previous to the conveyance thereof to the United States.

History. Enact. Acts 1964, ch. 157, § 17.

Research References and Practice Aids

Cross-References.

Injury of flora or scattering of debris in parks prohibited, KRS 433.750 .

148.160. Condemnation of land by association for memorial purposes. [Repealed.]

Compiler’s Notes.

This section (2739d-1) was repealed by Acts 1964, ch. 157, § 18.

148.161. Civil War cemeteries, maintenance, acquisition by department — Expenditures limited.

  1. Upon the request of the public body or private entity owning or controlling a Civil War cemetery, the Department of Parks may, as to a cemetery other than those mentioned in subsection (2) of this section, maintain a cemetery in an appropriate manner and may take title in the name of the Commonwealth to such cemetery by a deed of conveyance, subject to the appropriate sections of KRS Chapters 45 and 56. As used herein, the term, “Civil War cemetery” means a cemetery, or separate part of a cemetery, in which twenty-five (25) or more soldiers who fought in the war between the states are interred.
  2. The Department of Parks shall maintain or take title to any of the following cemeteries upon formal request of the owning or controlling entity:
  3. Expenditures by the Department of Parks for the purposes of this section shall not exceed twelve hundred dollars ($1,200) annually.

Pewee Valley Confederate Cemetery, Oldham County.

Goodnight Farm Confederate Cemetery, Boyle County.

Zollicoffer Park Confederate Cemetery, Pulaski County.

Camp Beauregard Cemetery, Graves County.

History. Enact. Acts 1968, ch. 18, §§ 1 to 3.

148.163. Title to and maintenance of covered wooden bridges. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 170, § 4; 1978, ch. 284, § 1) was repealed by Acts 1980, ch. 323, § 3, effective July 15, 1980.

148.170. Appropriations by counties to World War memorial. [Repealed.]

Compiler’s Notes.

This section (2739d-2) was repealed by Acts 1964, ch. 157, § 18.

148.171. State aid for establishment of county and city parks, limits — Use of funds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 79, §§ 1 to 3; 1978, ch. 384, § 565, effective June 17, 1978) was repealed by Acts 1982, ch. 162, § 2, effective July 15, 1982.

148.180. Acquisition of Simon Bolivar Buckner Farm for state park; appropriation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 91) was repealed by Acts 1964, ch. 157, § 18.

148.190. Acquisition of Francis Berry house for removal to Lincoln Homestead Park; appropriation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 137) was repealed by Acts 1964, ch. 157, § 18.

148.200. Maintenance of grounds of Old State Capitol. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 41, §§ 1-3; 1950, ch. 193) was repealed by Acts 1960, ch. 68, Art. X, § 7.

148.210. Old Governor’s Mansion, restoration and use as museum. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 195) was repealed by Acts 1956, ch. 24, § 1.

148.220. Compact with Virginia for Breaks Interstate Park.

History. Enact. Acts 1954, ch. 82, § 1; 1964, ch. 98, § 1; 1994, ch. 22, § 1, effective July 15, 1994.

The Governor is hereby authorized and directed to execute, on behalf of the Commonwealth of Kentucky, the following compact with the Commonwealth of Virginia which is hereby approved, ratified and enacted into law:

BREAKS INTERSTATE PARK COMPACT

Pursuant to authority granted by an Act of the 83rd Congress of the United States, being Public Law 275, approved August 14, 1953, the Commonwealth of Kentucky and the Commonwealth of Virginia do hereby covenant and agree as follows:

ARTICLE I.

The Commonwealth of Kentucky and the Commonwealth of Virginia agree to create, develop and operate an interstate park to be known as The Breaks Interstate Park, which shall be located along the Russell Fork of the Levisa Fork of the Big Sandy River and on adjacent areas in Pike County, Kentucky, and Dickenson and Buchanan counties, Virginia. Said park shall be of such area and of such character as may be determined by the commission created by this compact.

ARTICLE II.

There is hereby created The Breaks Interstate Park Commission, which shall be a body corporate with the powers and duties set forth herein and such additional powers as may be conferred upon it by subsequent action of the appropriate authorities of Kentucky and Virginia. The commission shall consist of the Director of the Virginia Department of Conservation and Recreation or his designee and the Commissioner of the Kentucky Department of Parks or his designee as voting, ex officio members and three commissioners from each of the two states, each of whom shall be a citizen of the state he shall represent. Members of the commission shall be appointed by the Governor. Vacancies shall be filled by the Governor for the unexpired term. The term of the commissioners appointed by the Governor shall be for four years. Each commissioner shall hold office until his successor is appointed and qualified. An officer or employee of the state, a political subdivision or the United States government may be appointed a commissioner under this compact.

ARTICLE III.

The commission created herein shall be a joint corporate instrumentality of both the Commonwealth of Kentucky and the Commonwealth of Virginia for the purpose of effecting the objects of this compact, and shall be deemed to be performing governmental functions of the two states in the performance of its duties hereunder. The commission shall have power to sue and be sued, to contract and be contracted with, to use a common seal and to make and adopt suitable bylaws, rules and regulations. The commission shall have the authority to acquire by gift, purchase or otherwise real estate and other property, and to dispose of such real estate and other property. Each Commonwealth agrees that it will authorize the commission to exercise the right of eminent domain to acquire property located within each Commonwealth required by the commission to effectuate the purposes of this compact.

ARTICLE IV.

The commission shall select from among its members a chairman and a vice chairman, and may select from among its members a secretary and treasurer or may designate other persons to fill these positions. It may appoint, and at its pleasure remove or discharge, such officers and legal, clerical, expert and other assistants and employees as may be required to carry the provisions of this compact into effect, and shall fix and determine their duties, qualifications and compensation. It may establish and maintain one or more offices for the transaction of its business, and may meet at any time or place. A majority of the commissioners present shall constitute a quorum for the transaction of business. The commissioners shall serve without compensation, but shall be paid their expenses incurred in and incident to the performance of their duties. They shall take the oath of office required of officers of their respective states.

ARTICLE V.

Each Commonwealth agrees that the officers and departments of each will be authorized to do all things falling within their respective jurisdictions necessary or incidental to the carrying out of the compact in every particular. The commission shall be entitled to the services of any state officer or agency in the same manner as any other department or agency of this state. The commission shall keep accurate records, showing in full its receipts and disbursements, and said records shall be open at any reasonable time to the inspection of such representatives of the two Commonwealths as may be duly constituted for that purpose. The commission shall submit annually and at other times as required such reports as may be required by the laws of each Commonwealth or by the Governor thereof.

ARTICLE VI.

The cost of acquiring land and other property required in the development and operation of The Breaks Interstate Park and constructing, maintaining and operating improvements and facilities therein and equipping same may be defrayed by funds received from appropriations, gifts, the use of money received as fees or charges for the use of said park and facilities, or by the issuance of revenue bonds, or by a combination of such sources of funds. The commission may charge for admission to said park, or make other charges deemed appropriate by it and shall have the use of funds so received for park purposes. The commission is authorized to issue revenue bonds, which shall not be obligations of either state, pursuant to procedures which shall be in substantial compliance with the provisions of laws of either or both states governing the issuance of revenue bonds by governmental agencies.

ARTICLE VII.

All money, securities and other property, real and personal, received by way of gift or otherwise or revenue received from its operations may be retained by the commission and used for the development, maintenance and operation of the Park or for other Park purposes.

The commission shall not pledge the credit of either Commonwealth except by and with the authority of the General Assembly thereof.

ARTICLE VIII.

This compact may be amended from time to time by the concurrent action of the two Commonwealth parties hereto.

Legislative Research Commission Note.

(8/16/95). The Commonwealth of Virginia approved changes in the Breaks Interstate Park Compact that were substantially the same as those adopted in 1994 Ky. Acts ch. 22. See Virginia Acts of Assembly, 1994 Session, Chapter 622 (approved April 10, 1994, effective upon approval of same amendments by the Commonwealth of Kentucky). Thus, pursuant to 1994 Ky. Acts ch. 22, sec. 3, the 1994 amendment of this statute became effective July 15, 1994, the normal effective date for legislation enacted during the 1994 Regular Session of the Kentucky General Assembly.

148.225. Lieutenant Governor to be member of board.

One (1) of the four (4) members of the Breaks Interstate Park Commission appointed by the Governor pursuant to Article II of the compact set forth in KRS 148.220 shall be the Lieutenant Governor.

History. Enact. Acts 1980, ch. 141, § 10, effective July 15, 1980; 1994, ch. 22, § 2, effective July 15, 1994.

Legislative Research Commission Note.

(8/16/95). The Commonwealth of Virginia approved changes in the Breaks Interstate Park Compact that were substantially the same as those adopted in 1994 Ky. Acts ch. 22. See Virginia Acts of Assembly, 1994 Session, Chapter 622 (approved April 10, 1994, effective upon approval of same amendments by the Commonwealth of Kentucky). Thus, pursuant to 1994 Ky. Acts ch. 22, sec. 3, the 1994 amendment of this statute became effective July 15, 1994, the normal effective date for legislation enacted during the 1994 Regular Session of the Kentucky General Assembly.

148.230. State agencies to cooperate with Breaks Interstate Park Commission — Powers of State Property and Buildings Commission.

  1. All governmental agencies of the Commonwealth of Kentucky are authorized to cooperate with the Breaks Interstate Park Commission created by the compact approved by KRS 148.220 , it being the policy of this Commonwealth to perform and carry out the compact and to accomplish the purposes thereof.
  2. The Finance and Administration Cabinet is authorized to allot funds appropriated by the General Assembly and the State Property and Buildings Commission is authorized to make appropriations to the Breaks Interstate Park Commission for the same purposes it is authorized to make expenditures for other state agencies. Either the State Property and Buildings Commission or the Breaks Interstate Park Commission may exercise the right of eminent domain on behalf of the Commonwealth of Kentucky in acquiring land or other property required in the establishment or enlargement of the Breaks Interstate Park.

History. Enact. Acts 1954, ch. 82, § 2; 1964, ch. 98, § 2; 1964, ch. 157, § 18; 1968, ch. 152, § 111; 1974, ch. 74, Art. II, §§ 9(1).

148.231. State agencies to cooperate with Breaks Interstate Park Commission, powers of agencies. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1964, ch. 157, § 12) was repealed by Acts 1968, ch. 152, § 168.

148.235. Breaks Interstate Park Commission may condemn land — Conveyances by state to commission.

The Breaks Interstate Park Commission may acquire by condemnation in the manner provided in the Eminent Domain Act of Kentucky such lands lying within this state as may be necessary to be acquired for purposes of the Breaks Interstate Park. Deeds to land in this state comprising the Breaks Interstate Park shall be in the name of the Breaks Interstate Park Commission, KRS 56.030 notwithstanding. Subject to the approval of the Governor, the State Property and Buildings Commission is hereby empowered to convey by deed to the Breaks Interstate Park Commission all right, title and interest of the Commonwealth in and to all real property now held in behalf of this Commonwealth and comprising the Breaks Interstate Park.

History. Enact. Acts 1964, ch. 99; 1976, ch. 140, § 64.

Research References and Practice Aids

Cross-References.

Eminent Domain Act of Kentucky, KRS 416.540 to 416.680 .

148.240. Statue of Alben W. Barkley. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 79, §§ 1, 2) was repealed by Acts 1964, ch. 157, § 18.

148.241. Compact for Falls of the Ohio Interstate Park.

The Falls of the Ohio Interstate Park Compact is hereby enacted into law and entered into by this state with the state of Indiana, in the form substantially as follows:

History. Enact. Acts 1968, ch. 8, § 1.

FALLS OF THE OHIO INTERSTATE PARK COMPACT

ARTICLE I.

The State of Indiana and the Commonwealth of Kentucky agree to create, develop and operate an interstate park to be known as Falls of the Ohio Interstate Park, which shall be located along the Ohio River at the Falls of the Ohio and on adjacent areas in Clark and Floyd Counties, Indiana, and Jefferson County, Kentucky. Said park shall be of such area and of such character as may be determined by the commission created by this compact.

ARTICLE II.

There is hereby created The Falls of the Ohio Interstate Park Commission, which shall be a body corporate with the powers and duties set forth herein and such additional powers as may be conferred upon it by subsequent action of the appropriate authorities of Indiana and Kentucky. The commission shall consist of three commissioners from each of the two states, each of whom shall be a citizen of the state he shall represent. Members of the commission shall be appointed by the Governor. Vacancies shall be filled by the Governor for the unexpired term. The term of one of the first commissioners appointed shall be for two years, the term of another for three years, and the term of the third for four years. Their successors shall be appointed for terms of four years each. Each commissioner shall hold office until his successor is appointed and qualified. An officer or employee of the state, a political subdivision or the United States government may be appointed a commissioner under this compact.

ARTICLE III.

The commission created herein shall be a joint corporate instrumentality of both the State of Indiana and the Commonwealth of Kentucky for the purpose of effecting the objects of this compact, and shall be deemed to be performing governmental functions of the two states in the performance of its duties hereunder. The commission shall have power to sue and be sued, to contract and be contracted with, to use a common seal and to make and adopt suitable bylaws, rules and regulations. The commission shall have the authority to acquire by gift, purchase or otherwise real estate and other property, and to dispose of such real estate and other property. Each state agrees that it will exercise the right of eminent domain to acquire property located within each state required by the commission to effectuate the purposes of this compact.

ARTICLE IV.

The commission shall select from among its members a chairman and a vice chairman, and may select from among its members a secretary and treasurer or may designate other persons to fill these positions. It may appoint, and at its pleasure remove or discharge, such officers and legal, clerical, expert and other assistants and employees as may be required to carry the provisions of this compact into effect, and shall fix and determine their duties, qualifications and compensation. It may establish and maintain one or more offices for the transaction of its business, and may meet at any time or place. A majority of the commissioners present shall constitute a quorum for the transaction of business. The commissioners shall serve without compensation, but shall be paid their expenses incurred in and incident to the performance of their duties. They shall take the oath of office required of officers of their respective states.

ARTICLE V.

Each state agrees that the officers and departments of each will be authorized to do all things falling within their respective jurisdictions necessary or incidental to the carrying out of the compact in every particular. The commission shall be entitled to the services of any state officer or agency in the same manner as any other department or agency of this state. The commission shall keep accurate records, showing in full its receipts and disbursements, and said records shall be open at any reasonable time to the inspection of such representative of the two states as may be duly constituted for that purpose. The commission shall submit annually and at other times as required such reports as may be required by the laws of each state or by the Governor thereof.

ARTICLE VI.

The cost of acquiring land and other property required in the development and operation of the Falls of the Ohio Interstate Park and constructing, maintaining and operating improvements and facilities therein and equipping same may be defrayed by funds received from appropriations, gifts, the use of money received as fees or charges for the use of said park and facilities, or by the issuance of revenue bonds, or by a combination of such sources of funds. The commission may charge for admission to said park, or make other charges deemed appropriate by it and shall have the use of funds so received for park purposes. The commission is authorized to issue revenue bonds, which shall not be obligations of either state, pursuant to procedures which shall be in substantial compliance with the provisions of laws of either or both states governing the issuance of revenue bonds by governmental agencies.

ARTICLE VII.

All money, securities and other property, real and personal, received by way of gift or otherwise or revenue received from its operations may be retained by the commission and used for the development, maintenance and operation of the park or for other park purposes.

The commission shall not pledge the credit of either state except by and with the authority of the General Assembly thereof.

ARTICLE VIII.

This compact may be amended from time to time by the concurrent action of the two states parties hereto.

The compact approved herein shall become effective upon ratification and approval of the compact by the General Assembly of the State of Indiana and upon approval of this compact by the Congress of the United States.

148.242. Lieutenant Governor to be member of board.

One (1) of the three (3) members of the Falls of the Ohio Interstate Park Commission appointed by the Governor pursuant to Article II of the compact set forth in KRS 148.241 shall be the Lieutenant Governor.

History. Enact. Acts 1980, ch. 141, § 10, effective July 15, 1980.

148.250. Thoroughbred State Park.

There may be a state park at a site to be selected by the commissioner of parks in Fayette County, Kentucky, which park shall be known as Thoroughbred State Park. It shall be developed for recreational and educational purposes, in commemoration of the influence of the Thoroughbred horse industry on the history and traditions of the Commonwealth. It shall include restaurant facilities for visitors and a museum of the Thoroughbred industry.

History. Enact. Acts 1970, ch. 179, § 1.

Legislative Research Commission Note.

(2005) Acts 1970, ch. 179, §§ 2, 3 provide for a site selection committee which shall report its recommendations to the commissioner of parks by July 1, 1971, and for the acquisition of property necessary to construct and equip the facility.

148.255. Legislative approval required for disposal of certain park property.

No interest in real property that is located in a county containing a consolidated local government and that is owned by the Commonwealth and managed by the Kentucky Department of Parks and having a value greater than four hundred thousand dollars ($400,000) shall be sold, traded, or otherwise disposed of without prior authorization by the General Assembly.

History. Enact. Acts 2005, ch. 145, § 1, effective June 20, 2005.

Legislative Research Commission Note.

(6/20/2005). Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

148.257. Interim state employees designated as craftspersons — Permission to sell.

  1. Notwithstanding KRS 11A.020 , 11A.040 , and 45A.340 , or any other law to the contrary, the commissioner may designate as a craftsperson any interim state employee whose duties consist primarily of craft-making demonstrations and who has been juried by a craft jury.
  2. Persons designated as craftspersons under subsection (1) of this section may sell craft products to gift shops operated by the Department of Parks, provided that the products are made from materials that have not been purchased with state funds.

History. Enact. Acts 2006, ch. 68, § 3, effective July 12, 2006.

Kentucky Horse Park Commission

148.258. Definition.

As used in KRS 148.260 to 148.320 the term “commission” shall mean the “Kentucky Horse Park Commission” unless the context clearly indicates otherwise.

History. Enact. Acts 1986, ch. 96, § 1, effective July 15, 1986.

148.260. Kentucky Horse Park Commission — Members — Terms — Meetings — Reimbursement for expenses — Bylaws — Advisory committee.

  1. There is hereby created and established an agency of state government to be known as the Kentucky Horse Park Commission, which shall constitute a separate administrative body of state government within the meaning of KRS 12.010(8) and under the provisions of KRS 12.015 shall be attached to the Tourism, Arts and Heritage Cabinet for administrative purposes.
  2. The commission shall be composed of the following fifteen (15) members:
    1. Thirteen (13) members appointed by the Governor who possess the ability to provide broad management expertise and direction in the operation of the Kentucky Horse Park and , to the extent possible, represent the diverse interests of the Kentucky horse industry, four (4) or more of whom represent the equine industry and four (4) or more of whom are active in industry, tourism, or commerce. The members of the commission appointed under this paragraph shall serve for a term of four (4) years, except that initial appointments shall be as follows:
      1. Four (4) members shall serve for a term of two (2) years;
      2. Five (5) members shall serve for a term of three (3) years; and
      3. Four (4) members shall serve for a term of four (4) years; and
    2. The secretary of the Cabinet for Economic Development and the secretary of the Tourism, Arts and Heritage Cabinet, who shall serve as ex officio members with full voting rights.
  3. The Governor shall designate one (1) member of the commission to serve as chairperson and one (1) member of the commission to serve as vice chairperson, both of whom shall serve at the pleasure of the Governor. The vice chairperson shall preside over meetings in the absence of the chairperson.
  4. The commission shall meet quarterly, and the chairperson shall preside over the meetings. The chairperson may call special meetings of the commission upon a request of the majority of the members of the commission, or upon request of the Governor.
  5. Members shall be reimbursed only for expenses incurred in the discharge of official business, subject to regulations established by the Finance and Administration Cabinet. All expenses reimbursed to members shall be paid from operating funds of the Kentucky Horse Park.
  6. The commission shall establish and maintain an office at the Kentucky State Horse Park for the transaction of its business and shall not establish any branch office. The commission may hold meetings at any other place when the convenience of the commission requires.
  7. The commission shall be authorized to adopt bylaws providing for the call of its meetings, which shall be held at least quarterly, and for its operating procedures. A quorum of the commission shall consist of eight (8) members, and a quorum of members present at any duly-called meeting may act upon any matter before it for consideration. Each member shall have one (1) vote.
  8. The Governor may establish an advisory committee to advise in the administration, development, and operation of the Kentucky Horse Park or other functions, activities, and programs provided for or authorized by KRS 148.260 to 148.320 .

HISTORY: Enact. Acts 1979 (Ex. Sess.), ch. 6, § 1, effective July 1, 1979; 1980, ch. 295, § 24, effective July 15, 1980; 1982, ch. 396, § 15, effective July 15, 1982; 1984, ch. 404, § 12, effective July 13, 1984; 1986, ch. 96, § 2, effective July 15, 1986; 1988, ch. 205, § 9; 1994, ch. 196, § 1, effective July 15, 1994; 1998, ch. 48, § 7, effective July 15, 1998; 1998, ch. 70, § 1, effective July 15, 1998; 2005, ch. 95, § 16, effective June 20, 2005; 2009, ch. 16, § 17, effective June 25, 2009; 2017 ch. 73, § 1, effective June 29, 2017.

Opinions of Attorney General.

Pursuant to KRS 12.025 (repealed), a Governor’s executive order may supersede state law in matters relating to reorganization of agencies, departments, administrative bodies, etc., where such reorganization is necessary to promote greater economy, efficiency, and improved administration in establishing more effective organizational patterns. OAG 80-399 .

Pursuant to the executive order of June, 1980 the Kentucky State Horse Park Board, now the State Horse Park Advisory Board, has no authority or control over the state department of parks personnel employed at the Kentucky State Horse Park since all authority over park employees has been transferred to the horse park management board. OAG 80-399 .

Pursuant to the reorganization accomplished by executive order of June 30, 1980 the managerial and administrative functions of the Kentucky State Horse Park Board (KSHPB) have been transferred to the Kentucky Horse Park Management Board and control of the Kentucky State Horse Park has been transferred to the management board as a function of the transfer of all statutory management authority originally placed with the KSHPB pursuant to KRS Chapter 148 by the executive order; accordingly, once the management board members have been appointed and that board is in functioning order, control of the park is to be transferred to that board. OAG 80-399 .

The Governor has the power to abolish the Kentucky State Horse Park Board as such so long as the statutory functions vested in that body are retained and transferred to another body by way of a reorganization to promote greater efficiency, economy and improved administration pursuant to KRS 12.025 (repealed). OAG 80-399 .

Where a reorganization has transferred the functions of the Kentucky State Horse Park Board so that the board as such has no further functions, termination of the board members would be “for cause” if the Governor bears the burden of proving the reorganization which results in the board member’s termination is valid and necessary. OAG 80-399 .

148.270. Corporate powers of commission — Appointment of executive director — Duties — Additional staff.

  1. The commission shall be a body corporate with usual corporate powers. Full minutes and records shall be kept of all meetings of the board and all official actions shall be recorded.
  2. The commission shall appoint an executive director, who shall hold office during its pleasure and shall devote his entire time to the duties of his office. The executive director shall be the chief administrative officer and secretary of the commission and shall provide the staff direction and coordination in implementing the program and discharging the duties of the commission. The executive director shall serve as the administrative head of the Kentucky State Horse Park, thereby overseeing daily operations of the park. The secretary shall keep a full and true record of all the proceedings of the commission, of all books and papers ordered filed by the commission, and of all orders made by the commission or approved and confirmed by it and ordered filed, and shall be responsible to it for the safe custody and preservation of all such documents in its office. All documents shall be subject to the open records provisions of KRS 61.870 to 61.884 . The commission shall designate from time to time staff persons to perform the duties of the executive director during his absence, and during the absence, the persons so designated shall possess the same powers as their principal.
  3. The commission acting through the executive director may employ such additional staff as necessary to perform the duties and exercise the powers conferred upon it by the provisions of KRS 148.260 to 148.320 .

History. Enact. Acts 1979 (Ex. Sess.), ch. 6, § 2, effective July 1, 1979; 1982, ch. 396, § 16, effective July 15, 1982; 1986, ch. 96, § 3, effective July 15, 1986.

148.280. Functions of commission — Acquisition, control, and use of property — Holding of events — Contracts.

  1. The commission:
    1. Shall have the authority and control of such property as now is under its custody and control, and of such property as may hereafter be placed under its control or transferred to it by the State Property and Buildings Commission, for any purpose mentioned in this section;
    2. May erect and repair buildings on the State Horse Park and make any and all necessary or proper improvements, and generally carry on a program of development and extension of facilities designed to accomplish the objectives defined in this section;
    3. Shall promote the progress of the state and stimulate public interest in the advancement and development of the state by providing the facilities of the State Horse Park for exhibitionary, competitive, and other events relative to various aspects of the horse industry and other functions calculated to advance and enhance the tourist industry, economy, entertainment, cultural, and educational interests of the public.
  2. The commission may take, acquire, and hold property, and all interest herein, by deed, gift, devise, bequest, lease, or by transfer from the state property so acquired in the manner provided by law.
  3. The commission may enact by administrative regulation as provided in KRS Chapter 13A, rules governing the operation, maintenance, or use of property under its custody and control.
  4. The commission may employ or contract with other persons, firms, or corporations the commission may deem necessary or desirable to accomplish its duties and functions; may fix the compensation and the terms of employment or contract of those employed or contracted with; and may assign to them duties and responsibilities the commission may determine, including the responsibility of actual operation of any or all of the facilities under the control of the commission.

History. Enact. Acts 1979 (Ex. Sess.), ch. 6, § 3, effective July 1, 1979; 1982, ch. 396, § 17, effective July 15, 1982; 1986, ch. 96, § 4, effective July 15, 1986; 1994, ch. 196, § 2, effective July 15, 1994.

148.285. Duties of commission.

The commission shall:

  1. Formulate policies and procedures as necessary to carry out the provisions of KRS 148.260 to 148.320 ;
  2. Promulgate rules and regulations as necessary to carry out the provisions of KRS 148.260 to 148.320 ;
  3. Annually provide the Governor a report by January 30 and provide the General Assembly a report by January 30 showing the status of the horse industry within the Commonwealth and recommend any action necessary to preserve and strengthen that industry; and
  4. Employ staff personnel, if any, as it may deem necessary to implement the business of the commission and the intent of KRS 148.260 to 148.320 . The commission shall fix the compensation of such employees and any employee of the commission shall be reimbursed for expenses paid or incurred in the discharge of official business when approved by the commission.

History. Enact. Acts 1986, ch. 96, § 9, effective July 15, 1986.

148.290. Policing of State Horse Park — Speed limits.

  1. The commission may enter into agreements with the law enforcement agency of any urban-county or counties in which the State Horse Park is located or in any adjacent county or with the Department of Kentucky State Police for proper policing of the State Horse Park. If authorized to do so by the commission and subject to KRS 61.300 , the executive director may commission employees of the park as patrol officers. These patrol officers shall have all the powers of peace officers upon the property of the State Horse Park and the public property and roads traversing or immediately adjacent thereto.
  2. The commission is authorized to establish by resolution speed limits governing the operation of motor vehicles on horse park property. Notice to the public of such speed limits shall be posted by signs or markings.
  3. The commission may by administrative regulation establish restrictions on the use, including the operation, parking, impoundment, and removal, of golf cart-type vehicles, all-terrain vehicles as defined by KRS 189.010(24), horse trailers, and automobiles operated on State Horse Park property. The commission may prohibit the use of all-terrain vehicles on State Horse Park property.
  4. The commission may by administrative regulation establish a permit system, including a fee schedule, for golf cart-type vehicles, require owners to purchase usage permits, and require that the usage permit be displayed on the vehicle when operated on State Horse Park property.
  5. The commission may by administrative regulation establish a trailer permit system, including a fee schedule, for horse owners participating in events but not renting stalls at the State Horse Park.

HISTORY: Enact. Acts 1979 (Ex. Sess.), ch. 6, § 4, effective July 1, 1979; 1982, ch. 396, § 18, effective July 15, 1982; 1986, ch. 96, § 5, effective July 15, 1986; 2002, ch. 330, § 1, effective July 15, 2002; 2007, ch. 85, § 161, effective June 26, 2007; 2008, ch. 22, § 1, effective July 15, 2008; 2017 ch. 73, § 2, effective June 29, 2017.

148.300. Control of activities on park grounds — Liens against exhibitors and others — Enforcement of liens.

  1. The commission shall have exclusive control of concessions, exhibitions, shows, entertainments and attractions at any place on the State Horse Park grounds, and may under the direction of the commission operate any or all of such activities, by law.
  2. The commission shall have a prior lien upon the property of any concessionaire, exhibitor or person, immediately upon its coming or being brought on the grounds to secure existing or future indebtedness.
  3. Any designated employee or agent of the commission may sell the property to satisfy the indebtedness after giving ten (10) days’ notice to the owner or agent of the owner or, if notice cannot be given to the owner, after a notice is posted for ten (10) days in the office of the commission on the grounds, announcing that the property is to be sold. The commission through its designated agent, may bid on and buy the property offered for sale for the use and benefit of the State Horse Park.

History. Enact. Acts 1979 (Ex. Sess.) ch. 6, § 5, effective July 1, 1979; 1982, ch. 396, § 19, effective July 15, 1982; 1984, ch. 111, § 81, effective July 13, 1984; 1986, ch. 96, § 6, effective July 15, 1986.

148.310. Provisions of KRS Chapter 137 and KRS 92.280 not to apply.

None of the provisions of KRS Chapter 137 and none of the provisions of KRS 92.280(2) shall apply to any operations on State Horse Park grounds wherein the commission shares in the receipts and proceeds of such operations.

History. Enact. Acts 1979 (Ex. Sess.), ch. 6, § 6, effective July 1, 1979; 1982, ch. 396, § 20, effective July 15, 1982; 1986, ch. 96, § 7, effective July 15, 1986.

148.320. Use of revenues — Deposit of funds — Accounts and reports.

  1. All revenues derived by the commission from the use of properties and facilities under its custody and control shall be used exclusively for the purpose of defraying the expenses of the commission, the cost of the management and operation of such properties and facilities, the payment of interest and principal upon any indebtedness incurred by the commission for such properties and facilities, the creation of adequate reserves for the repair and replacement thereof and for the financing of further extensions, improvements, and additions thereto. Included in the cost of operation may be such promotional activities as the commission may determine upon as calculated to stimulate and increase the use and the revenues of such facilities, and to increase and stimulate the interest and usefulness of the State Horse Park.
  2. The commission shall generally cause its funds to be deposited in the State Treasurer’s office to be withdrawn on appropriate vouchers approved by the commission.
  3. An annual accounting of the funds of the commission shall be made by the Auditor of Public Accounts and reported to the Governor for the benefit of the Governor and the General Assembly.

History. Enact. Acts 1979 (Ex. Sess.), ch. 6, § 7, effective July 1, 1979; 1982, ch. 396, § 21, effective July 15, 1982; 1986, ch. 96, § 8, effective July 15, 1986.

Opinions of Attorney General.

The Legislature has intended by this section for the Kentucky State Horse Park to be independent and self-sufficient; beyond that, the only obligation the state would have for the support of the park is that which the Legislature, as the controller of the state’s purse strings, deems appropriate. OAG 80-399 .

My Old Kentucky Home State Park

148.400. My Old Kentucky Home Endowment Fund.

There is established in the State Treasury “My Old Kentucky Home Endowment Fund” which shall be administered by the park superintendent at My Old Kentucky Home State Park under the supervision of the commissioner of the Department of Parks.The fund may receive state appropriations, federal funds, and private donations. The fund shall be used for maintenance, furnishings, and repairs of My Old Kentucky Home House Museum and maintenance of the grounds of My Old Kentucky Home State Park.

HISTORY: Enact. Acts 1986, ch. 189, § 1, effective July 15, 1986; 1994, ch. 176, § 7, effective July 15, 1994; 2017 ch. 80, § 5, effective June 29, 2017.

148.510. Establishment of department; commissioner; organization. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 68, Art. X, § 1) was repealed by Acts 1964, ch. 157, § 18.

148.520. Establishment of Parks Board; membership. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 68, Art. X, § 2) was repealed by Acts 1964, ch. 157, § 18.

Tourism, Arts and Heritage Cabinet

148.522. Organization of Tourism, Arts and Heritage Cabinet.

  1. The Tourism, Arts and Heritage Cabinet shall consist of the Office of the Secretary, the Office of Legal Affairs, the Office of Finance, the Office of Government Relations and Administration, the Office of Human Resources, the Office of Public Affairs and Constituent Services, the Office of Arts and Cultural Heritage, the Office of Film and Tourism Development, the Kentucky Department of Tourism, the Kentucky Department of Parks, the Tourism Development Finance Authority, and such other divisions and sections as are from time to time deemed necessary for the proper and efficient operation of the cabinet subject to the provisions of KRS Chapter 12.
  2. The Tourism, Arts and Heritage Cabinet shall encourage the development of the film industry in Kentucky and shall perform all film promotional functions.
  3. The Office of Legal Affairs shall be headed by a general counsel appointed by the secretary pursuant to KRS 12.210 , shall provide legal services for the cabinet, and shall be directly responsible to the secretary.
  4. The Kentucky Department of Tourism shall be headed by a commissioner appointed by the Governor pursuant to the provisions of KRS 12.040 . The commissioner shall have the authority and responsibility for the promotion, development, and support services for the tourism industry within the Commonwealth.
  5. The Divisions of Tourism Services, Marketing and Administration, and Communications and Promotions are created within the Kentucky Department of Tourism. Each division shall be headed by a division director who shall be appointed by the commissioner of the department pursuant to the provisions of KRS 12.050 .

HISTORY: Enact. Acts 1984, ch. 404, § 11, effective July 13, 1984; 1992, ch. 13, § 7, effective July 14, 1992; 1992, ch. 159, § 3, effective July 14, 1992; 1992, ch. 424, § 3, effective July 14, 1992; 1998, ch. 48, § 8, effective July 15, 1998; 2001, ch. 1, § 10, effective June 21, 2001; 2005, ch. 95, § 17, effective June 20, 2005; 2006, ch. 152, § 6, effective July 12, 2006; 2009, ch. 16, § 18, effective June 25, 2009; 2010, ch. 65, § 3, effective July 15, 2010; 2018 ch. 69, § 3, effective July 14, 2018; 2018 ch. 124, § 2, effective July 14, 2018.

Legislative Research Commission Notes.

(7/14/2018). This statute was amended by 2018 Ky. Acts chs. 69 and 124, which do not appear to be in conflict and have been codified together.

148.525. Functions of divisions.

  1. The Division of Tourism Services shall operate the highway welcome centers, conduct a hospitality education program for the tourism industry, coordinate the provision of mail and telephone information services to visitors, and generate sales revenue to the tourism industry of the Commonwealth through participation in trade shows and markets.
  2. The Division of Marketing and Advertising shall be responsible for state tourism advertising, the state matching fund tourism advertising program, the development and maintenance of a marketing and research database on tourism, market survey programs, and special studies related to the tourism industry.
  3. The commissioner of tourism may promulgate administrative regulations in accordance with provisions of KRS Chapter 13A in order to carry out the provisions of KRS 148.522 and this section.

History. Enact. Acts 1992, ch. 424, § 4, effective July 14, 1992.

148.527. Kentucky Certified Retirement Community Program.

  1. The Kentucky Department of Travel and Tourism of the Tourism, Arts and Heritage Cabinet shall, after appropriate research has been conducted, establish and maintain a Kentucky Certified Retirement Community Program whereby retirees and those planning to retire are encouraged to make their homes in Kentucky communities that have met certain criteria to be certified by the Tourism, Arts and Heritage Cabinet as a Kentucky certified retirement community. In support of this program, the Kentucky Department of Travel and Tourism shall identify certain issues of interest to retirees or potential retirees in order to inform them of the benefits of living in Kentucky. Issues of interest to retirees may include but are not limited to:
    1. Kentucky’s state and local tax structure;
    2. Housing opportunities and cost;
    3. Climate;
    4. Personal safety;
    5. Working opportunities;
    6. Health care services and other services along the continuum of services, including but not limited to home and community based services;
    7. Transportation;
    8. Continuing education;
    9. Leisure living;
    10. Recreation;
    11. The performing arts;
    12. Festivals and events;
    13. Sports at all levels; and
    14. Other services and facilities that are necessary to enable persons to age in the community and in the least restrictive environment.
  2. The mission of the Kentucky Certified Retirement Community Program shall be to:
    1. Promote the state as a retirement destination to retirees and those persons and families who are planning retirement both in and outside of Kentucky;
    2. Assist Kentucky communities in their efforts to market themselves as retirement locations and to develop communities that retirees would find attractive for a retirement lifestyle;
    3. Assist in the development of retirement communities and lifecare communities for economic development purposes and as a means of providing a potential workforce and enriching Kentucky communities; and
    4. Encourage tourism to Kentucky in the form of mature market travel to Kentucky in reference to retirement desirability for the future, and for the visitation of those who have chosen to retire in Kentucky.
  3. The Tourism, Arts and Heritage Cabinet shall coordinate the development and planning of the Kentucky Certified Retirement Community Program with the Cabinet for Economic Development, the Department for Aging and Independent Living in the Cabinet for Health and Family Services, the Kentucky Commission on Military Affairs, the Department of Veterans’ Affairs, and other state and local groups interested in participating in and promoting the program.
  4. To obtain certification as a Kentucky certified retirement community, the following requirements shall be met:
    1. Official community support. A resolution by the governing authority endorsing the local retirement recruitment effort is required;
    2. Designation of a sponsor. The program shall have an official sponsoring organization that shall appoint an individual who will be accountable to the community and to the state;
    3. Funding. The sponsoring organization must commit a minimum of ten thousand dollars ($10,000) per year for the local program;
    4. Health services. There shall be a hospital and emergency medical services that are readily accessible to the community;
    5. Available housing. The community shall maintain information on both resale housing and rental housing to ensure that the quantity is sufficient to meet the needs of potential new retiree residents;
    6. Retiree desirability assessment. The community shall conduct a retiree desirability assessment that shall focus on a number of factors including, but not limited to, medical services, adult education opportunities, shopping, recreation, cultural opportunities, safety, aging services, and a continuum of care including home and community based services, housing for the elderly, assisted living, personal care, and nursing care facilities;
    7. Establishment of subcommittees. Each locality shall have a general retiree attraction committee and a minimum of four (4) subcommittees as follows:
      1. Community inventory/assessment subcommittee. This subcommittee shall conduct an unbiased inventory and assessment of whether the community can offer the basics that retirees demand and develop a professional portfolio containing brief biographies of professionals in the community;
      2. Community relations/fundraising subcommittee. This subcommittee shall locate retirees living in the community, act as salespersons for the program, raise funds necessary to run the program, recruit subcommittee members, organize special events, and promote and coordinate the program with local entities;
      3. Marketing and promotion subcommittee. This subcommittee shall establish a community image, evaluate target markets, develop and distribute promotional material, and coordinate advertising and public relations campaigns; and
      4. Ambassadors subcommittee. This subcommittee shall be the first contact with prospective retirees and provide tour guides when prospects visit the community. The subcommittee shall respond to inquiries, log contacts made, provide tours, invite prospects to special community events, and maintain continual contact with prospects until the time that the prospect makes a retirement location decision;
    8. Community profile. The sponsor shall develop a community profile similar to that used by many chambers of commerce. It will include factors such as crime statistics, tax information, recreational opportunities, and housing availability; and
    9. Written marketing plan. The retiree attraction committee shall submit a marketing plan that shall detail the mission, the target market, the competition, an analysis of the community’s strengths, weaknesses, opportunities and threats, and the strategies the program will employ to attain its goals.
  5. During the certification process, a representative of the retirement attraction committee shall attend state training meetings.
  6. The retiree attraction committee shall work to gain the support of churches, clubs, businesses, and the local media, as this support is necessary for the success of the program.
  7. Within ninety (90) days of certification, the locality shall submit a complete retiree attraction package to the Kentucky Department of Travel and Tourism.
  8. Before certification is awarded, the retiree attraction committee shall submit a written three (3) year commitment to the program and a long-term plan outlining steps the community will undertake to maintain its desirability as a destination for retirees. The long-range plan shall outline plans to correct any facility and service deficiencies identified in the retiree desirability assessment required by subsection (4)(f) of this section. The written commitment and long-range plan shall be forwarded to the Kentucky Department of Travel and Tourism of the Tourism, Arts and Heritage Cabinet.
  9. Upon being certified as a Kentucky certified retirement community, the Tourism, Arts and Heritage Cabinet shall provide the following assistance to the community:
    1. Assistance in the training of local staff and volunteers;
    2. Ongoing oversight and guidance in marketing, plus updating on national retirement trends;
    3. Inclusion in the state’s national advertising and public relations campaigns and travel show promotions, including a prominent feature on the cabinet’s Internet Web site;
    4. Eligibility for state financial assistance for brochures, support material, and advertising; and
    5. An annual evaluation and progress assessment on maintaining and improving the community’s desirability as a home for retirees.
  10. The Tourism, Arts and Heritage Cabinet shall promulgate administrative regulations to implement the provisions of this section.

History. Enact. Acts 2001, ch. 78, § 1, effective June 21, 2001; 2005, ch. 95, § 18, effective June 20, 2005; 2005, ch. 99, § 120, effective June 20, 2005; 2007, ch. 24, § 3, effective June 26, 2007; 2009, ch. 16, § 19, effective June 25, 2009; 2010, ch. 65, § 4, effective July 15, 2010.

Compiler's Notes.

Section 2 of Chapter 78 of the Acts of the 2001 Regular Session read: “Section 1 of this Act shall be implemented by the Tourism Development Cabinet to the extent that appropriations from the General Assembly are available for the purposes set forth in Section 1.”

Legislative Research Commission Note.

(6/29/2017). Under the authority of KRS 7.136(2), one or more references to the "Kentucky Department of Travel and Tourism" in this statute have been changed in codification to the "Kentucky Department of Tourism" to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2016-856 and confirmed by the General Assembly in 2017 Ky. Acts ch. 110.

148.530. Functions of board. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 68, Art. X, §§ 3, 4) was repealed by Acts 1964, ch. 157, § 18.

148.531. [Renumbered as 154.29-010.]

Legislative Research Commission Note.

(7/15/96). The statute originally assigned this number in the tables for the 1996 Kentucky Acts was renumbered as KRS 154.29-010 in codification.

(6/29/2017). Under the authority of KRS 7.136(2), one or more references to the "Kentucky Department of Travel and Tourism" in this statute have been changed in codification to the "Kentucky Department of Tourism" to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2016-856 and confirmed by the General Assembly in 2017 Ky. Acts ch. 110.

148.532. [Renumbered as 154.29-020.]

Legislative Research Commission Note.

(7/15/96). The statute originally assigned this number in the tables for the 1996 Kentucky Acts was renumbered as KRS 154.29-020 in codification.

148.534. [Renumbered as 154.29-030.]

Legislative Research Commission Note.

(7/15/96). The statute originally assigned this number in the tables for the 1996 Kentucky Acts was renumbered as KRS 154.29-030 in codification.

148.536. [Renumbered as 154.29-040.]

Legislative Research Commission Note.

(7/15/96). The statute originally assigned this number in the tables for the 1996 Kentucky Acts was renumbered as KRS 154.29-040 in codification.

148.538. [Renumbered as 154.29-050.]

Legislative Research Commission Note.

(7/15/96). The statute originally assigned this number in the tables for the 1996 Kentucky Acts was renumbered as KRS 154.29-050 in codification.

148.539. [Renumbered as 154.29-060.]

Legislative Research Commission Note.

(7/15/96). The statute originally assigned this number in the tables for the 1996 Kentucky Acts was renumbered as KRS 154.29-060 in codification.

148.540. Functions of department. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 68, Art. X, § 5; 1962, ch. 130) was repealed by Acts 1964, ch. 157, § 18.

Film Industry Incentives

148.542. Definitions for KRS 148.542 to 148.546.

As used in KRS 148.542 to 148.546 :

  1. “Above-the-line production crew” means employees involved with the production of a motion picture or entertainment production whose salaries are negotiated prior to commencement of production, such as actors, directors, producers, and writers;
  2. “Animated production” means a nationally distributed feature-length film created with the rapid display of a sequence of images using 2-D or 3-D graphics of artwork or model positions in order to create an illusion of movement;
  3. “Approved company” means an eligible company approved for incentives provided under KRS 141.383 and 148.544 ;
  4. “Below-the-line production crew” means employees involved with the production of a motion picture or entertainment production except above-the-line production crew. “Below-the-line production crew” includes but is not limited to:
    1. Casting assistants;
    2. Costume design;
    3. Extras;
    4. Gaffers;
    5. Grips;
    6. Location managers;
    7. Production assistants;
    8. Set construction staff; and
    9. Set design staff;
  5. “Cabinet” means the Finance and Administration Cabinet;
  6. “Commonwealth” means the Commonwealth of Kentucky;
  7. “Compensation” means compensation included in adjusted gross income as defined in KRS 141.010 ;
  8. “Documentary” means a production based upon factual information and not subjective interjections;
  9. “Eligible company” means any person that intends to film or produce a motion picture or entertainment production in the Commonwealth;
  10. “Employee” has the same meaning as in KRS 141.010 ;
  11. “Enhanced incentive county” has the same meaning as in KRS 154.32-010 ;
  12. “Feature-length film” means a live-action or animated production that is:
    1. More than thirty (30) minutes in length; and
    2. Produced for distribution in theaters or via digital format, including but not limited to DVD, Internet, or mobile electronic devices;
  13. “Industrial film” means a business-to-business film that may be viewed by the public, including but not limited to videos used for training or for viewing at a trade show;
  14. “Kentucky-based company” has the same meaning as in KRS 164.6011 ;
    1. “Motion picture or entertainment production” means: (15) (a) “Motion picture or entertainment production” means:
      1. The following if filmed in whole or in part, or produced in whole or in part, in the Commonwealth:
        1. A feature-length film;
        2. A television program;
        3. An industrial film; or
        4. A documentary; or
      2. A national touring production of a Broadway show produced in Kentucky;
    2. “Motion picture or entertainment production” does not include the filming or production of obscene material or television coverage of news or athletic events;
  15. “Obscene” has the same meaning as in KRS 531.010 ;
  16. “Office” means the Kentucky Film Office in the Tourism, Arts and Heritage Cabinet;
  17. “Person” has the same meaning as in KRS 141.010 ;
    1. “Qualifying expenditure” means expenditures made in the Commonwealth for the following if directly used in or for a motion picture or entertainment production: (19) (a) “Qualifying expenditure” means expenditures made in the Commonwealth for the following if directly used in or for a motion picture or entertainment production:
      1. The production script and synopsis;
      2. Set construction and operations, wardrobe, accessories, and related services;
      3. Lease or rental of real property in Kentucky as a set location;
      4. Photography, sound synchronization, lighting, and related services;
      5. Editing and related services;
      6. Rental of facilities and equipment;
      7. Vehicle leases;
      8. Food; and
      9. Accommodations.
    2. “Qualifying expenditure” does not include Kentucky sales and use tax paid by the approved company on the qualifying expenditure;
  18. “Qualifying payroll expenditure” means compensation paid to above-the-line crew and below-the line crew while working on a motion picture or entertainment production in the Commonwealth if the compensation is for services performed in the Commonwealth;
  19. “Resident” has the same meaning as in KRS 141.010 ;
  20. “Secretary” means the secretary of the Tourism, Arts and Heritage Cabinet;
  21. “Tax incentive agreement” means the agreement entered into pursuant to KRS 148.546 between the office and the approved company; and
  22. “Television program” means any live-action or animated production or documentary, including but not limited to:
    1. An episodic series;
    2. A miniseries;
    3. A television movie; or
    4. A television pilot;

that is produced for distribution on television via broadcast, cable, or any digital format, including but not limited to cable, satellite, Internet, or mobile electronic devices.

HISTORY: Enact. Acts 2009 (1st Ex. Sess.), ch. 1, § 43, effective June 26, 2009; 2015 ch. 74, § 1, effective June 24, 2015; 2018 ch. 171, § 61, effective April 14, 2018; 2018 ch. 207, § 61, effective April 27, 2018.

Legislative Research Commission Notes.

(6/29/2017). Under the authority of KRS 7.136(1), a reference to “KRS 131.990 (2)” in subsection (1)(b)5. of this statute has been changed to “KRS 131.990 (1)” by the Reviser of Statutes following the enactment of 2017 Ky. Acts ch. 74, sec. 67, which deleted subsection (1) of KRS 131.990 and renumbered the subsequent subsections, but did not amend this statute to conform.

148.544. Purposes of KRS 141.383 and 148.542 to 148.546 — Kentucky Film Office — Eligibility for refundable motion picture or entertainment production tax incentives — Incentives available.

  1. The purposes of KRS 141.383 and 148.542 to 148.546 are to:
    1. Encourage the film and entertainment industry to choose locations in the Commonwealth for the filming and production of motion picture or entertainment productions;
    2. Encourage the development of a film and entertainment industry in Kentucky;
    3. Encourage increased employment opportunities for the citizens of the Commonwealth within the film and entertainment industry; and
    4. Encourage the development of a production and postproduction infrastructure in the Commonwealth for film production and touring Broadway show production facilities containing state-of-the-art technologies.
  2. The Kentucky Film Office is hereby established in the Tourism, Arts and Heritage Cabinet to administer, together with the Finance and Administration Cabinet and the Tourism Development Finance Authority, the tax incentive established by KRS 141.383 and 148.542 to 148.546 .
  3. To qualify for the tax incentive provided in subsection (5) of this section, the following requirements shall be met:
    1. For an approved company that is also a Kentucky-based company that:
      1. Films or produces a feature-length film, television program, or industrial film in whole or in part in the Commonwealth, the minimum combined total of qualifying expenditures and qualifying payroll expenditures shall be one hundred twenty-five thousand dollars ($125,000);
      2. Produces a national touring production of a Broadway show in whole or in part in the Commonwealth, the minimum combined total of qualifying expenditures and qualifying payroll expenditures shall be twenty thousand dollars ($20,000); or
      3. Films or produces a documentary in whole or in part in the Commonwealth, the minimum combined total of qualifying expenditures and qualifying payroll expenditures shall be ten thousand dollars ($10,000); and
    2. For an approved company that is not a Kentucky-based company that:
      1. Films or produces a feature-length film, television program, or industrial film in whole or in part in the Commonwealth, the minimum combined total of qualifying expenditures and qualifying payroll expenditures shall be two hundred fifty thousand dollars ($250,000); or
      2. Films or produces a documentary in whole or in part in the Commonwealth or that produces a national touring production of a Broadway show, the minimum combined total of qualifying expenditures and qualifying payroll expenditures shall be twenty thousand dollars ($20,000).
    1. Beginning on the April 27, 2018, the total tax incentive approved under KRS 141.383 and 148.542 to 148.546 shall be limited to one hundred million dollars ($100,000,000) for calendar year 2018 and each calendar year thereafter. (4) (a) Beginning on the April 27, 2018, the total tax incentive approved under KRS 141.383 and 148.542 to 148.546 shall be limited to one hundred million dollars ($100,000,000) for calendar year 2018 and each calendar year thereafter.
    2. On April 27, 2018, if applications have been approved during the 2018 calendar year which exceed the amount in paragraph (a) of this subsection, the office shall immediately cease in approving any further applications for tax incentives for that calendar year.
    1. The incentive available under KRS 141.383 and 148.542 to 148.546 is: (5) (a) The incentive available under KRS 141.383 and 148.542 to 148.546 is:
      1. A refundable credit for applications approved prior to April 27, 2018; and
      2. A nonrefundable and nontransferable credit for applications approved on or after April 27, 2018;
      1. For a motion picture or entertainment production filmed or produced in its entirety in an enhanced incentive county, the amount of the incentive shall be equal to thirty-five percent (35%) of the approved company’s: (b) 1. For a motion picture or entertainment production filmed or produced in its entirety in an enhanced incentive county, the amount of the incentive shall be equal to thirty-five percent (35%) of the approved company’s:
        1. Qualifying expenditures;
        2. Qualifying payroll expenditures paid to resident and nonresident below-the-line production crew; and
        3. Qualifying payroll expenditures paid to resident and nonresident above-the-line production crew not to exceed one million dollars ($1,000,000) in payroll expenditures per employee.
        1. To the extent the approved company films or produces a motion picture or entertainment production in part in an enhanced incentive county and in part a Kentucky county that is not an enhanced incentive county, the approved company shall be eligible to receive the incentives provided in this paragraph for those expenditures incurred in the enhanced incentive county and all other expenditures shall be subject to the incentives provided in paragraph (c) of this subsection. 2. a. To the extent the approved company films or produces a motion picture or entertainment production in part in an enhanced incentive county and in part a Kentucky county that is not an enhanced incentive county, the approved company shall be eligible to receive the incentives provided in this paragraph for those expenditures incurred in the enhanced incentive county and all other expenditures shall be subject to the incentives provided in paragraph (c) of this subsection.
        2. The approved company shall track the requisite expenditures by county. If the approved company can demonstrate to the satisfaction of the cabinet that it is not practical to use a separate accounting method to determine the expenditures by county, the approved company shall determine the correct expenditures by county using an alternative method approved by the cabinet.
    2. For a motion picture or entertainment production filmed or produced in whole or in part in any Kentucky county other than in an enhanced incentive county, the amount of the incentive shall be equal to:
      1. Thirty percent (30%) of the approved company’s:
        1. Qualifying expenditures;
        2. Qualifying payroll expenditures paid to below-the-line production crew that are not residents; and
        3. Qualifying payroll expenditures paid to above-the-line production crew that are not residents, not to exceed one million dollars ($1,000,000) in payroll expenditures per employee; and
      2. Thirty-five percent (35%) of the approved company’s:
        1. Qualifying payroll expenditures paid to resident below-the-line production crew; and
        2. Qualifying payroll expenditures paid to resident above-the-line production crew not to exceed one million dollars ($1,000,000) in payroll expenditures per employee.
    3. Prior to June 1, 2019, the office and the Department of Revenue shall work jointly to provide the following information for each approved motion picture or entertainment production project to the Interim Joint Committee on Appropriations and Revenue by taxable year for all years that a credit under KRS 141.383 is or has been claimed:
      1. The name of the approved company and whether it is Kentucky-based or not;
      2. A brief description of the motion picture or entertainment production project;
      3. The amount of qualifying expenditures and the amount of qualifying payroll expenditures included in the agreement;
      4. The amount of qualifying expenditures and the amount of qualifying payroll expenditures paid to below-the-line production crew and paid to above-the-line production crew in an enhanced incentive county;
      5. The amount of qualifying expenditures and the amount of qualifying payroll expenditures paid to below-the-line production crew and paid to above-the line production crew in a county other than an enhanced incentive county; and
      6. The total amount of the tax credit claimed on a return by tax type, any amount denied, any amount applied against a tax liability, any amount refunded, and any amount remaining that may be claimed on a return filed in the future.

against the Kentucky income tax imposed under KRS 141.020 or 141.040 , and the limited liability entity tax imposed under KRS 141.0401 , as provided in KRS 141.383 .

HISTORY: Enact. Acts 2009 (1st Ex. Sess.), ch. 1, § 44, effective June 26, 2009; 2014, ch. 102, § 12, effective July 15, 2014; 2015 ch. 74, § 2, effective June 24, 2015; 2018 ch. 171, § 62, effective April 14, 2018; 2018 ch. 207, § 62, effective April 27, 2018.

Legislative Research Commission Notes.

(6/29/2017). Under the authority of KRS 7.136(1), a reference to “KRS 131.990 (2)” in subsection (1)(b)5. of this statute has been changed to “KRS 131.990 (1)” by the Reviser of Statutes following the enactment of 2017 Ky. Acts ch. 74, sec. 67, which deleted subsection (1) of KRS 131.990 and renumbered the subsequent subsections, but did not amend this statute to conform.

148.545. Acquisition of land for Cumberland Gap National Historical Park. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 189, § 1) was repealed by Acts 1964, ch. 157, § 18.

148.546. Application for motion picture or entertainment production tax incentives — Tax incentive agreement — Required terms — Administrative fee — Review — Verification of expenditure reports — Annual reports.

  1. An eligible company shall, at least thirty (30) days prior to incurring any expenditure for which recovery will be sought, file an application for tax incentives with the office. The application shall include:
    1. The name and address of the applicant;
    2. Verification that the applicant is a Kentucky-based company;
    3. The production script or a detailed synopsis of the script;
    4. The locations where the filming or production will occur;
    5. The anticipated date on which filming or production shall begin;
    6. The anticipated date on which the production will be completed;
    7. The total anticipated qualifying expenditures;
    8. The total anticipated qualifying payroll expenditures for resident and nonresident above-the-line crew by county;
    9. The total anticipated qualifying payroll expenditures for resident and nonresident below-the-line crew by county;
    10. The address of a Kentucky location at which records of the production will be kept;
    11. An affirmation that if not for the incentive offered under KRS 148.542 to 148.546 , the eligible company would not film or produce the production in the Commonwealth; and
    12. Any other information the office may require.
  2. The office shall notify the eligible company within thirty (30) days after receiving the application of its status.
    1. Upon review of the application and any additional information submitted, the office shall present the application and its recommendation to the Tourism Development Finance Authority established by KRS 148.850 which may, by resolution, authorize the execution of a tax incentive agreement between the Tourism Development Finance Authority and the approved company. (3) (a) Upon review of the application and any additional information submitted, the office shall present the application and its recommendation to the Tourism Development Finance Authority established by KRS 148.850 which may, by resolution, authorize the execution of a tax incentive agreement between the Tourism Development Finance Authority and the approved company.
      1. The total amount of tax credits authorized by the Tourism Development Finance Authority during fiscal year 2010-2011 shall not exceed five million dollars ($5,000,000). (b) 1. The total amount of tax credits authorized by the Tourism Development Finance Authority during fiscal year 2010-2011 shall not exceed five million dollars ($5,000,000).
      2. The total amount of tax credits authorized by the Tourism Development Finance Authority during the fiscal year 2011-2012 shall not exceed seven million five hundred thousand dollars ($7,500,000).
  3. The tax incentive agreement shall include the following provisions:
    1. The duties and responsibilities of the parties;
    2. A detailed description of the motion picture or entertainment production for which incentives are requested;
    3. The anticipated qualifying expenditures and qualifying payroll expenditures for resident and nonresident above-the-line and below-the-line crews by county;
    4. The minimum combined total of qualifying expenditures and qualifying payroll expenditures necessary for the approved company to qualify for incentives;
    5. That the approved company shall have no more than two (2) years from the date the tax incentive agreement is executed to start the motion picture or entertainment production;
    6. That the approved company shall have no more than four (4) years from the execution of the tax incentive agreement to complete the motion picture or entertainment production;
    7. That the motion picture or entertainment production shall not include obscene materials and shall not negatively impact the economy or the tourism industry of the Commonwealth;
    8. That the execution of the agreement is not a guarantee of tax incentives and that actual receipt of the incentives shall be contingent upon the approved company meeting the requirements established by the tax incentive agreement;
    9. That the approved company shall submit to the office within one hundred eighty (180) days of the completion of the motion picture or entertainment production a detailed cost report of the qualifying expenditures, qualifying payroll expenditures, and final script;
    10. That the approved company shall provide the office with documentation that the approved company has withheld income tax as required by KRS 141.310 on all qualified payroll expenditures for which an incentive under KRS 141.383 and 148.544 is sought;
    11. That, if the office determines that the approved company has failed to comply with any of its obligations under the tax incentive agreement:
      1. The office may deny the incentives available to the approved company;
      2. Both the office and the cabinet may pursue any remedy provided under the tax incentive agreement;
      3. The office may terminate the tax incentive agreement; and
      4. Both the office and the cabinet may pursue any other remedy at law to which it may be entitled;
    12. That the office shall monitor the tax incentive agreement;
    13. That the approved company shall provide to the office and the cabinet all information necessary to monitor the tax incentive agreement;
    14. That the office may share information with the cabinet or any other entity the office determines is necessary for the purposes of monitoring and enforcing the terms of the tax incentive agreement;
    15. That the motion picture or entertainment production shall contain an acknowledgment that the motion picture or entertainment production was produced or filmed in the Commonwealth of Kentucky;
    16. That the approved company shall include screen credits in its final production that:
      1. Indicate that the approved company received tax incentives from the Commonwealth of Kentucky; and
      2. Display the “Unbridled Spirit” logo;
    17. Terms of default;
    18. The method and procedures by which the approved company shall request and receive the incentive provided under KRS 141.383 and 148.544 ;
    19. That the approved company may be required to pay an administrative fee as authorized under subsection (5) of this section; and
    20. Any other provisions deemed necessary or appropriate by the parties to the tax incentive agreement.
  4. The office may require the approved company to pay an administrative fee, the amount of which shall be established by administrative regulation promulgated in accordance with KRS Chapter 13A. The administrative fee shall not exceed one-half of one percent (0.5%) of the estimated amount of tax incentive sought or five hundred dollars ($500), whichever is greater.
  5. Prior to commencement of activity as provided in a tax incentive agreement, the tax incentive agreement shall be submitted to the Government Contract Review Committee established by KRS 45A.705 for review, as provided in KRS 45A.695 , 45A.705 , and 45A.725 .
  6. The office shall notify the cabinet upon approval of an approved company. The notification shall include the name of the approved company, the name of the motion picture or entertainment production, the estimated amount of qualifying expenditures, the estimated date on which the approved company will complete filming or production, and any other information required by the cabinet.
  7. Within one hundred eighty days (180) days of completion of the motion picture or entertainment production, the approved company shall submit to the office a detailed cost report of:
    1. Qualifying expenditures;
    2. Qualifying payroll expenditures for resident and nonresident above-the-line crew by county;
    3. Qualifying payroll expenditures for resident and nonresident below-the-line crew by county; and
    4. The final script.
    1. The office, together with the secretary, shall review all information submitted for accuracy and shall confirm that all relevant provisions of the tax incentive agreement have been met. (9) (a) The office, together with the secretary, shall review all information submitted for accuracy and shall confirm that all relevant provisions of the tax incentive agreement have been met.
    2. Upon confirmation that all requirements of the tax incentive agreement have been met, the office, and the secretary shall review the final script, and if they determine that the motion picture or entertainment production does not:
      1. Contain visual or implied scenes that are obscene; or
      2. Negatively impact the economy or the tourism industry of the Commonwealth;
  8. The cabinet shall verify that the approved company withheld the proper amount of income tax on qualifying payroll expenditures, and the cabinet shall notify the office of the total amount of refundable credit available on qualifying expenditures and qualifying payroll expenditures.
  9. On or before October 1, 2010, and on or before each October 1 thereafter, for the immediately preceding fiscal year, the office shall report to the Tourism Development Finance Authority:
    1. The number of tax incentive agreements that have been executed;
    2. The estimated amount of tax incentives that have been requested under KRS 141.383 and 148.542 to 148.546 ; and
    3. The amount of tax incentives approved under KRS 139.538 , 141.383 , and 148.542 to 148.546 .
    1. By November 1 of each year, the authority shall prepare an annual report. The report shall be posted on the Tourism, Arts and Heritage Cabinet’s Web site. (12) (a) By November 1 of each year, the authority shall prepare an annual report. The report shall be posted on the Tourism, Arts and Heritage Cabinet’s Web site.
    2. The report shall include information for all motion picture or entertainment production projects approved.
    3. The report shall include the following information:
      1. For each approved motion picture or entertainment production project:
        1. The name of the approved company and a brief description of the project;
        2. The amount of approved costs included in the agreement; and
        3. The total amount recovered under the tax incentive agreement;
      2. The number of applications for projects submitted during the prior fiscal year;
      3. The number of projects finally approved during the prior fiscal year; and
      4. The total dollar amount approved for recovery for all projects approved during the prior fiscal year, and cumulatively under KRS 141.383 and 148.542 to 148.546 since its inception, by year of approval.
    4. The information required to be reported under this section shall not be considered confidential taxpayer information and shall not be subject to KRS Chapter 131 or any other provisions of the Kentucky Revised Statutes prohibiting disclosure or reporting of information.

the office shall forward the detailed cost report to the cabinet for calculation of the refundable credit.

History. Enact. Acts 2009 (1st Ex. Sess.), ch. 1, § 45, effective June 26, 2009; 2010 (1st Ex. Sess.), ch. 2, § 7, effective June 4, 2010; 2014, ch. 134, § 2, effective July 15, 2014; 2015 ch. 74, § 3, effective June 24, 2015; 2018 ch. 199, § 6, effective July 14, 2018.

148.548. Kentucky Film Commission — Functions and purpose — Members — Meetings — Nonvoting ex officio members.

  1. The Kentucky Film Commission is hereby established and administratively attached to the Office of the Secretary, Tourism, Arts and Heritage Cabinet.
  2. The functions and purpose of the Kentucky Film Commission shall be:
    1. To serve in an advisory capacity to support the Tourism, Arts and Heritage Cabinet in:
      1. Promoting the growth of the film, television, and video production industry within the Commonwealth;
      2. Marketing and promoting Kentucky as a location destination for motion picture productions throughout the Commonwealth for the express purpose of economic development; and
      3. Providing a broad base of industry-specific demographic, economic, and informational support to the Tourism, Arts and Heritage Cabinet; and
    2. To advise the Governor and members of the General Assembly on issues relating to the Commonwealth’s development and implementation of programs to attract and encourage film, television, and video production in the Commonwealth.
    1. The commission shall consist of fifteen (15) members who shall be appointed by the Governor. (3) (a) The commission shall consist of fifteen (15) members who shall be appointed by the Governor.
    2. Initially, the Governor shall appoint:
      1. Not more than four (4) members for a term of one (1) year;
      2. Not more than four (4) members for a term of two (2) years;
      3. Not more than four (4) members for a term of three (3) years; and
      4. Not more than three (3) members for a term of four (4) years.
    3. Thereafter, the Governor shall make all appointments for a term of four (4) years.
    4. The Governor shall appoint a chairman from among the members.
  3. The members of the commission shall serve without compensation but shall be reimbursed for necessary travel expenses.
  4. The commission shall meet at the call of the chairman at locations within the Commonwealth designated by the chairman.
  5. The commission, by majority vote, may appoint other nonvoting ex officio members within the Commonwealth to assist the commission in achieving its functions and purpose as described in subsection (2) of this section.

History. Enact. Acts 2009 (1st Ex. Sess.), ch. 1, § 46, effective June 26, 2009.

148.550. Transfer of funds and facilities to department. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 68, Art. X, § 6) was repealed by Acts 1964, ch. 157, § 18.

Appalachian/Kentucky Artisans Gateway Center Authority

148.560. Definitions for KRS 148.560 to 148.569.

As used in KRS 148.560 to 148.569 , unless the context indicates otherwise:

  1. “Authority” means the Appalachian/Kentucky Artisans Gateway Center Authority;
  2. “Board” means the board of directors of the Appalachian/Kentucky Artisans Gateway Center Authority; and
  3. “Center” means the Appalachian/Kentucky Artisans Gateway Center.

History. Enact. Acts 2000, ch. 22, § 1, effective July 14, 2000.

148.561. Appalachian/Kentucky Artisans Gateway Center Authority.

The Appalachian/Kentucky Artisans Gateway Center Authority is created and established as an independent, de jure municipal corporation and political subdivision of the Commonwealth that shall be a public body corporate and politic. The authority shall develop, operate, and manage the Appalachian/Kentucky Artisans Gateway Center funded by 1998 Ky. Acts ch. 615, Part X, under the reference “Artisans Center — Berea.” The authority shall be attached to the Tourism, Arts and Heritage Cabinet for administrative purposes.

History. Enact. Acts 2000, ch. 22, § 2, effective July 14, 2000; 2005, ch. 95, § 19, effective June 20, 2005; 2009, ch. 16, § 20, effective June 25, 2009.

148.562. Board of directors — Appointment — Terms — Removal.

  1. The authority shall be governed by a board of directors consisting of thirteen (13) members as follows:
    1. Secretary of the Tourism, Arts and Heritage Cabinet, or his or her designee;
    2. Secretary of the Transportation Cabinet, or his or her designee;
    3. Secretary of the Education and Workforce Development Cabinet, or his or her designee;
    4. Secretary of the Finance and Administration Cabinet, or his or her designee;
    5. Three (3) members appointed by the Governor, one (1) to be a representative of the Kentucky Arts Council, and two (2) to be at-large members; and
    6. Six (6) members appointed by the mayor of the city of Berea to include two (2) representatives of Berea city government, two (2) representatives of Berea College recommended by the president of Berea College, one (1) representative of Eastern Kentucky University recommended by the president of Eastern Kentucky University, and one (1) at-large member.
  2. Members shall serve for staggered terms of four (4) years beginning August 1, 2000, except that of the initial appointments:
    1. One (1) appointment by the Governor and two (2) appointments by the mayor of the city of Berea shall each serve a term of four (4) years;
    2. Two (2) appointments by the mayor of the city of Berea and one (1) appointment by the Governor shall each serve a term of three (3) years;
    3. One (1) appointment by the Governor and one (1) appointment by the mayor of the city of Berea shall each serve a term of two (2) years; and
    4. One (1) appointment by the mayor of the city of Berea shall serve a term of one (1) year.
  3. The Governor shall appoint a chair from among the members of the board.
  4. A quorum of the board shall consist of seven (7) members, with a majority of members present authorized to act upon any matter legally before the authority.
  5. A member may be removed by the appointing authority only for neglect of duty, misfeasance, or malfeasance, and after being afforded an opportunity for a hearing in accordance with KRS Chapter 13B, relating to administrative hearings.

History. Enact. Acts 2000, ch. 22, § 3, effective July 14, 2000; 2005, ch. 95, § 20, effective June 20, 2005; 2006, ch. 211, § 19, effective July 12, 2006; 2009, ch. 11, § 12, effective June 25, 2009; 2009, ch. 16, § 21, effective June 25, 2009.

Legislative Research Commission Note.

(6/25/2009). This section was amended by 2009 Ky. Acts chs. 11 and 16, which do not appear to be in conflict and have been codified together.

148.563. Executive Director — Appointment — Duties — Staff.

  1. An executive director shall be appointed in accordance with KRS 12.050 .
    1. The executive director shall at all times attempt to accommodate the desires expressed by the board of directors.
    2. The executive director shall keep all minutes, records, and orders of the authority and shall be responsible for the preservation of all the documents. The documents shall be public records subject to KRS 61.870 to 61.884 , relating to open records.
  2. The staff of the authority, including its executive director, shall be employees of the Tourism, Arts and Heritage Cabinet.

History. Enact. Acts 2000, ch. 22, § 4, effective July 14, 2000; 2005, ch. 95, § 21, effective June 20, 2005; 2009, ch. 16, § 22, effective June 25, 2009.

148.564. Articles of incorporation — Executive committee of board — Authority to act on board’s behalf — Bylaws.

  1. The board shall develop articles of incorporation and appropriate documentation to establish its existence as a nonprofit corporation under KRS 58.180 .
  2. The board may establish from among its membership an executive committee, which shall have full authority to act between board meetings to the extent delegated by the board.
  3. The board may enact bylaws concerning the election of officers and other administrative procedures it deems necessary.

History. Enact. Acts 2000, ch. 22, § 5, effective July 14, 2000.

148.566. Authority’s powers and duties — Compensation of board members.

The authority shall have the following duties and authorities:

  1. The authority shall supervise the design, construction, and operation of the center and shall provide all management functions for the facility and for any other property acquired or leased under its powers established by law.
  2. The authority shall promote the growth and development of statewide tourism related to arts and crafts destinations throughout the state and shall ensure that its efforts conform to marketing and promotion strategies devised by the Tourism, Arts and Heritage Cabinet.
  3. The authority shall have the exclusive control of scheduling all exhibitions, performances, retail activities, and concessions in the center. The authority shall have a prior lien upon the property of any private exhibitor, concessionaire, or other person holding an exhibition or performance or operating a concession in the center and may sell the property upon ten (10) days’ notice to satisfy any indebtedness.
  4. The authority shall participate with local hotels and the travel industry to develop tourist packages and additional services to attract events, conferences, and conventions to the region.
  5. The authority may take, acquire, and hold property, and all interests therein, by deed, purchase, gift, devise, bequest, or lease, or by transfer from the State Property and Buildings Commission and may dispose of any property so acquired in any manner provided by law.
  6. The authority may adopt administrative regulations in accordance with KRS Chapter 13A only for governing the operation, maintenance, or use of property under its custody and control.
  7. The authority may levy a surcharge on tickets for functions held within the center to contribute to operating revenue.
  8. The authority may sue and be sued and maintain and defend legal actions in its name.
  9. Members of the authority shall serve without compensation, but shall be reimbursed for actual and necessary travel expenses incurred in the performance of their duties. The reimbursement shall be in accordance with administrative regulations promulgated under KRS Chapter 13A by the Finance and Administration Cabinet.

History. Enact. Acts 2000, ch. 22, § 6, effective July 14, 2000; 2005, ch. 95, § 22, effective June 20, 2005; 2009, ch. 16, § 23, effective June 25, 2009.

148.569. Revenues derived by authority — Permitted uses.

All revenues derived by the authority from the use of the center and from contributions to the center from other sources, and any additional revenues derived by the authority from any other source, shall be used solely for the expenses of the center, including payment on debt; the cost of management and operation of its facilities; the creation of an adequate reserve for repair, replacement, debt service, and capital improvements; the procurement of insurance; and promotional activities.

History. Enact. Acts 2000, ch. 22, § 7, effective July 14, 2000.

Kentucky Center for African-American Heritage

148.570. Kentucky Center for African-American Heritage — Purpose — Members — Meetings — Powers and duties.

  1. The Kentucky Center for African-American Heritage is hereby created to educate the public and to preserve and research the cultural heritage of African-Americans by establishing a center to showcase the contributions of Kentucky African-Americans to the Commonwealth, the nation, and the world. In addition to exhibit space, the center shall provide performance space for activities, such as but not limited to plays, poetry readings, and concerts.
  2. The Kentucky Center for African-American Heritage shall be governed by a board of directors who represent various African-American heritage interests. The board shall also reflect significant membership from the African-American community. On June 8, 2011, the board of directors of the African-American Heritage Foundation, Inc., the secretary of the Tourism, Arts and Heritage Cabinet or his or her designee, and the chair of the Kentucky African-American Heritage Commission shall be the initial board of directors of the center, and shall serve four (4) year terms. Upon the expiration of the four (4) year term of the initial board of directors, the membership of the board of directors shall be as follows:
    1. The secretary of the Tourism, Arts and Heritage Cabinet or the secretary’s designee;
    2. The chair of the Kentucky African-American Heritage Commission;
    3. One (1) member from an institution of higher learning;
    4. One (1) member who is an expert in African-American history;
    5. One (1) member from the arts community;
    6. Four (4) members with expertise in Kentucky, United States, or world history with an emphasis on the African-American experience. Of the four (4) members required by this paragraph, there shall be one (1) from central Kentucky, one (1) from northern Kentucky, one (1) from western Kentucky, and one (1) from eastern Kentucky;
    7. One (1) member at large with expertise in Kentucky, United States, or world history with an emphasis on the African-American experience;
    8. Five (5) members from the metro Louisville area. The mayor of Louisville shall submit five (5) separate lists of three (3) names for each of the appointments provided for in this paragraph. One (1) member shall be appointed from each list of names. At least one (1) of the members appointed from the mayor’s lists shall have experience in Kentucky, United States, or world history with an emphasis on the African-American experience; and
    9. Ten (10) members from the public at large.
  3. Members listed in subsection (2)(c) to (i) of this section shall be appointed by the Governor. Twelve (12) of the Governor’s initial appointees shall serve two (2) year terms. Eleven (11) of the Governor’s initial appointees shall serve four (4) year terms. Subsequent appointments by the Governor shall be for four (4) year terms, and members may be reappointed for subsequent terms. Any vacancy shall be filled by appointment of the Governor for the remainder of the unexpired term.
  4. Board members shall serve without compensation but may be reimbursed for actual and necessary expenses incurred in the performance of their duties.
  5. The board shall elect by a majority vote a chair, a vice chair, and any other officers deemed necessary.
  6. The board shall meet at least three (3) times per year. Notice of the time and location of each meeting shall be provided in writing to each member at least ten (10) days in advance of the meeting.
  7. A majority of the members shall constitute a quorum.
  8. Committees may be formed at the direction of the chair.
  9. The Kentucky Center for African-American Heritage may seek and accept grants or raise funds from any available source, public or private, to accomplish its responsibilities and achieve its objectives.
  10. The Kentucky Center for African-American Heritage shall be attached for administrative purposes to the Tourism, Arts and Heritage Cabinet, whose responsibilities shall include but are not limited to designating a staff person to coordinate board needs and providing other staff and services requested by the board to achieve its objectives under KRS 148.572 .

History. Enact. Acts 2011, ch. 84, § 1, effective June 8, 2011.

148.572. Objectives of Kentucky Center for African-American Heritage.

The objectives of the Kentucky Center for African-American Heritage, through the programs and activities of the center, shall be to:

  1. Educate the public and school-age children on the cultural, historical, political, and artistic contributions that African-Americans have made to the Commonwealth;
  2. Cooperate with the Kentucky Heritage Council, the Kentucky African-American Heritage Commission, and the Kentucky General Assembly on matters relating to Kentucky African-American heritage;
  3. Promote Kentucky African-American heritage by working with educational, arts, and humanities organizations;
  4. Recognize and sanction projects that advance wider knowledge of Kentucky African-Americans’ contributions to, and influence and impact on, life in Kentucky; and
  5. Support the mission of the Kentucky African-American Heritage Commission.

History. Enact. Acts 2011, ch. 84, § 2, effective June 8, 2011.

Iraq/Afghanistan War Memorial

148.580. Iraq/Afghanistan War Memorial Committee — Purpose — Members — Duties — Responsibilities of cabinet.

  1. There is established an Iraq/Afghanistan War Memorial Committee for the purpose of creating an Iraq/Afghanistan War Memorial in the city of Frankfort, Kentucky, or another location within the Commonwealth deemed more appropriate by the committee. Members of the committee shall include:
    1. The Governor or his or her designee;
    2. The secretary of the Tourism, Arts and Heritage Cabinet or his or her designee;
    3. The commissioner of the Kentucky Department of Veterans’ Affairs or his or her designee;
    4. The Adjutant General of the Kentucky Department of Military Affairs or his or her designee; and
    5. A member recommended by the Joint Executive Council of Veterans Organizations to be appointed by the Governor.
  2. The Iraq/Afghanistan War Memorial Committee shall be charged with the following duties:
    1. Choosing a design for the memorial;
    2. Determining a location for the memorial;
    3. Collecting the names of fallen service men and women to be included on the memorial;
    4. Requesting proposals for the construction of the memorial;
    5. Making recommendations on an entity to oversee the installation of the memorial;
    6. Making recommendations on an entity that will be responsible for maintenance and day-to-day upkeep of the memorial; and
    7. Seeking appropriations, gifts, grants, federal funds, and any other funds, both public and private, to assist with the costs associated with the establishment of the memorial, which shall be deposited in the Iraq/Afghanistan War Memorial fund established in KRS 148.582 .
  3. The Iraq/Afghanistan War Memorial Committee shall complete the requirements of subsection (2)(a) to (f) of this section no later than October 1, 2012. The committee shall produce a written report to be provided to the Governor, the secretary of the Tourism, Arts and Heritage Cabinet, the President of the Senate, and the Speaker of the House of Representatives. The report shall include, at a minimum, the following information:
    1. The results of the Iraq/Afghanistan War Memorial Committee’s work with regard to the requirements of subsection (2)(a) to (f) of this section;
    2. An update on the costs required to complete the Iraq/Afghanistan War Memorial; and
    3. The amount of money raised for the Iraq/Afghanistan War Memorial at the date the report is due.
  4. The Tourism, Arts and Heritage Cabinet shall have the following responsibilities related to the Iraq/Afghanistan War Memorial and the committee established to create the memorial:
    1. Provision of staff and administrative resources, not including reimbursement for any expense related to the committee’s work, for the committee; and
    2. Administration of the Iraq/Afghanistan War Memorial fund established in KRS 148.582 .

History. Enact. Acts 2012, ch. 67, § 1, effective July 12, 2012.

148.582. Iraq/Afghanistan War Memorial fund.

  1. The Iraq/Afghanistan War Memorial fund is hereby created as a separate trust fund in the State Treasury. The Iraq/Afghanistan War Memorial fund shall consist of amounts received from appropriations and any other proceeds from gifts, grants, federal funds, or any other funds, both public and private, made available for the purposes of KRS 148.580 and this section.
  2. The Iraq/Afghanistan War Memorial fund shall be administered by the Tourism, Arts and Heritage Cabinet.
  3. Amounts deposited in the Iraq/Afghanistan War Memorial fund shall be used only for the purpose of the establishment of the Iraq/Afghanistan War Memorial as provided in KRS 148.580 .
  4. Notwithstanding KRS 45.229 , Iraq/Afghanistan War Memorial fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward into the next fiscal year.
  5. Any interest earnings of the Iraq/Afghanistan War Memorial fund shall become a part of the Iraq/Afghanistan War Memorial fund and shall not lapse.
  6. Moneys deposited in the fund are hereby appropriated for the purposes set forth in this section and shall not be appropriated or transferred by the General Assembly for any other purposes.

History. Enact. Acts 2012, ch. 67, § 2, effective July 12, 2012.

Legislative Research Commission Note.

(7/12/2012). The internal numbering of this statute has been modified by the Reviser of Statutes from the way it appeared in 2012 Ky. Acts ch. 67, sec. 2, under the authority of KRS 7.136(1). The words in the text were not changed.

Kentucky Sports Authority

148.590. Kentucky Sports Authority — Membership — Chairperson — Executive director — Functions. [Repealed]

HISTORY: Enact. Acts 2005, ch. 10, § 1, effective June 20, 2005; 2009, ch. 16, § 24, effective June 25, 2009; 2010, ch. 24, § 138, effective July 15, 2010; 2010, ch. 44, § 1, effective July 15, 2010; 2017 ch. 70, § 22, effective June 29, 2017; repealed by 2018 ch. 124, § 5, effective July 14, 2018.

Kentucky Trails System

148.610. Purpose of trails system.

  1. In order to provide for the ever-increasing outdoor recreation needs of an expanding population and in order to promote public access to, travel within, and enjoyment and appreciation of the outdoor, natural and remote areas of the state, trails should be established in natural, scenic areas of the state, and in and near urban areas.
  2. The purpose of KRS 148.610 to 148.780 is to provide the means for attaining these objectives by instituting a state system of scenic and recreation trails and by prescribing the methods and standards by which trails may be added to the system.

History. Enact. Acts 1974, ch. 288, § 2.

148.620. Definitions.

Except as otherwise required by the context, the following terms when used in KRS 148.610 to 148.780 shall be construed respectively to mean:

  1. “Commissioner” means the commissioner of the Department of Parks.
  2. “Department” means the Department of Parks.
  3. “System” means the “Kentucky Trails System” as established in KRS 148.610 to 148.780 and including all trails and trail segments, together with their rights-of-way.
  4. “Scenic easement” means a perpetual easement in land which is held for the benefit of the people of Kentucky, is specifically enforceable by its holder or beneficiary, and limits or obligates the holder of the servient estate, his heirs, and assigns with respect to their use and management of land and activities conducted thereon, the object of such limitations and obligations being the maintenance or enhancement of the natural beauty of the land in question or of areas affected by it.
  5. “Political subdivision” means any county, incorporated city, or other political subdivision of the state.

History. Enact. Acts 1974, ch. 288, § 3.

148.630. Classes of trails established.

The state system of trails shall be composed of:

  1. State scenic trails, which will be extended trails so located as to provide maximum potential for the appreciation of natural areas and for the conservation and enjoyment of the significant scenic, historic, natural, ecological, geological, and cultural qualities of the areas through which such trails pass. Each of these trails will be limited exclusively to foot use, except that the use of horses or off-road motorized vehicles or nonmotorized bicycles may also be permitted on segments of scenic trails where specifically designated by the department. Because of their extended length, the state scenic trails shall be supplemented by support facilities but only on that part of a trail which is in a state park or recreation area. Such support facilities may include, where deemed necessary and feasible, primitive shelters, fireplaces, safe water supply, and other related public-use facilities. These facilities shall comply with the state’s health standards. No open wood fires shall be permitted on state scenic trails except in areas with support facilities specifically designated for such purpose.
  2. State recreation trails, which will provide a variety of outdoor recreation uses in or reasonably accessible to urban areas. These trails may be of the following types: foot, horse, off-road motorized vehicles or nonmotorized bicycles as specifically designated by the department.
  3. Connecting or side trails, which will provide additional points of public access to state recreation trails, state scenic trails, or which will provide connections between such trails. They shall be of the nature of the trails they serve.

History. Enact. Acts 1974, ch. 288, § 4.

148.640. Criteria for various classes of trails.

Criteria for establishing the different classes of trails named in KRS 148.630 shall be as follows:

  1. State scenic trails shall traverse mostly scenic and natural areas and shall be of sufficient length that they cannot be travelled in one (1) day or less. Scenic trails shall be narrow paths causing the minimum disturbance to the natural environment and shall be restricted to foot travel with all other modes of locomotion prohibited, except as set forth in KRS 148.630(1) and 148.720 .
  2. Horse and bicycle trails shall have a surface and overhead clearance appropriate for their designated mode of locomotion. Motorized vehicles of any kind shall be barred from foot, horse, and bicycle trails, except as set forth in KRS 148.720 .

History. Enact. Acts 1974, ch. 288, § 5.

148.650. Establishment and designation of trails.

  1. State scenic trails shall be established and designated by the department on lands administered by the department and on lands under the jurisdiction of a state department, political subdivision, or private lands providing:
    1. Such trails are not located in nor traverse any state-owned wildlife management area; and
    2. Such trails meet the criteria established in KRS 148.610 to 148.780 and supplementary criteria as may be prescribed by the department.
  2. The department may establish and designate state recreation trails on lands administered by the department and on lands under the jurisdiction of a state department, political subdivision, or private lands providing:
    1. Such trails are not located in nor traverse any state-owned wildlife management area;
    2. Such trails are reasonably accessible to urban areas;
    3. Such trails meet the criteria established in KRS 148.610 to 148.780 and supplementary criteria as may be prescribed by the department; and
    4. Fee simple, scenic easements, or other rights are obtained from private landowners through which a state recreation trail may pass. The department may establish and designate state recreation trails on lands under the jurisdiction of a federal agency, when in the opinion of the federal agency and the commissioner such lands may be so developed under the provisions of federal law and the provisions of paragraphs (b) and (c) of this subsection.
  3. As provided in this section, trails within park, forest, recreation areas, state natural areas, or any other public area excluding state-owned wildlife management areas may be established and designated state recreation trails by the department.
  4. Connecting or side trails within park, forest, recreation areas, or natural areas may be established, designated, and marked as components of a state recreation or state scenic trail.

History. Enact. Acts 1974, ch. 288, § 6.

148.660. Proposals for additions to system.

The commissioner shall study and from time to time submit to the Governor and the General Assembly proposals for additions to the state scenic trails system and recreation trails that have been designated by the department, regarding rights-of-way that have been established and on the program for implementing KRS 148.610 to 148.780 . Each proposal shall include a short statement on the significance of the various trails to the system.

History. Enact. Acts 1974, ch. 288, § 7; 1998, ch. 373, § 1, effective July 15, 1998.

148.670. Process of locating routes of trails.

The process of locating routes of trails in the system shall be as follows:

  1. For state scenic trails, the department shall select a route. The selected route shall be compatible with the preservation and enhancement of the environment it traverses. Reasonable effort shall be made to minimize any adverse effects upon adjacent landowners and users. Notice of the selected route shall be published by the department in a newspaper of general circulation in the area in which the trail is located, together with appropriate maps and descriptions.
  2. For state recreation trails and for connecting or side trails, the department shall select the route; provided, however, that when a route shall traverse land within the jurisdiction of a governmental unit or political subdivision, the department shall consult with such unit or such subdivision prior to its final determination for the location of the route.
  3. In selecting routes and implementing KRS 148.610 to 148.780 , the department is encouraged to confer with the recognized and established organizations primarily interested in trail development, conservation, and outdoor recreation. Furthermore, the General Assembly encourages citizen participation in trail acquisition, construction, development, and maintenance where such activities will not conflict with the purpose of KRS 148.610 to 148.780 .
  4. In the selection of the route for any trail, when the trail reaches an area of crop or fenced pasture land, the trail shall be so located as not to interfere in the growing of crops, or with the livestock, or pasture land, and such trail may then follow existing farm roads. The owner of such farm lands may enter a written agreement with the department to grant permission for the crossing of such crop or pasture land.

History. Enact. Acts 1974, ch. 288, § 8.

148.680. Information forwarded by state agencies.

All state agencies shall inform the commissioner of any proceedings, studies, or other activities which may affect any component of the system.

History. Enact. Acts 1974, ch. 288, § 9.

148.690. Determination of boundaries of abandoned rights-of-way and abandoned railroad corridors — Evaluation of potential for conversion to railtrail.

  1. The department shall review all formal declarations of railroad right-of-way abandonments by the Surface Transportation Board or other agency with jurisdiction and may review former railroad corridors for possible inclusion in the state trails system. The commissioner shall, within three (3) years after the route of a trail or trail segment included in the system has been located, determine the boundaries of the right-of-way to be associated with that trail. Such boundaries shall be established in such a manner that they protect the scenic value of the trail.
  2. The commissioner is authorized to develop effective procedures to assure that, wherever practicable, utility rights-of-way, abandoned railroad corridors, or similar properties having value for trail purposes may be made available for such use; however, the commissioner shall take into consideration the rights of adjacent property owners in the development of any such procedures. Other departments of state government having jurisdiction, control over, or information concerning the use, abandonment, or disposition of rights-of-way, railroad corridors, and similar properties that may be suitable for trail purposes shall cooperate with the commissioner in the transfer of these rights for trail use. These procedures shall include, at a minimum, that, for every railroad corridor that is the subject of a request for federal authority to discontinue service or for federal regulatory abandonment, the commissioner shall evaluate the potential of converting that corridor into a railtrail. The commissioner shall cause a preliminary review to be completed within thirty (30) days of the publication of the request for federal authority in the Federal Register. The commissioner shall cause a final review to be completed ninety (90) days after the publication of the request for federal authority in the Federal Register. The commissioner shall timely transmit copies of these reviews to the Legislative Research Commission and to the Commonwealth’s Railtrail Development Office in the Department for Local Government as they are completed. If either review indicates the possibility of converting the corridor into a railtrail, the commissioner may participate in the federal proceeding to request that the corridor be railbanked in accordance with federal law or to request the imposition of a public use condition.

History. Enact. Acts 1974, ch. 288, § 10; 1998, ch. 373, § 2, effective July 15, 1998; 2000, ch. 338, § 5, effective July 14, 2000; 2007, ch. 47, § 76, effective June 26, 2007; 2010, ch. 117, § 73, effective July 15, 2010.

148.700. Acquisition of land or interest in land.

Within the exterior boundaries of the right-of-way, the commissioner may acquire, on behalf of the state, lands in fee title, or interest in land in the form of scenic easements, or cooperative agreements. Acquisition of land or of interest therein may be by gift, purchase with donated funds, funds appropriated by the General Assembly, proceeds from the sale of bonds, exchange, assumption of property tax payments, or otherwise. Acquisition of land or interest therein shall be accomplished with all possible speed. Such acquisition should not interfere with the growing of crops, or with the livestock, or pasture land on the remaining property of the farm owner.

History. Enact. Acts 1974, ch. 288, § 11.

148.710. Preservation of natural vegetation, etc.

Within the exterior boundaries of the right-of-way, the natural vegetation shall be kept undisturbed except for any clearing required for construction of the trail, occasional vistas, or trail-use facilities described in KRS 148.750 . The department shall make every effort to avoid any use of the right-of-way that is incompatible with the purposes for which the trails were established. Development and management of each segment of the state trails system shall be designed to harmonize with and complement any established multiple-use plans for that specific area in order to insure continual maximum benefits from the land. Other uses along the trail which will not substantially interfere with the nature and purposes of the trail may be permitted by the department; provided, that the owner of real property adjacent to any part of the system may hunt on that portion of the system which is adjacent to his property.

History. Enact. Acts 1974, ch. 288, § 12.

148.720. Limitation on use of motorized vehicles.

The use of motorized vehicles by the general public within the right-of-way of any state scenic or recreation trail shall be prohibited and nothing in KRS 148.610 to 148.780 shall be construed as authorizing the use of motorized vehicles in these rights-of-way; provided, that the department shall establish regulations which shall authorize the use of motorized vehicles when such vehicles are required to meet emergencies where life or health is at risk, for the maintenance of established trails, or to enable present or adjacent landowners or land users to have access to their lands or timber rights where no reasonable alternative method of access exists or could be constructed. Prosecution for violation of this section may be initiated by a peace officer who witnessed an offense in violation of this section or by any private citizen who witnessed any violation of this section who is willing to make the initial charge and testify for the state.

History. Enact. Acts 1974, ch. 288, § 13.

148.730. Effect of statutes on lands which are a part of more than one system.

Any component of the system that is a part of any state park, recreation area, or similar area shall be subject to the provisions of KRS 148.610 to 148.780 and the acts under which the other areas are administered, and in the case of conflict between the provisions of these acts the more restrictive provisions shall apply.

History. Enact. Acts 1974, ch. 288, § 14.

148.740. Trail markers.

The department, in consultation with appropriate governmental agencies, and public and private organizations, shall establish a marker for trails contained in the system. An additional appropriate symbol characterizing specific trails may be included on the marker. The markers shall be placed at all access points, together with signs indicating the modes of locomotion that are prohibited for the trail; provided, that where the trail constitutes a portion of a national scenic trail, use of the national scenic trail uniform marker shall be considered sufficient. The route of the trail and the boundaries of the right-of-way shall be marked with paint or other simple means.

History. Enact. Acts 1974, ch. 288, § 15.

148.750. Administration of system — Responsibility.

The Kentucky Trails System shall be administered by the department according to the policies and criteria set forth in KRS 148.610 to 148.780 . The department shall have the responsibility for maintaining the trails and building bridges, campsites, shelters, and related public-use facilities where required. The department shall establish a trails coordinator to carry out the purposes of KRS 148.610 to 148.780 .

History. Enact. Acts 1974, ch. 288, § 16; 1998, ch. 373, § 3, effective July 15, 1998.

148.760. Procedure for relocation.

Segments of the state trails may be relocated when such relocation is deemed necessary to preserve or enhance the values for which the trails were established. Relocation may be accomplished by the department after consultation with other governmental agencies involved and following publication of notice in a newspaper of general circulation, together with maps and descriptions. In establishing the new location and right-of-way the procedures set forth in KRS 148.670 through 148.710 , inclusive, shall be followed.

History. Enact. Acts 1974, ch. 288, § 17.

148.770. Coordination with national trails system.

Nothing in KRS 148.610 to 148.780 shall preclude a component of the state trails system from becoming a part of the national trails system. The commissioner shall coordinate the state trails system with the national trails system and is directed to encourage and assist any federal studies for inclusion of the state’s trails in the national trails system. The commissioner may enter into written cooperative agreements for joint federal-state administration of a state component of the national trails system, provided such agreements for administration of land uses are not less restrictive than those set forth in KRS 148.610 to 148.780 .

History. Enact. Acts 1974, ch. 288, § 18.

148.775. Coordination of efforts to develop bicycling opportunities.

The department shall coordinate its efforts with and work with the Transportation Cabinet in so far as the provisions of KRS 148.610 to 148.780 and the provisions of KRS 174.100 , 174.120 , and 174.125 can be used to develop bicycling opportunities in the state.

History. Enact. Acts 1998, ch. 373, § 4, effective July 15, 1998.

148.780. Owner’s consent required for access to or use of premises.

Nothing in KRS 148.610 to 148.780 shall be construed as authorizing any person to enter upon or use the land in any manner without the consent of the owner.

History. Enact. Acts 1974, ch. 288, § 19.

148.790. Citation of KRS 148.610 to 148.780.

KRS 148.610 to 148.780 may be cited as the “Kentucky Trails System Act.”

History. Enact. Acts 1974, ch. 288, § 1.

Kentucky Recreational Trails Authority

148.795. Kentucky Recreational Trails Authority — Purpose — Membership — Meetings — Land use agreements for recreational purposes — General use permits — Authority may hold property for public use — Proceeds. [Repealed]

History. Enact. Acts 2006, ch. 152, § 11, effective July 12, 2006; 2008, ch. 70, § 1, effective July 15, 2008; 2009, ch. 16, § 25, effective June 25, 2009; 2010, ch. 24, § 139, effective July 15, 2010; 2010, ch. 65, § 5, effective July 15, 2010; repealed by 2017 ch. 164, § 9, effective June 29, 2017.

Compiler's Notes

This section was (Enact. Acts 2006, ch. 152, § 11, effective July 12, 2006; 2008, ch. 70, § 1, effective July 15, 2008; 2009, ch. 16, § 25, effective June 25, 2009; 2010, ch. 24, § 139, effective July 15, 2010; 2010, ch. 65, § 5, effective July 15, 2010) was repealed by Acts 2017, ch. 164, § 9, effective June 29, 2017.

148.796. Strategy to increase recreational activity on private land — Landowner’s permission required for entry on private land. [Repealed]

History. Enact. Acts 2008, ch. 70, § 2, effective July 15, 2008; repealed by 2017 ch. 164, § 9, effective June 29, 2017.

Compiler's Notes

This section (Enact. Acts 2008, ch. 70, § 2, effective July 15, 2008) was repealed by Acts 2017, ch. 164, § 9, effective June 29, 2017.

State Parks Capital Maintenance and Renovation

148.800. Park capital maintenance and renovation fund.

There is hereby established in the State Treasury a separate trust and agency account to be known as the “Park Capital Maintenance and Renovation Fund” to be administered by the Department of Parks, with the approval of the Governor’s Office for Policy and Management, for the purposes provided for in KRS 148.800 to 148.810 . The balance of any moneys accruing to this fund in any fiscal year shall not lapse but shall be carried forward to the next fiscal year or biennium.

History. Enact. Acts 1994, ch. 433, § 1, effective July 15, 1994.

148.805. Moneys attributable to increases in fees and charges after August 1, 1994, to be deposited in fund.

  1. On or after August 1, 1994, there shall be deposited in the fund created in KRS 148.800 , the moneys attributable to any increase in fees and charges at the state’s parks made by the department and designated by the commissioner as an increase for the purpose of KRS 148.800 to 148.810 .
  2. Any increase in fees and charges made pursuant to subsection (1) of this section shall be used to supplement rather than to replace other anticipated department funding sources or budgeted expenditure accounts.

History. Enact. Acts 1994, ch. 433, § 2, effective July 15, 1994.

148.810. Use of moneys in fund.

  1. Funds in the park capital maintenance and renovation fund shall be used for the maintenance and renovation of park facilities. Maintenance shall include equipment purchases, used primarily in the maintenance of infrastructure and park facilities, and expenditures related to preventative maintenance of capital assets. Renovation includes the replacement of depreciable assets, including furnishings, and purchase of depreciable assets which enhance the quality of the parks.
  2. In no case shall the moneys from the fund be expended on:
    1. New capital project construction;
    2. Any new maintenance or renovation project estimated to cost four hundred thousand dollars ($400,000) or more in cash or other consideration; or
    3. Any new item of equipment estimated to cost one hundred thousand dollars ($100,000) or more in cash or other consideration.
  3. Moneys in the park capital maintenance and renovation fund may be used to provide additional funding for any capital project, as defined in KRS 45.750 , that received line item authorization from the General Assembly in any executive branch budget bill only if the state budget director or the director’s designee submits the proposed allocation to the Capital Projects and Bond Oversight Committee at least fourteen (14) days prior to the committee meeting, in accordance with the provisions of KRS 45.800 .
  4. Notwithstanding the provisions of KRS 45.760(6), moneys in the park capital maintenance and renovation fund shall not be used to provide additional funding for any capital project, as defined in KRS 45.750 , that received line item authorization from the General Assembly in any executive branch budget bill, and that has already received maximum additional funding as permitted by KRS 45.760(6) unless the state budget director or the director’s designee submits the proposed allocation to the Capital Projects and Bond Oversight Committee at least fourteen (14) days prior to the committee meeting, in accordance with the provisions of KRS 45.800 . In addition to the requirements of KRS 45.800 , the submission shall include a written certification that:
    1. Due to extraordinary circumstances, which shall be described, additional funds are necessary for the project to be completed in a manner that will allow it to serve its intended purpose; and
    2. The use of funds from the parks capital maintenance and renovation fund do not unduly compromise the routine maintenance and renovation needs that the fund was created to address.
  5. The commissioner shall, by September 1 of each year, report to the Legislative Research Commission the receipts, expenditures, and any amounts carried forward for the fiscal year ending on June 30 of that year from the fund established in KRS 148.800 .

History. Enact. Acts 1994, ch. 433, § 3, effective July 15, 1994; 1998, ch. 26, § 1, effective July 15, 1998; 2009, ch. 78, § 38, effective June 25, 2009.

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, M, 4, (1) at 901.

148.815. State Parks Commission. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 433, § 4, effective July 15, 1994) was repealed by Act 2005, ch. 95, § 54, effective June 20, 2005.

148.820. Meetings of commission — Duties of commission. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 433, § 5, effective July 15, 1994) was repealed by Act 2005, ch. 95, § 54, effective June 20, 2005.

148.825. Inspection of state park facilities by commission — Access to grounds, buildings, and records. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 433, § 6, effective July 15, 1994) was repealed by Act 2005, ch. 95, § 54, effective June 20, 2005.

Promotion of Kentucky Products

148.830. Program to promote sale of Kentucky-grown products in state resort parks — Administrative regulations.

The Department of Parks shall establish a promotion program within the Department of Parks to promote the sale of Kentucky-grown agricultural products, as defined in KRS 260.016 , in state resort park restaurants, gift shops, concessions, and golf courses. The promotion program shall operate in conjunction with the Kentucky Proud™ Program in accordance with KRS 260.017 . The commissioner of the Department of Parks shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement the promotion program no later than October 1, 2011.

History. Enact. Acts 2002, ch. 344, § 3, effective July 15, 2002; 2008, ch. 154, § 2, effective July 15, 2008; 2011, ch. 19, § 2, effective June 8, 2011.

148.832. State resort park contracts to promote sale of Kentucky-grown products.

  1. Any contract for the provision and sale of food services and agricultural products in state resort park restaurants, gift shops, concessions, and golf courses shall promote the sale of Kentucky-grown agricultural products under the Kentucky Proud™ Program in accordance with KRS 45A.645 , 148.830 , 148.835 , and 260.017 .
  2. Only contracts entered into or renewed after June 8, 2011, shall be required to comply with the provisions of this section.

History. Enact. Acts 2011, ch. 19, § 1, effective June 8, 2011.

148.835. Promotion program requiring state parks to purchase Kentucky agricultural products — Administrative regulations.

The Department of Parks shall establish a promotion program within the Department of Parks to require that if purchasing agricultural products, state parks purchase Kentucky-grown agricultural products if the purchasing officer determines that they are available, can be priced on the menu to encourage their sale, and meet the quality standards set by the Department of Parks. The commissioner of the Department of Parks shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement the promotion program as set forth in this section no later than October 1, 2011.

History. Enact. Acts 2002, ch. 344, § 4, effective April 23, 2002; 2011, ch. 19, § 3, effective June 8, 2011.

148.840. Steering committee to assist in promotion — Recommendation — Reports — Termination.

  1. The Department of Parks shall establish a steering committee which shall consist of:
    1. The secretary of the Finance and Administration Cabinet, or a designee;
    2. The Commissioner of Agriculture, or a designee;
    3. The commissioner of the Department of Parks, or a designee;
    4. The director of the Agriculture Development Board, or a designee;
    5. The coordinator of the Kentucky State University Aquaculture Program, or a designee;
    6. The chairperson of the horticulture department at the University of Kentucky, or a designee; and
    7. Two (2) members of organizations and associations representing the Kentucky farming community, appointed by the Commissioner of Agriculture.
  2. The steering committee shall plan and assist in the implementation of the promotion program identified in KRS 148.830 and 148.835 .
  3. The steering committee shall recommend by October 1, 2011, the structure and objectives of the promotion program identified in KRS 148.830 and 148.835 .
  4. Upon implementation of the promotion program identified in KRS 148.830 and 148.835 , the steering committee shall evaluate the promotion program and submit an initial report to the Governor, the secretary of the Finance and Administration Cabinet, and the Legislative Research Commission no later than July 1, 2012, and subsequent annual reports no later than July 1 of each year thereafter.
  5. The steering committee shall continue to meet at least once each year at a date and location to be determined by its members to ensure the continuation of the promotion program.

History. Enact. Acts 2002, ch. 344, § 5, effective July 15, 2002; 2011, ch. 19, § 4, effective June 8, 2011.

Financing of Tourism Development

148.850. Tourism Development Finance Authority created — Members — Terms — Conflicts of interest — Powers.

  1. The Tourism Development Finance Authority is created within the Tourism, Arts and Heritage Cabinet. The authority shall consist of nine (9) members appointed by the Governor, at least one (1) of whom shall represent the film industry and at least one (1) of whom shall represent individuals with professional experience in financial management or economic development. The members of the authority shall serve without compensation but shall be entitled to reimbursement for their necessary expenses incurred in performing their duties. Of the members initially appointed to the authority, two (2) members shall be appointed for terms of one (1) year, three (3) members shall be appointed for terms of two (2) years, and two (2) members shall be appointed for terms of three (3) years. Thereafter, the members of the authority shall be appointed for terms of four (4) years.
  2. The Governor shall appoint one (1) member as chairperson of the Tourism Development Finance Authority. The members of the authority may elect other officers as they deem necessary.
  3. No member of the Tourism Development Finance Authority shall either directly or indirectly be a party to, or be in any manner interested in, any contract or agreement with the authority for any matter, cause, or thing that creates any liability or indebtedness against the authority.
  4. The Tourism Development Finance Authority shall have the powers necessary to carry out the purposes of this section, KRS 139.536 , and KRS 148.851 to 148.860 , including but not limited to the power to:
    1. Employ fiscal consultants, attorneys, appraisers, and other agents on behalf of the authority whom the authority deems necessary or convenient for the preparation and administration of agreements and documents necessary or incidental to any project. The fees for the services provided by persons employed on behalf of the authority shall be paid by the beneficiary of a loan under this program directly to the person providing consultation, advisory, legal, or other services; and
    2. Impose and collect fees and charges in connection with any transaction and provide for reasonable penalties for delinquent payment of fees and charges.

HISTORY: Enact. Acts 2001, ch. 1, § 1, effective June 21, 2001; 2005, ch. 95, § 23, effective June 20, 2005; 2009, ch. 16, § 26, effective June 25, 2009; 2017 ch. 132, § 2, effective June 29, 2017.

148.851. Definitions for KRS 148.851 to 148.860.

As used in 148.851 to 148.860 , unless the context clearly indicates otherwise:

  1. “Agreement” means the tourism development agreement entered into between the authority and an approved company;
  2. “Approved company” means any eligible company that has received final approval to receive incentives provided under KRS 148.853 ;
  3. “Approved costs” means the amount of eligible costs approved by the authority upon completion of the project;
  4. “Authority” means the Kentucky Tourism Development Finance Authority as set forth in KRS 148.850 ;
  5. “Cabinet” means the Tourism, Arts and Heritage Cabinet;
  6. “Crafts and products center” means a facility primarily devoted to the display, promotion, and sale of Kentucky products, and at which a minimum of eighty percent (80%) of the sales occurring at the facility are of Kentucky arts, crafts, or agricultural products;
  7. “Eligible company” means any corporation, limited liability company, partnership, limited partnership, sole proprietorship, business trust, or any other entity operating or intending to operate a tourism development project;
  8. “Eligible costs” means:
    1. Obligations incurred for labor and amounts paid to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, and installation of a tourism development project;
    2. The costs of acquiring real property or rights include the acquisition of real property by a leasehold interest with a minimum term of ten (10) years, and any costs incidental thereto;
    3. The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, and installation of a tourism development project which is not paid by the vendor, supplier, deliveryman, contractor, or otherwise provided;
    4. All costs of architectural and engineering services, including but not limited to estimates, plans and specifications, preliminary investigations, and supervision of construction and installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping, and installation of a tourism development project;
    5. All costs required to be paid under the terms of any contract for the acquisition, construction, equipping, and installation of a tourism development project;
    6. All costs required for the installation of utilities, including but not limited to water, sewer, sewer treatment, gas, electricity and communications, and including off-site construction of the facilities paid for by the approved company; and
    7. All other costs comparable with those described in this subsection, excluding costs subject to refund under KRS 154.20-202 , 154.20-204 , 154.20-206 , 154.20-208 , and 154.20-210 or Subchapter 31 of KRS Chapter 154;
  9. “Enhanced incentive county” has the same meaning as in KRS 154.32-010 ;
  10. “Entertainment destination center project” means a facility that meets the requirements of KRS 148.853(2)(b);
  11. “Final approval” means the action taken by the authority authorizing the eligible company to receive incentives under KRS 139.536 and 148.851 to 148.860 ;
  12. “Full-service lodging facility” means a facility that provides overnight sleeping accommodations, including private bathrooms and all of the following:
    1. On-site dining facilities;
    2. Room service;
    3. Catering: and
    4. Meeting space;
  13. “Incentives” means the Kentucky sales tax refund as prescribed in KRS 139.536 ;
  14. “Kentucky sales tax” means the sales tax imposed by KRS 139.200 ;
  15. “Lodging facility project” means a full-service lodging facility that:
    1. Is located on recreational property owned or leased by the Commonwealth or the federal government;
    2. Involves the restoration or rehabilitation of a structure that:
      1. Is listed individually on the National Register of Historic Places; or
      2. Is located in the National Register Historic District; and
    3. Is an integral part of a major convention or sports facility;
    4. Is located:
      1. Within a fifty (50) mile radius of a property listed on the National Register of Historic Places with a current function of recreation and culture; and
      2. In any of the one hundred (100) least-populated counties in the Commonwealth, in terms of population density, according to the most recent census;
    5. Is located on property:
      1. Owned by the Commonwealth, or leased by the Commonwealth from the federal government;
      2. Acquired for use in the state park system pursuant to KRS 148.028 ; and
      3. Operated by the Kentucky Department of Parks pursuant to KRS 148.021 or the Kentucky Horse Park Commission pursuant to KRS 148.258 to 148.320 ;
    6. Is located on property:
      1. Owned or leased by the federal government and under the control of the Department of the Interior; or
      2. Owned by the Commonwealth and in the custody of the State Fair Board as provided in KRS 247.140 ;
    7. Is part of a tourism attraction project, entertainment destination center project, or theme restaurant destination attraction project and the full-service lodging facility represents less than fifty percent (50%) of the total eligible costs; or
    8. Has not less than five hundred (500) guest rooms:
  16. “Net positive fiscal impact” means the amount by which increased state tax revenues will exceed the incentives given;
  17. “Preliminary approval” means the action taken by the authority conditionally approving an eligible company for the incentives under KRS 139.536 and 148.851 to 148.860 ;
  18. “Recreational facility” means a structure or outdoor area that:
    1. Provides visitors recreational opportunities, including but not limited to amusement parks, boating, hiking, horseback riding, hunting, fishing, camping, wildlife viewing, live theater, rock climbing, and all-terrain vehicle trails; and
    2. Serves as a likely destination where individuals who are not residents of the Commonwealth would remain overnight in commercial lodging at or near the recreational facility;
  19. “Theme restaurant destination attraction project” means a restaurant facility that meets the requirements for incentives under KRS 148.853(2)(c);
    1. “Tourism attraction project” means: (20) (a) “Tourism attraction project” means:
      1. A cultural or historical site;
      2. A recreational facility;
      3. An entertainment facility;
      4. An area of natural phenomenon or scenic beauty; or
      5. A Kentucky crafts and products center;
    2. “Tourism attraction project” does not include facilities that are primarily devoted to the retail sale of goods, other than a Kentucky crafts and products center, or a tourism attraction where the sale of goods is a secondary and subordinate component of the attraction; and
  20. “Tourism development project” means:
    1. A tourism attraction project;
    2. A theme restaurant destination attraction project;
    3. An entertainment destination center project; or
    4. A lodging facility project.

is certified by the Kentucky Heritage Council as contributing to the historic significance of the district, and the rehabilitation or restoration of the structure has been approved in advance by the Kentucky Heritage Council;

History. Repealed, reenact. and amend., Acts 2001, ch. 1, § 2, effective June 21, 2001; 2002, ch. 338, § 43, effective April 11, 2002; 2003, ch. 73, § 3, effective March 18, 2003; 2004, ch. 105, § 23, effective July 13, 2004; 2005, ch. 95, § 24, effective June 20, 2005; 2005, ch. 168, § 46, effective June 20, 2005; 2005, ch. 184, § 15, effective June 20, 2005; 2006, ch. 149, § 206, effective July 12, 2006; 2009, ch. 16, § 27, effective June 25, 2009; 2009 (1st Ex. Sess.), ch. 1, § 36, effective June 26, 2009; 2014, ch. 104, § 1, effective July 15, 2014.

Legislative Research Commission Note.

(6/26/2009). For the purpose of clarification and after consultation with the drafter, the internal numbering of renumbered subsection (14) of this statute has been changed by the Reviser of Statutes from the way it appeared in 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 36, subsec. (13), under the authority of KRS 7.136 .

(6/26/2009). In 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 36, because of a manifest clerical or typographical error, the definition of “authority,” referring to the Kentucky Tourism Development Finance Authority, was inadvertently deleted from this statute. It has been restored in codification by the Reviser of Statutes under the authority of KRS 7.136 and subsequent subsections have been renumbered accordingly.

(3/18/2005). 2005 Ky. Acts ch. 168, sec. 165, provides that the amendments to KRS 148.851 in 2005 Ky. Acts ch. 168, sec. 46, “relating to income tax changes and incentives, shall apply to tax years beginning on or after January 1, 2005.”

(6/21/2001). This is former KRS 154.29-010 as amended by 2001 Ky. Acts ch. 1, sec. 2, and renumbered by the Reviser of Statutes under KRS 7.136(1).

148.853. Legislative findings — Qualifications for incentives — Incentives available.

  1. The General Assembly finds and declares that:
    1. The general welfare and material well-being of the citizens of the Commonwealth depend in large measure upon the development of tourism in the Commonwealth;
    2. It is in the best interest of the Commonwealth to provide incentives for the creation of new tourism attractions and the expansion of existing tourism attractions within the Commonwealth in order to advance the public purposes of relieving unemployment by preserving and creating jobs that would not exist if not for the incentives offered by the authority to approved companies, and by preserving and creating sources of tax revenues for the support of public services provided by the Commonwealth;
    3. The authorities granted by KRS 148.851 to 148.860 are proper governmental and public purposes for which public moneys may be expended; and
    4. That the creation or expansion of tourism development projects is of paramount importance mandating that the provisions of KRS 139.536 and KRS 148.851 to 148.860 be liberally construed and applied in order to advance public purposes.
  2. To qualify for incentives provided in KRS 139.536 and 148.851 to 148.860 , the following requirements shall be met:
    1. For a tourism attraction project:
      1. The total eligible costs shall exceed one million dollars ($1,000,000), except for a tourism attraction project located in a county designated as an enhanced incentive county at the time the eligible company becomes an approved company as provided in KRS 148.857(6), the total eligible costs shall exceed five hundred thousand dollars ($500,000);
      2. In any year, including the first year of operation, the tourism attraction project shall be open to the public at least one hundred (100) days; and
      3. In any year following the third year of operation, the tourism attraction project shall attract at least twenty-five percent (25%) of its visitors from among persons who are not residents of the Commonwealth;
    2. For an entertainment destination center project:
      1. The total eligible costs shall exceed five million dollars ($5,000,000);
      2. The facility shall contain a minimum of two hundred thousand (200,000) square feet of building space adjacent or complementary to an existing tourism attraction project or a major convention facility;
      3. The incentives shall be dedicated to a public infrastructure purpose that shall relate to the entertainment destination center project;
      4. In any year, including the first year of operation, the entertainment destination center project shall:
        1. Be open to the public at least one hundred (100) days per year;
        2. Maintain at least one (1) major theme restaurant and at least three (3) additional entertainment venues, including but not limited to live entertainment, multiplex theaters, large-format theater, motion simulators, family entertainment centers, concert halls, virtual reality or other interactive games, museums, exhibitions, or other cultural and leisure-time activities; and
        3. Maintain a minimum occupancy of sixty percent (60%) of the total gross area available for lease with entertainment and food and drink options not including the retail sale of tangible personal property; and
      5. In any year following the third year of operation, the entertainment destination center project shall attract at least twenty-five percent (25%) of its visitors from among persons who are not residents of the Commonwealth;
    3. For a theme restaurant destination attraction project:
      1. The total eligible costs shall exceed five million dollars ($5,000,000);
      2. In any year, including the first year of operation, the attraction shall:
        1. Be open to the public at least three hundred (300) days per year and for at least eight (8) hours per day; and
        2. Generate no more than fifty percent (50%) of its revenue through the sale of alcoholic beverages;
      3. In any year following the third year of operation, the theme restaurant destination attraction project shall attract a minimum of fifty percent (50%) of its visitors from among persons who are not residents of the Commonwealth; and
      4. The theme restaurant destination attraction project shall:
        1. At the time of final approval, offer a unique dining experience that is not available in the Commonwealth within a one hundred (100) mile radius of the attraction;
        2. In any year, including the first year of operation, maintain seating capacity of four hundred fifty (450) guests and offer live music or live musical and theatrical entertainment during the peak business hours that the facility is in operation and open to the public; or
        3. Within three (3) years of the completion date, the attraction shall obtain a top two (2) tier rating by a nationally accredited service and shall maintain a top two (2) tier rating through the term of the agreement;
    4. For a lodging facility project:
        1. The eligible costs shall exceed five million dollars ($5,000,000) unless the provisions of subdivision b. of this subparagraph apply. 1. a. The eligible costs shall exceed five million dollars ($5,000,000) unless the provisions of subdivision b. of this subparagraph apply.
          1. If the lodging facility is an integral part of a major convention or sports facility, the eligible costs shall exceed six million dollars ($6,000,000); and b. i. If the lodging facility is an integral part of a major convention or sports facility, the eligible costs shall exceed six million dollars ($6,000,000); and
          2. If the lodging facility includes five hundred (500) or more guest rooms, the eligible costs shall exceed ten million dollars ($10,000,000); and
      1. In any year, including the first year of operation, the lodging facility shall:
        1. Be open to the public at least one hundred (100) days; and
        2. Attract at least twenty-five percent (25%) of its visitors from among persons who are not residents of the Commonwealth;
    5. Any tourism development project shall not be eligible for incentives if it includes material determined to be lewd, offensive, or deemed to have a negative impact on the tourism industry in the Commonwealth; and
    6. An expansion of any tourism development project shall in all cases be treated as a new stand-alone project.
  3. The incentives offered under the Kentucky Tourism Development Act shall be as follows:
    1. An approved company may be granted a sales tax incentive based on the Kentucky sales tax imposed on sales generated by or arising at the tourism development project; and
      1. For a tourism development project other than a lodging facility project described in KRS 148.851(14)(e) or (f), or a tourism attraction project described in subparagraph 2. of this paragraph: (b) 1. For a tourism development project other than a lodging facility project described in KRS 148.851(14)(e) or (f), or a tourism attraction project described in subparagraph 2. of this paragraph:
        1. A sales tax incentive shall be allowed to an approved company over a period of ten (10) years, except as provided in subparagraph 5. of this paragraph; and
        2. The sales tax incentive shall not exceed the lesser of the total amount of the sales tax liability of the approved company and its lessees or a percentage of the approved costs as specified by the agreement, not to exceed twenty-five percent (25%);
      2. For a tourism attraction project located in an enhanced incentive county at the time the eligible company becomes an approved company as provided in KRS 148.857(6):
        1. A sales tax incentive shall be allowed to the approved company over a period of ten (10) years; and
        2. The sales tax incentive shall not exceed the lesser of the total amount of the sales tax liability of the approved company and its lessees or a percentage of the approved costs as specified by the agreement, not to exceed thirty percent (30%);
      3. For a lodging facility project described in KRS 148.851(14)(e) or (f):
        1. A sales tax incentive shall be allowed to the approved company over a period of twenty (20) years; and
        2. The sales tax incentive shall not exceed the lesser of total amount of the sales tax liability of the approved company and its lessees or a percentage of the approved costs as specified by the agreement, not to exceed fifty percent (50%);
      4. Any unused incentives from a previous year may be carried forward to any succeeding year during the term of the agreement until the entire specified percentage of the approved costs has been received through sales tax incentives; and
      5. If the approved company is an entertainment destination center that has dedicated at least thirty million dollars ($30,000,000) of the incentives provided under the agreement to a public infrastructure purpose, the agreement may be amended to extend the term of the agreement up to two (2) additional years if the approved company agrees to:
        1. Reinvest in the original entertainment destination project one hundred percent (100%) of any incentives received during the extension that were outstanding at the end of the original term of the agreement; and
        2. Report to the authority at the end of each fiscal year the amount of incentives received during the extension and how the incentives were reinvested in the original entertainment destination project.

HISTORY: Repealed, reenact., and amend. Acts 2001, ch. 1, § 3, effective June 21, 2001; 2009 (1st Ex. Sess.), ch. 1, § 37, effective June 26, 2009; 2014, ch. 104, § 2, effective July 15, 2014; 2017 ch. 132, § 3, effective June 29, 2017.

Compiler’s Notes.

This section was formerly compiled as KRS 154.29-020 .

Legislative Research Commission Notes.

(6/27/2019). This statute was amended in 2019 Ky. Acts ch. 151, sec. 60 (HB 354). Although HB 354 was enacted, 2019 Ky. Acts ch. 196, sec. 16 (HB 458) repealed certain sections of that prior Act, including Section 60, and directed the Reviser of Statutes to not codify them. Therefore, the amendment to this statute in 2019 Ky. Acts ch. 151, sec. 60, was not codified.

(6/26/2009). In codification, the Reviser of Statutes has corrected a manifest clerical or typographical error in 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 37, subsection (3)(b)1. and 2. (this statute), by replacing an incorrect reference to “KRS 148.851(13)(e) or (f)” with the correct reference to “KRS 148.851(14)(e) or (f).”

(1/25/2009). This is former KRS 154.29-020 as amended by 2001 Ky. Acts ch. 1, sec. 3, and renumbered by the Reviser of Statutes under KRS 7.136(1).

148.8531. Application period for sales tax incentive under KRS 148.853(3)(b)2.

New applications shall not be accepted or considered before August 1, 2014, or after May 1, 2018, for the sales tax incentive provided in KRS 148.853(3)(b)2. All projects with preliminary or final approval under KRS 148.851 to 148.860 on July 31, 2018, shall continue to be governed by KRS 148.851 to 148.860 .

History. Enact. Acts 2014, ch. 104, § 3, effective July 15, 2014.

148.854. Legacy expansion projects — Purpose — Eligibility for incentives — Incentives available — Application, approval, and monitoring process — Term of agreement — Analysis of positive fiscal impact — Legislative findings.

  1. As used in this section:
    1. “Legacy expansion project” means an expansion project approved under this section; and
    2. “Premier event” means a sports event that:
      1. Is in the premier series or top sanctioned level of all similar types of events staged on a national basis; and
      2. Is broadcast nationally.
  2. The purpose of this section is to encourage the location of premier events in the Commonwealth.
  3. To qualify for incentives under this section, an eligible company or its assignee shall:
    1. Have an existing project under KRS 148.851 to 148.860 that was approved prior to June 26, 2009;
    2. Invest a minimum of thirty million dollars ($30,000,000) in the expansion of the previously approved project;
    3. Present one (1) or more new premier events on an annual basis at the legacy expansion project site. As used in this paragraph, “new premier event” means a premier event that was not presented at the existing project prior to approval of the legacy expansion project; and
    4. Include a facility with a permanent seating capacity of sixty-five thousand (65,000) or more, where premier events will be held.
  4. An approved company meeting the requirements established by subsection (3) of this section shall be eligible to recover the following:
    1. Up to twenty-five percent (25%) of the approved costs expended for the legacy expansion project; and
    2. One hundred percent (100%) of any amounts outstanding under the agreement for the original project between the approved company, or any assignee of the approved company, and the authority.
  5. To obtain the incentives authorized pursuant to this section, an eligible company that meets the requirements of subsection (3) of this section shall file an application for a legacy expansion project with the authority. The legacy expansion project shall be reviewed and evaluated as a new project under KRS 148.851 to 148.860 , and the application and review process established in KRS 148.851 to 148.860 shall apply, except as otherwise provided in this section. The cabinet may establish requirements and guidelines for the review and approval of projects under this section that are different from, or in addition to the requirements and guidelines established for the review of projects in general under KRS 148.851 to 148.860.
    1. The application required under subsection (5) of this section shall include a plan describing the eligible company’s efforts to promote the hiring of Kentucky residents to be employed in the construction and operation of the legacy expansion project. (6) (a) The application required under subsection (5) of this section shall include a plan describing the eligible company’s efforts to promote the hiring of Kentucky residents to be employed in the construction and operation of the legacy expansion project.
      1. The plan shall be submitted in a format, and with sufficient detail to demonstrate that the eligible company has evaluated the following factors in the development of its plan:
        1. An analysis of its specific need to employ particular occupations, skills, trades, and technical expertise in the construction and operation of the legacy expansion project;
        2. An estimate of the total number of individuals expected to be employed in the construction and operation of the legacy expansion project, which shall include a categorization of construction phase and operational phase employment projections;
        3. An analysis of the specific need to employ individuals skilled in specialized tasks or in the operation of specialized equipment unique to the construction or operation of the legacy expansion project, together with an evaluation of the availability of sufficiently skilled laborers within the Commonwealth who may be employed to perform the specialized tasks identified or to work with particular specialized equipment;
        4. An analysis of the labor market conditions in Kentucky counties in the vicinity of the legacy expansion project at the time construction of the project is ongoing and during the time at which operations at the project commence, which shall include the eligible company’s estimates of the availability of Kentucky laborers of sufficient skill, training, and expertise to perform the work the company requires, during both the construction and operational phases of the project; and
        5. An analysis of any other factor the authority and the eligible company may agree upon.
      2. The plan may include any other items the authority and the eligible company may agree upon.
        1. The plan may include an expression of hiring targets and preferences for Kentucky residents in a format and with the detail that the authority and eligible company may agree upon. 3. a. The plan may include an expression of hiring targets and preferences for Kentucky residents in a format and with the detail that the authority and eligible company may agree upon.
        2. The benchmark hiring target for the construction phase shall be to hire one hundred percent (100%) of contractors from contractors with facilities in Kentucky, and the benchmark hiring target for the operations phase shall be the employment of workers, of whom at least seventy-five percent (75%) are Kentucky residents.
        3. Notwithstanding the benchmark targets established by subdivision b. of this subparagraph, the authority and eligible company may agree upon specific hiring targets after consideration of the analyses required by subparagraph 1. of this paragraph.
        4. The plan may set forth preferences for use of materials manufactured in Kentucky, so long as they are competitively priced.
        5. In no event shall hiring benchmarks, hiring targets, or any preferences take precedence over the results of a competitive bidding process.
    2. The authority shall not approve the application required by subsection (5) of this section until the eligible company has submitted the plan required by this subsection, and the plan has been evaluated and approved by the authority.
    3. An approved company shall report annually to the authority concerning its compliance with the terms of its plan.
    4. The authority shall review the annual reports filed by an approved company in relation to an approved company’s approved plan to determine compliance with the plan. If the authority determines that the approved company has substantially failed to comply with the terms of its plan, the authority may take reasonably necessary measures to ensure compliance with the plan, including but not limited to the withholding of the incentives authorized by this section. If the authority has determined that the approved company has substantially failed to comply with the terms of its plan, it shall provide the eligible company with written notice of this determination, and the eligible company shall be provided a reasonable opportunity to cure any deficiencies prior to the withholding of any incentives.
    1. The initial term of an agreement entered into under this section shall be ten (10) years. During each year of the agreement term, the approved company shall be eligible to recover one-tenth (1/10) of the total incentives approved by the authority. (7) (a) The initial term of an agreement entered into under this section shall be ten (10) years. During each year of the agreement term, the approved company shall be eligible to recover one-tenth (1/10) of the total incentives approved by the authority.
    2. If, at the end of the original ten (10) year term of the legacy expansion project agreement, the approved company has not claimed all of the approved incentives available under the legacy expansion project agreement, the authority shall extend the term of the agreement by one (1) year for each year during the original ten (10) year term of the agreement that the approved company met or exceeded the requirements established by subsection (3)(c) of this section. The term of the legacy expansion project agreement, including all extensions, shall not exceed twenty (20) years, and the amount of recovery during each year that the agreement is extended shall be determined on a pro rata basis, based upon the total number of years for which the agreement is extended.
  6. The Kentucky General Assembly recognizes that the benefits accruing to the Commonwealth from a legacy expansion project include benefits beyond those that would typically be considered in making the determination required by KRS 148.855(4)(c). Therefore, the analysis of positive fiscal impact required by KRS 148.855(4)(c) and (5) shall include an accounting of the following social benefits:
    1. The positive impact that the legacy expansion project will have on the existing tourism attraction project;
    2. The positive impact the legacy expansion project will have on other tourism attractions that will receive increased visitation due to the existence of the legacy expansion project; and
    3. The positive impacts that will accrue to the economy of the Commonwealth from the national and international exposure the legacy expansion project is expected to provide.

History. Enact. Acts 2009 (1st Ex. Sess.), ch. 1, § 55, effective June 26, 2009.

148.855. Evaluation standards — Tourism attraction project applications — Consulting services — Optional interagency review — Cabinet recommendations.

  1. The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish standards for the making of applications for incentives and the recommendation of eligible companies and their tourism development projects to the authority.
  2. The cabinet shall consult with the authority when establishing standards to ensure that standards established pursuant to subsection (1) of this section and KRS 148.857(1) do not conflict.
    1. The application for incentives shall be filed with the cabinet and shall include: (3) (a) The application for incentives shall be filed with the cabinet and shall include:
      1. The name of the applicant;
      2. Marketing plans for the tourism development project that target individuals who are not residents of the Commonwealth;
      3. A description and location of the tourism development project;
      4. Capital and other anticipated expenditures for the tourism development project that indicate that the total cost of the project shall exceed the minimum required costs as provided in KRS 148.853 , and the anticipated sources of funding therefor;
      5. The anticipated employment and wages to be paid at the tourism development project;
      6. Business plans which indicate the average number of days in a year in which the tourism development project will be in operation and open to the public;
      7. The anticipated revenues and expenses generated by the tourism development project;
      8. If the tourism development project is an entertainment destination center project, the application shall include the public infrastructure purpose; and
      9. Any other information as required by the cabinet.
    2. Based upon a review of these materials, if the cabinet determines that the eligible company and the proposed tourism development project appears to meet the requirements established by KRS 148.853 , and that the proposed tourism development project may reasonably satisfy the criteria for final approval in subsection (4) of this section, the secretary of the cabinet may submit a written request to the authority for a preliminary approval of the eligible company and the tourism development project.
  3. The authority may review the request submitted by the secretary, including all relevant materials, and may, based upon that review, grant preliminary approval to an eligible company. Upon a preliminary approval by the authority, the cabinet shall engage the services of a competent consulting firm to analyze the data made available by the eligible company and to collect and analyze additional information necessary to determine that, in the independent judgment of the consultant, the proposed tourism development project:
    1. Will attract, in all years following the third year of operation, at least twenty-five percent (25%) of its visitors from among persons who are not residents of the Commonwealth, except for a theme restaurant destination attraction project, which shall attract, in all years following the third year of operation, a minimum of fifty percent (50%) of its visitors from among persons who are not residents of the Commonwealth;
    2. Will have costs in excess of the minimum amount required by KRS 148.853 ;
      1. Will have a net positive fiscal impact on the Commonwealth considering, among other factors, the extent to which the proposed tourism development project will compete directly with existing tourism attractions or previously approved tourism development projects in the Commonwealth and the amount by which increased tax revenues from the tourism development project will exceed the incentives given to the approved company at the maximum level of recovery of approved costs as provided in KRS 148.853 ; or (c) 1. Will have a net positive fiscal impact on the Commonwealth considering, among other factors, the extent to which the proposed tourism development project will compete directly with existing tourism attractions or previously approved tourism development projects in the Commonwealth and the amount by which increased tax revenues from the tourism development project will exceed the incentives given to the approved company at the maximum level of recovery of approved costs as provided in KRS 148.853; or
      2. If the independent consultant determines that the proposed tourism development project cannot produce a net positive fiscal impact to the Commonwealth at the maximum level of recovery of approved costs as provided in KRS 148.853, the independent consultant shall determine the level of recovery, if any, at which the proposed tourism development project can meet those standards;
    3. Will produce sufficient revenues and public demand to be operating and open to the public for a minimum of one hundred (100) days per year, except for a theme restaurant destination attraction, which shall be operating and open to the public for a minimum of three hundred (300) days per year;
    4. Will not adversely affect existing employment in the Commonwealth; and
    5. Meets all other requirements of KRS 148.851 and 148.853.
  4. The independent consultant, in determining the amount of net positive fiscal impact to the Commonwealth for a new proposed tourism development project that is an expansion of an existing tourism development project shall not consider positive fiscal impacts from the following sources:
    1. Increased operations at the previously approved tourism development project that is being expanded by the proposed tourism development project;
    2. Increased operations at any other tourism development project approved for incentives provided under KRS 148.853 ; or
    3. Increased operations at any project approved for tax increment financing that includes state revenues approved pursuant to Subchapter 30 of KRS Chapter 154.
    1. The independent consultant shall consult with the authority, the Office of the State Budget Director and the Finance and Administration Cabinet in the development of a report on the proposed tourism development project. (6) (a) The independent consultant shall consult with the authority, the Office of the State Budget Director and the Finance and Administration Cabinet in the development of a report on the proposed tourism development project.
    2. The Office of the State Budget Director and the Finance and Administration Cabinet shall agree as to the methodology to be used and assumptions to be made by the independent consultant in preparing its report.
    3. On the basis of the independent consultant’s report and prior to any final approval of a project by the authority, the Office of the State Budget Director and the Finance and Administration Cabinet shall certify to the authority whether there is a projected net positive fiscal impact to the Commonwealth and the expected amount of incremental state revenues from the tourism development project. A final approval shall not be granted if it is determined that there is no projected net positive fiscal impact to the Commonwealth.
  5. The eligible company shall pay for the cost of the consultant’s report and shall cooperate with the consultant and provide all of the data that the consultant deems necessary to make its determination under subsection (4) of this section.
  6. In lieu of the independent consultant analysis required in subsection (4) of this section, if the eligible company is exempt from income tax under Section 501(c)(3) of the Internal Revenue Code and the estimated approved costs are less than ten million dollars ($10,000,000), the cabinet shall have the option of performing an interagency review to analyze the data made available by the eligible company and to collect and analyze additional information necessary to determine that the proposed tourism development project meets the requirements set forth in subsection (4)(a) of this section. The cabinet shall comply with the same consulting and reporting requirements as an independent consultant.
  7. After a review of relevant materials, the consultant’s report, and completion of other inquiries, the secretary shall, by written notification to the authority, provide a recommendation to the authority regarding final approval of the tourism development project.

History. Repealed, reenact., and amend. Acts 2001, ch. 1, § 4, effective June 21, 2001; 2003, ch. 73, § 4, effective March 18, 2003; 2005, ch. 85, § 564, effective June 20, 2005; 2005, ch. 95, § 25, effective June 20, 2005; 2009, ch. 16, § 28, effective June 25, 2009; 2009 (1st Ex. Sess.), ch. 1, § 38, effective June 26, 2009.

Compiler’s Notes.

This section was formerly compiled as KRS 154.29-030 .

Section 501(c)(3) of the Internal Revenue Code referenced herein, is compiled as 26 USCS § 501(c)(3).

Legislative Research Commission Note.

(1/25/2009). This is former KRS 154.29-030 as amended by 2001 Ky. Acts ch. 1, sec. 4, and renumbered by the Reviser of Statutes under KRS 7.136(1).

148.857. Preliminary and final approval of companies and projects — Meetings of authority.

  1. The authority shall establish standards for preliminary approval and final approval of eligible companies and their projects by the promulgation of administrative regulations in accordance with KRS Chapter 13A.
  2. The authority shall consult with the secretary when establishing standards to ensure that standards established pursuant to KRS 148.855(1) and subsection (1) of this section do not conflict.
  3. After the authority’s preliminary approval, an agent designated by the cabinet shall hold at least one (1) public hearing to solicit public comments regarding the designation of an eligible company as a preliminarily approved company. Notice of the public hearing shall be given in accordance with KRS Chapter 424.
  4. The authority shall review the report of the consultant prepared pursuant to KRS 148.855(4), the recommendation of the secretary, the report prepared by the agent documenting all comments, both written and oral, received at the public hearing required by subsection (3) of this section, and other information that has been made available to the authority in order to assist the authority in determining whether the tourism development project will further the purposes of KRS 148.851 to 148.860 .
  5. The criteria for final approval of eligible companies and tourism development projects shall include but not be limited to the criteria set forth in KRS 148.855(4). Final approval shall not be granted if it is determined that there is no projected net positive fiscal impact to the Commonwealth.
  6. After a review of the consultant’s report, the recommendation of the secretary, and other information made available to the authority, the authority, by resolution, may grant to the eligible company the status of an approved company and authorize the execution of a tourism development project agreement as provided in KRS 148.859 . The decision reached by the authority shall be final and no appeal shall be granted.
  7. All meetings of the authority shall be held in accordance with KRS 61.805 to 61.850 . The authority may, pursuant to KRS 61.815 , hold closed sessions of its meetings to discuss matters exempt from the open meetings law and pertaining to an eligible company.

History. Repealed, reenact., and amend. Acts 2001, ch. 1, § 5, effective June 21, 2001; 2005, ch. 95, § 26, effective June 20, 2005; 2009, ch. 16, § 29, effective June 25, 2009; 2009 (1st Ex. Sess.), ch. 1, § 39, effective June 26, 2009.

Compiler’s Notes.

This section was formerly compiled as KRS 154.29-040 .

Legislative Research Commission Note.

(6/26/2009). 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 39, made changes to subsections (3) and (4) of this section. It is apparent from consultation with the drafter and from context that the second use of the word “company” should not have been deleted from subsection (4), now subsection (3) of that section. The Reviser of Statutes has restored this word under the authority of KRS 7.136 .

(1/25/2009). This is former KRS 154.29-040 as amended by 2001 Ky. Acts ch. 1, sec. 5, and renumbered by the Reviser of Statutes under KRS 7.136(1).

148.859. Agreement between authority and approved company.

  1. The authority, upon adoption of its final approval, may enter into a tourism development agreement with any approved company. The terms of the agreement shall be negotiated between the authority and the approved company and shall include but not be limited to:
    1. The amount of approved costs;
    2. That any increase in approved costs incurred by the approved company and agreed to by the authority shall apply retroactively for purposes of calculating the carry forward for unused incentives;
    3. A date certain by which the approved company shall have completed the tourism development project;
    4. That the authority may grant an extension or change, which in no event shall exceed three (3) years from the date of final approval, to the completion date as specified in the agreement of an approved company;
    5. That within three (3) months of the completion date, the approved company shall document the actual cost of the tourism development project through a certification of the costs to be provided by an independent certified public accountant acceptable to the authority;
    6. The term of the tourism development agreement and the maximum amount of recovery;
    7. That within forty-five (45) days after the end of each fiscal year of the approved company, during the term of the agreement, the approved company shall supply the authority with reports and certifications as the authority may request demonstrating to the satisfaction of the authority that the approved company is in compliance with the provisions of KRS 139.536 and KRS 148.851 to 148.860 ;
    8. That the approved company shall notify the authority if any change in ownership of the tourism attraction is contemplated. The authority shall reserve the option to renegotiate the terms of the agreement or, if the change in ownership is detrimental to the Commonwealth, the authority may terminate the agreement;
    9. That the approved company shall not receive a sales tax incentive as prescribed by KRS 139.536 with respect to any fiscal year if the requirements of KRS 148.853(2) have not been met;
    10. That the authority may grant an extension of up to three (3) years to the completion date in addition to the extension provided for in paragraph (d) of this subsection, to an approved company that has completed at least fifty percent (50%) of an entertainment destination center project;
    11. That in no event shall the completion date be more than six (6) years from the date of final approval; and
    12. That the extension provided for in paragraph (j) of this subsection shall be subject to the following conditions:
      1. The approved company shall have spent or have contractually obligated to spend an amount equal to or greater than the amount of approved costs set forth in the initial agreement;
      2. The term of the agreement shall not be extended, except as provided in KRS 148.853(3)(b)4.; and
      3. The scope of the entertainment destination center project, as set forth in the initial agreement, shall not be altered to include new or additional entertainment and leisure options.
  2. The agreement, including the incentives provided under KRS 148.853 , shall not be transferable or assignable by the approved company without the written consent of the authority and a passage of a resolution approving the proposed assignee of the incentives as an approved company.

History. Repealed, reenact., and amend. Acts 2001, ch. 1, § 6, effective June 21, 2001; 2003, ch. 73, § 5, effective March 18, 2003; 2005, ch. 85, § 565, effective June 20, 2005; 2005, ch. 173, Pt. XXIV, § 2, effective March 20, 2005; 2005, ch. 184, § 16, effective June 20, 2005; 2009 (1st Ex. Sess.), ch. 1, § 40, effective June 26, 2009.

Compiler’s Notes.

This section was formerly compiled as KRS 154.29-050 .

Legislative Research Commission Note.

(1/25/2009). This is former KRS 154.29-050 as amended by 2001 Ky. Acts ch. 1, sec. 6, and renumbered by the Reviser of Statutes under KRS 7.136(1).

148.8591. Annual report of tourism development project applications, approvals, and funding.

  1. By November 1 of each year, the authority shall prepare an annual report. The report shall be posted to the Tourism, Arts and Heritage Cabinet’s Web site.
  2. The report shall include information for all projects approved after June 26, 2009.
  3. The report shall include the following information:
    1. For each approved project:
      1. The name of the approved company and a brief description of the project;
      2. The amount of approved costs included in the agreement;
      3. The maximum amount of incentives the approved company may recover over the term of the agreement;
      4. The term of the agreement; and
      5. The total amount recovered under the agreement, reported for both the prior fiscal year and cumulatively;
    2. The number of applications for projects submitted during the prior fiscal year;
    3. The number of projects finally approved during the prior fiscal year; and
    4. The total dollar amount approved for recovery for all projects approved during the prior fiscal year, and cumulatively under the Tourism Development Act since its inception, by year of approval.
  4. The information required to be reported under this section shall not be considered confidential taxpayer information and shall not be subject to KRS Chapter 131 or any other provision of the Kentucky Revised Statutes prohibiting disclosure or reporting of information.

HISTORY: Enact. Acts 2009 (1st Ex. Sess.), ch. 1, § 41, effective June 26, 2009; 2014, ch. 134, § 3, effective July 15, 2014; 2018 ch. 199, § 7, effective July 14, 2018.

148.860. Short title for KRS 139.536 and KRS 148.851 to 148.860.

KRS 139.536 and KRS 148.851 to 148.860 shall be known as the Kentucky Tourism Development Act.

History. Repealed, reenact., and amend. Acts 2001, ch. 1, § 7, effective June 21, 2001.

Compiler’s Notes.

This section was formerly compiled as KRS 154.29-060 .

Legislative Research Commission Note.

(1/25/2009). This is former KRS 154.29-060 as amended by 2001 Ky. Acts ch. 1, sec. 7, and renumbered by the Reviser of Statutes under KRS 7.136(1).

Pine Mountain Trail

148.870. Legislative recognition and purpose.

  1. The General Assembly recognizes that the ridge top of Pine Mountain is a unique area desirable for the creation of a trail. Therefore, it is hereby declared that in order to afford the citizens of the Commonwealth an opportunity to enjoy this natural area, to attract out-of-state visitors, to ensure the well-being of our tourism industry, to preserve for future generations the beauty of certain areas untrammeled by man, to provide for the ever-increasing outdoor recreation needs of an expanding population, and to promote the preservation of, public access to, travel within, and enjoyment and appreciation of the outdoor areas and historic resources of the Commonwealth, there is hereby established a certain defined area in the southeastern part of the Commonwealth for ultimate designation as the Pine Mountain State Scenic Trail, with land in the defined area owned or leased by the Commonwealth or on which the Commonwealth has obtained an easement comprising the initial state park.
  2. It is the intent of KRS 148.870 to 148.892 to assure preservation of the scenic, ecological, and other values within the boundaries of the trail and to provide proper management of the recreational, wildlife, water, and other resources within those boundaries. It is further the intent of KRS 148.870 to 148.892 to impose reasonable policies governing the use of land within the authorized boundaries of the trail, except for the restrictions set forth in KRS 148.870 to 148.892, for the general welfare of the people of the Commonwealth and, where necessary, to enable the Commonwealth or any of its agencies to acquire fee title or lesser interests in land within the boundaries of the trail, in order to maintain the public trust in this unique area.
  3. The General Assembly recognizes the valuable contributions that volunteers and private, nonprofit groups have made to the development and maintenance of trails throughout the Commonwealth. In recognition of these contributions, it is further the purpose of KRS 148.870 to 148.892 to encourage and assist volunteer citizen and nonprofit group involvement in the planning, development, maintenance, and management, where appropriate, of the trail.
  4. The General Assembly recognizes that the establishment of Pine Mountain State Scenic Trail is not intended to create a one hundred twenty (120) mile linear barrier around southeastern Kentucky. The General Assembly further recognizes that to ensure the continued economic development of the area, provisions shall be made for means of ingress and egress for owners of property and those with property rights affected by the creation of the trail, and for new road construction, utility facilities, and pipelines that may cross the trail.

History. Enact. Acts 2002, ch. 118, § 1, effective July 15, 2002; 2010, ch. 87, § 1, effective July 15, 2010.

148.872. Definitions for KRS 148.870 to 148.892.

As used in KRS 148.870 to 148.892 , unless the context otherwise requires:

  1. “Department” means the Kentucky Department of Parks within the Tourism, Arts and Heritage Cabinet;
  2. “Person” means an individual, trust, firm, estate, joint stock company, corporation, nonprofit corporation, government corporation, limited liability company, partnership, association, organization, government unit or agency whether federal, state, city, commission, or other political subdivision of the Commonwealth, any interstate body, group of persons acting in concert, or other legal entity;
  3. “Secretary” means the secretary of the Tourism, Arts and Heritage Cabinet of the Commonwealth of Kentucky; and
  4. “Trail” means the Pine Mountain State Scenic Trail, as established in KRS 148.870 .

History. Enact. Acts 2002, ch. 118, § 2, effective July 15, 2002; 2005, ch. 95, § 27, effective June 20, 2005; 2009, ch. 16, § 30, effective June 25, 2009; 2010, ch. 87, § 2, effective July 15, 2010.

148.874. Pine Mountain State Scenic Trail — Boundaries — Connecting or side paths — Support facilities — Limit to nonmotorized uses — Cemeteries and burial grounds.

  1. There is hereby designated a linear state park, the boundaries of which shall be determined by the department in accordance with this section known as the Pine Mountain State Scenic Trail, a trail of approximately one hundred twenty (120) miles in length, located exclusively within the boundaries of Kentucky beginning along the border of Kentucky and Virginia at or near Breaks Interstate Park, and extending generally south-southwest along the crest of Pine Mountain to the vicinity of Pine Mountain State Resort Park and continuing south to the Cumberland Gap National Park on the vicinity thereof. Insofar as practicable, the boundaries of the trail from the Breaks Interstate Park to Bad Branch State Nature Preserve shall be a one thousand (1,000) foot corridor, the center of which shall be the crest of Pine Mountain, to the extent that the corridor does not encroach upon the territory of the Commonwealth of Virginia. Insofar as practicable, the boundaries of the trail from the Bad Branch State Nature Preserve to the Pine Mountain State Resort Park shall be a corridor one hundred (100) to two hundred fifty (250) feet along the level top of Pine Mountain. The route of the trail from Pine Mountain State Resort Park to Cumberland Gap National Park shall be a corridor no wider than two hundred fifty (250) feet to be determined by the department. Notwithstanding these boundary limitations, the department may through negotiations with the land owner acquire additional land outside the boundary limitations. The trail shall be depicted on the “Pine Mountain State Scenic Trail Map,” which shall be on file and available for public inspection in the office of the commissioner of the department. The trail map shall delineate those portions of the trail that are owned or leased by the Commonwealth or on which the Commonwealth has obtained an easement and shall be updated periodically solely for the purpose of reflecting additions to those specific areas.
  2. The department may designate connecting or side paths which shall provide additional points of public access to the trail or access to points of interest, and which shall be of the same scenic nature as the trail, except that connecting or side paths shall not be acquired through eminent domain.
  3. Because of its extended length, the department may supplement the trail by support facilities located on certain designated parts of the trail or outside the trail. These support facilities may include, as the department deems necessary and feasible, primitive shelters, fireplaces, safe water supplies, and other related public-use facilities that shall meet department standards. No open wood fires shall be permitted on the trail except in areas with support facilities specifically designated for that purpose.
  4. The trail shall be a state scenic trail, so chosen because of its unique location. It shall be limited to foot use and other nonmotorized uses as permitted on segments where deemed appropriate by the department, and as set forth in KRS 148.878 .
  5. The department shall, no later than June 30, 2003, determine the boundaries of the trail. In determining the boundaries of the trail the department shall not encroach upon any privately owned dwelling, or areas designated for residential structures and their surrounding properties, but shall route the trail around a privately owned dwelling or areas designated for a residential structure.
  6. The department shall not acquire through eminent domain any cemetery or its surrounding property which is designated as a cemetery or burial ground on July 15, 2002.

History. Enact. Acts 2002, ch. 118, § 3, effective July 15, 2002; 2010, ch. 87, § 3, effective July 15, 2010.

148.876. Acquisition of land.

  1. The power of eminent domain may only be exercised to acquire land in fee within the boundaries of the trail, except that the power of eminent domain shall not be exercised to acquire any privately owned dwelling, areas designated for residential structures and their surrounding properties, or property owned or leased, including adjacent or contiguous tracts of land leased or owned or which may be acquired, for the purposes of operating an oil or gas well, surface or underground coal mine operation, or surface or underground mineral quarrying operation, if the person holds a state permit or license issued by the Energy and Environment Cabinet, Division of Mine Permits or Division of Mine Safety.
  2. Within the boundaries of the trail, the department may acquire, on behalf of the Commonwealth, fee title or lesser interests in land. Acquisition of land may be by gift, by purchase with donated funds, by funds appropriated by the General Assembly, by the use of proceeds from the sale of bonds, by exchange, by assumption of property tax payments, or by other authorized means. Notwithstanding the provisions in KRS 350.085(3) and 353.610 , in acquiring any interests the Commonwealth or its agencies shall waive the three hundred (300) foot restriction contained in KRS 350.085(3) and boundary restrictions for a well set forth in KRS 353.610 .

History. Enact. Acts 2002, ch. 118, § 4, effective July 15, 2002; 2005, ch. 123, § 17, effective June 20, 2005; 2015 ch. 87, § 3, effective June 24, 2015; 2010, ch. 24, § 140, effective July 15, 2010.

148.878. Limitations on activities within boundaries of trail — Motorized vehicles — Permissible land uses — Ingress and egress — Roads — Rights of persons from whom property acquired — Permit for change of use.

  1. Within the boundaries of the trail, as designated by the department and once acquired:
    1. The natural vegetation shall be kept undisturbed except for any clearing required for construction of the trail, occasional vistas, or trail-use facilities described in KRS 148.870 to 148.892 , except as provided under paragraph (c) of subsection (3) of this section. Development and management of each segment of the trail shall be designed to harmonize with and complement any established multiple-use plans for that specific area in order to ensure continual maximum benefits from the land;
    2. Hunting of wild game shall be permitted only on or along areas as identified and permitted in administrative regulations as promulgated by the Department of Fish and Wildlife Resources after consultation with the Department of Parks, and as permitted under paragraph (c) of subsection (3) of this section; and
    3. The use of motorized vehicles by the general public within the boundaries of the trail shall be limited, and nothing in KRS 148.870 to 148.892 shall be construed as authorizing the use of motorized vehicles in this area, except upon existing or newly constructed public roadways within the boundaries of the trail and as provided under paragraph (c) of subsection (3) of this section.
  2. The department may promulgate administrative regulations authorizing the use of motorized vehicles on areas other than public roadways, when these vehicles are required to meet emergencies where life or health is at risk, or to enable adjacent landowners to have access to their lands or mineral rights, as provided under paragraphs (a) and (c) of subsection (3) of this section.
    1. Except as expressly authorized in KRS 148.870 to 148.892 or in the administrative regulations promulgated by the department, or as may be allowed under a change of use permit issued by the department, permissible land uses within the boundaries of the trail as designated by the department shall be as set forth in this section. Uses that lawfully existed on July 15, 2002, may continue. After the trail boundaries are designated, new or additional uses shall be in compliance with the policy and purposes of KRS 148.870 to 148.892 and shall minimize disturbance to the trail. Above-ground blasting operations authorized under the provisions of KRS 351.315 to 351.375 , except those operations conducted on sites utilizing no more than a total of ten thousand (10,000) pounds of explosives or the equivalent on the site, shall be prohibited for new or additional uses within an area of one thousand two hundred fifty (1,250) feet outward from the crest of Pine Mountain on the portion of the trail from Breaks Interstate Park to Bad Branch State Nature Preserve and within an area of five hundred (500) feet outward from the boundary of the trail on the portion of the trail from Bad Branch State Nature Preserve to Pine Mountain State Resort Park. Select cutting of timber or other resources removal may be allowed pursuant to KRS 148.870 to 148.892 and administrative regulations promulgated by the department upon the issuance of a change of use permit. Unless the property is purchased by the department, any net revenue from the cutting of timber or other resources removal shall inure to the benefit of the owner of the property or property rights from which the Commonwealth acquired the property. In promulgating administrative regulations related to KRS 148.870 to 148.892 and in developing the management plan as set forth in KRS 148.882 , the department shall schedule public hearings in the county in which the trail lies that is affected by the administrative regulations and management plan. (3) (a) Except as expressly authorized in KRS 148.870 to 148.892 or in the administrative regulations promulgated by the department, or as may be allowed under a change of use permit issued by the department, permissible land uses within the boundaries of the trail as designated by the department shall be as set forth in this section. Uses that lawfully existed on July 15, 2002, may continue. After the trail boundaries are designated, new or additional uses shall be in compliance with the policy and purposes of KRS 148.870 to 148.892 and shall minimize disturbance to the trail. Above-ground blasting operations authorized under the provisions of KRS 351.315 to 351.375 , except those operations conducted on sites utilizing no more than a total of ten thousand (10,000) pounds of explosives or the equivalent on the site, shall be prohibited for new or additional uses within an area of one thousand two hundred fifty (1,250) feet outward from the crest of Pine Mountain on the portion of the trail from Breaks Interstate Park to Bad Branch State Nature Preserve and within an area of five hundred (500) feet outward from the boundary of the trail on the portion of the trail from Bad Branch State Nature Preserve to Pine Mountain State Resort Park. Select cutting of timber or other resources removal may be allowed pursuant to KRS 148.870 to 148.892 and administrative regulations promulgated by the department upon the issuance of a change of use permit. Unless the property is purchased by the department, any net revenue from the cutting of timber or other resources removal shall inure to the benefit of the owner of the property or property rights from which the Commonwealth acquired the property. In promulgating administrative regulations related to KRS 148.870 to 148.892 and in developing the management plan as set forth in KRS 148.882 , the department shall schedule public hearings in the county in which the trail lies that is affected by the administrative regulations and management plan.
    2. In the development of management plans as set forth in KRS 148.882, the department shall include provisions to allow for means of ingress and egress as provided in paragraph (c) of this subsection by owners of property rights affected by the creation of the trail, and for the construction of new roads, utility facilities, and pipelines that would encroach upon the trail. The department shall promulgate administrative regulations setting forth the procedures required to establish means of ingress and egress relating to obtaining rights-of-way, easements, and permits necessary for the construction of new roads, utility facilities, and pipelines that encroach upon the trail.
    3. When the Commonwealth acquires land for the trail authorized by KRS 148.870, regardless of whether the trail property is acquired by purchase, eminent domain, donation, or otherwise restricted, the person from whom the property is acquired or restricted or their successor in title shall have the following rights with regard to the property which has been acquired or restricted by the Commonwealth:
      1. Ingress, egress, and access to trail property for purposes specified in this section or any other provision of law;
      2. An easement to use trail property for the purpose of access to adjacent land of the same property owner or their successor, including but not limited to motorized travel;
      3. To hunt, fish, or trap on that portion of trail property formerly owned, in accordance with applicable law and administrative regulations;
      4. To gather and remove edible, medicinal, or ornamental plants and herbs from that portion of the trail property formerly owned, in accordance with applicable law and administrative regulations; and
      5. To access and maintain a cemetery and burial grounds on that portion of trail property formerly owned.
    4. The rights specified in this section or other provisions of law or administrative regulation shall be included in any judgment when property or an interest therein is taken or restricted by eminent domain and shall be included in any contract for purchase, donation, or other acquisition of the property or an interest therein unless voluntarily waived in that document.
  3. Any person owning property or property rights within the boundaries of the trail may apply to the department for a change of use permit. The secretary or the secretary’s designee shall hold a public hearing after public notice on the application within sixty (60) days. Any person shall be allowed to present evidence as to whether the use proposed by the applicant is in accordance with the management plan developed pursuant to the provisions of KRS 148.870 to 148.892 , the administrative regulations promulgated pursuant to KRS 148.870 to 148.892 , and other applicable law.
  4. The secretary shall, within sixty (60) days after a hearing, issue an order and accompanying opinion granting the permit, denying the permit, or recommending an alternative use to which the land may be put that is more consistent with the provisions of KRS 148.870 to 148.892 than the use for which the application was made. Any aggrieved party to the hearing shall have the right to petition the local Circuit Court in which the property lies within thirty (30) days after issuance of the secretary’s order.

History. Enact. Acts 2002, ch. 118, § 5, effective July 15, 2002.

148.880. Pine Mountain State Scenic Trail fund.

A fund for the purpose of carrying out the provisions of KRS 148.870 to 148.892 is hereby created, to be designated as the Pine Mountain State Scenic Trail fund, and shall consist of all revenues derived from privileges, concessions, contracts, or otherwise, and all moneys received by gifts, contributions, donations, and grants from public or private sources. This shall be a trust and agency fund account maintained and disbursed by the Tourism, Arts and Heritage Cabinet to carry out the purposes of KRS 148.870 to 148.892 , after appropriations are made for administration and other expenses and purposes provided in KRS 148.870 to 148.892. It shall not lapse, and interest earnings shall accrue to the fund.

History. Enact. Acts 2002, ch. 118, § 6, effective July 15, 2002; 2005, ch. 95, § 28, effective June 20, 2005; 2009, ch. 16, § 31, effective June 25, 2009; 2010, ch. 87, § 4, effective July 15, 2010.

148.882. Duties of Department of Parks — Management plan — Administrative regulations — Trail maintenance.

  1. The trail shall be administered by the department according to the policies and criteria set forth in KRS 148.870 to 148.892 . Within six (6) months of the designation of the trail boundary, the department shall consider the needs of local area citizens and develop a management plan for the trail and shall publicize and hold public hearings and record the views expressed on the management plan in the county in which the trail lies that is affected by the management plan. Within twelve (12) months of development of the management plan, the department shall promulgate administrative regulations that are necessary for the preservation and enhancement of the trail and to carry out the purposes of KRS 148.870 to 148.892 , and for control of recreational, educational, scientific, and other uses of these areas in a manner that shall not impair them.
  2. The department shall be responsible for maintaining the trail, building bridges, campsites, shelters, and related public-use facilities where required, to the extent funds are available therefor. The department may enter into written agreements as it relates to any of these functions to one (1) or more nonprofit entities or other persons.

History. Enact. Acts 2002, ch. 118, § 7, effective July 15, 2002.

148.884. Construction of KRS 148.870 to 148.892 relating to use of private land.

Nothing in KRS 148.870 to 148.892 shall be construed to confer upon any member of the public the right to use or enter upon private lands adjacent to the boundaries of the trail, or to confer on any member of the public the right to enter upon or use any private lands designated as part of the trail until such time as the department has delineated that area as being subject to an easement, purchase, or lease by the Commonwealth under KRS 148.874(1).

History. Enact. Acts 2002, ch. 118, § 8, effective July 15, 2002.

148.886. Legal actions.

It shall be the duty of the department or, upon the secretary’s request, the duty of the Attorney General to bring an action for the recovery of the penalties provided for in KRS 148.888 , or to bring an action for a restraining order or temporary or permanent injunction to prevent or correct a condition that constitutes or threatens to constitute a violation of any of the provisions of KRS 148.870 to 148.892 . All actions for injunctive relief shall be brought in the name of the Commonwealth of Kentucky and shall be filed in the local Circuit Court in which the property lies.

History. Enact. Acts 2002, ch. 118, § 9, effective July 15, 2002.

148.888. Penalties.

  1. Any person, corporation, city, county, or other governmental subdivision who violates any of the provisions of KRS 148.870 to 148.892 shall be liable for a civil penalty not to exceed five hundred dollars ($500) per day for any violation, and in addition may be enjoined from continuing the violation. Each day upon which any violation occurs or continues shall constitute a separate offense.
  2. No person shall trespass on private land adjacent to or within the boundaries of the trail. Any person who:
    1. Unintentionally violates the provisions of this section shall be subject to a prepayable fine of one hundred dollars ($100);
    2. Intentionally violates the provisions of this section shall be subject to a prepayable fine of two hundred dollars ($200); and
    3. Continues to trespass or intentionally violates the provisions of this section and causes damage to the private property may be prosecuted under the provisions of KRS Chapter 512.

History. Enact. Acts 2002, ch. 118, § 10, effective July 15, 2002.

148.890. Use of lands adjacent to or visible from trail — Legislative findings.

  1. Subject to the provisions of KRS 148.878(3)(a), nothing in KRS 148.870 to 148.892 shall be construed or interpreted as affecting, in any way, the legitimate use of surface and subsurface property adjacent to or visible from the trail, whether such use was in effect upon the designation of the trail or not, including but not limited to timbering, oil and gas operations, mining, both by surface and underground mining means, or any other legitimate use of surface or mineral property adjacent to or within view of the trail.
  2. Use of the lands outside of the boundary of the trail shall not be limited or restricted because the lands may be viewed from the trail. The viewshed of the trail shall be limited to the trail boundary for any land use regulation of lands outside the boundary of the trail.
  3. The General Assembly finds that the boundaries for the trail prescribed in KRS 148.870 to 148.892 are adequate and sufficient to protect areas inside the trail that may contain fragile or historic lands; or which may have important historic, cultural, scientific, aesthetic values and natural systems; or that may be renewable resource lands which have importance in terms of long-range productivity of water supply, food, or fiber products; or which could be considered natural hazard lands, including lands subject to frequent flooding, areas of unstable geology, or areas in which the health, safety, or welfare of people, property, or the environment is threatened due to surface coal mining or similar activities conducted outside of the trail boundaries.

History. Enact. Acts 2002, ch. 118, § 11, effective July 15, 2002.

148.892. Short title for KRS 148.870 to 148.892.

KRS 148.870 to 148.892 may be cited as the Pine Mountain State Scenic Trail Act.

History. Enact. Acts 2002, ch. 118, § 12, effective July 15, 2002; 2010, ch. 87, § 5, effective July 15, 2010.

Penalties

148.990. Penalty. [Repealed.]

Compiler’s Notes.

This section (3766d-4: amend. Acts 1948, ch. 205, § 2) was repealed by Acts 1964, ch. 157, § 18.

148.991. Penalties.

  1. Any person who violates subsection (2) of KRS 148.051 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100), or imprisoned in jail for not less than one (1) day nor more than ten (10) days or both.
  2. Any person who violates KRS 148.029 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100).
  3. Whoever violates, fails, neglects or refuses to obey any provision of KRS 148.610 to 148.780 , or regulation, or order of the commissioner may be compelled to comply with or obey the same by injunction, mandamus, or other appropriate remedy; and provided, further, that whoever violates, fails, neglects, or refuses to obey any provision of KRS 148.610 to 148.780 , or regulation, or order of the commissioner shall be punished by a fine of not more than fifty dollars ($50) for each day of such violation.
  4. Any person who violates any provision of KRS 148.290 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100).
  5. Any person who violates KRS 148.290(3), (4), or (5) governing golf cart-type vehicles, all-terrain vehicles, and horse trailers, including administrative regulations promulgated pursuant to that statute, forfeits the rights and privileges, as granted by the commission, of using the vehicle or trailer on State Horse Park property. The executive director of the State Horse Park shall ensure that vehicles or trailers in violation are impounded to the nearest licensed tow company. The owner or operator of such a vehicle or trailer shall pay any and all expenses related to the vehicle’s or trailer’s towing and impoundment.

History. Enact. Acts 1964, ch. 157, § 19; 1972, ch. 189, § 2(6); 1974, ch. 288, § 20; 1979 (Ex. Sess.), ch. 6, § 8, effective July 1, 1979; 2008, ch. 22, § 2, effective July 15, 2008.

CHAPTER 149 Forestry

149.005. Kentucky Forest Resource Council. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 138, § 1, effective July 15, 1996) was repealed by Acts 2001, ch. 18, § 1, effective June 21, 2001.

149.010. Division of Forestry created — Powers — Rules and regulations.

  1. There is hereby created and there shall be maintained within the Department for Natural Resources in the Energy and Environment Cabinet a Division of Forestry to supervise all forestry property and advance forest interests of the state through development of such property and interests. It shall initiate such projects as will promote public appreciation of forest protection and of reforestation; encourage tree planting in general and on the public highways in particular; grow, collect and distribute seedlings; form and foster junior forestry clubs; cooperate with local civic organizations in the care of trees and planting of more trees; provide for organized forest fire protection; cooperate with the federal government, state departments and landowners in the perpetuation of forests, the promotion of tree growth and the redemption of wasteland for agricultural purposes; and encourage an interest in forestry by correspondence, press, pamphlets, reports, moving pictures and organizations.
  2. The director of the Division of Forestry with the approval of the secretary for energy and environment shall adopt and enforce such rules and regulations as may be necessary to carry out the functions assigned the cabinet by law.

History. 2007h-2: amend. Acts 1966, ch. 23, § 40; 1974, ch. 74, Art. III, § 13(3); 1982, ch. 142, § 17, effective July 15, 1982; 2010, ch. 24, § 141, effective July 15, 2010.

Research References and Practice Aids

Cross-References.

Acquisition and development of public projects by governmental units and agencies through revenue bonds, KRS ch. 58.

Fire prevention and protection, KRS ch. 227.

Fish and wildlife resources, KRS ch. 150.

Legal notices, KRS ch. 424.

Natural Resources and Environmental Protection Cabinet, KRS ch. 146.

Quicksand substation to make forestry experiments, KRS 247.040 .

Parks, Department of, KRS ch. 148.

Sanitation districts, KRS ch. 220.

Soil and water conservation, KRS ch. 262.

149.015. Cabinet’s duties concerning blight-resistant chestnut tree seedlings.

There shall be established and maintained within the nursery or nurseries of the Energy and Environment Cabinet a section or sections for the propagation of blight-resistant chestnut tree seedlings. Such seedlings shall be distributed to landowners and citizens of the Commonwealth at reasonable cost and under and subject to such rules and regulations as may be established by the secretary for energy and environment.

History. Enact. Acts 1956, ch. 122, § 1, effective May 18, 1956; 1974, ch. 74, Art. III, § 13(3); 1982, ch. 142, § 1, effective July 15, 1982; 2010, ch. 24, § 142, effective July 15, 2010.

Legislative Research Commission Note.

(7/15/2010). A reference to the “secretary for environmental and public protection” in this section, as amended by 2010 Ky. Acts ch. 24, sec. 142, has been changed in codification to the “secretary for energy and environment” to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

149.020. Cabinet may acquire and dispose of land.

  1. The Energy and Environment Cabinet may receive by donation, purchase, or lease lands for forestry purposes, and may convey, exchange, or lease said lands and may sell timber or other forest products thereon. In exercising this function the cabinet shall be exempted from any provision of KRS 45.301 or 45A.045 , except with respect to the purchase, conveyance, exchange, or inventory of lands.
  2. No land shall be purchased, leased, or received as a donation unless the title thereto is merchantable and has been approved by the Attorney General.

History. 2007i-17, 2007-18: amend. Acts 1948, ch. 201, § 1; 1966, ch. 255, § 142; 1974, ch. 74, Art. III, § 13(3); 1982, ch. 226, § 3, effective July 15, 1982; 1982, ch. 450, § 68, effective July 1, 1983; 1990, ch. 496, § 41, effective July 13, 1990; 2010, ch. 24, § 143, effective July 15, 2010.

Legislative Research Commission Note.

Pursuant to 1982 Acts Chapter 450, § 68, effective July 1, 1983, the reference to KRS 42.030 in subsection (1) of this section is deleted and KRS 45.301 inserted in lieu thereof.

Research References and Practice Aids

Cross-References.

Commonwealth to be named grantee, KRS 56.030 .

Lease or conveyance of real estate is subject to approval of State Property and Buildings Commission, KRS 56.460 , 56.500 .

State Property and Buildings Commission has exclusive power to acquire real estate for state purposes, KRS 56.460 , 56.500 .

Title examination and certification by Finance and Administration Cabinet or Transportation Cabinet, KRS 56.040 .

149.030. Cabinet may establish reserves and lease land.

The Energy and Environment Cabinet may establish forest reserves in places where the land is suitable for the growth of timber and for the propagation of wild animal life. It may lease lands suitable for the purpose of growing timber and adapted to the propagation of game and wild animals. Such leases shall be for a term of not less than twenty (20) nor more than one hundred (100) years, and the rental shall not exceed the amount of state, county and school taxes on the property. The rentals shall be paid not later than December 31 in each year, out of funds accruing to the Energy and Environment Cabinet. All taxes shall be paid by the owners of the property prior to or at the time the rentals are paid by the Energy and Environment Cabinet.

History. 2007-18: amend. Acts 1974, ch. 74, Art. III, § 13(3); 2010, ch. 24, § 144, effective July 15, 2010.

Research References and Practice Aids

Cross-References.

State Property and Buildings Commission to control acquisition or leasing or real estate, KRS 56.460 , 56.500 .

Titles to be approved by Attorney General, KRS 56.040 .

149.040. Control over property — No adverse possession — Cooperation with governmental agencies.

  1. The Energy and Environment Cabinet has complete control over all property acquired or leased by it. It may post all forest reserves and may eject all trespassers from property under its control.
  2. No person shall injure any property under its control, or interfere in any manner with the management and supervision of the property.
  3. No person shall acquire title by adverse possession to any property under control of the cabinet.
  4. The cabinet may cooperate with any department of the state or the federal government, for the purpose of protecting and propagating fish and game.

History. 2007i-17, 2007i-23, 2007i-24, 2007i-26: amend. Acts 1974, ch. 74, Art. III, § 13(3); 2010, ch. 24, § 145, effective July 15, 2010.

Research References and Practice Aids

Treatises

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context for Adverse Possession, § 303.00.

149.050. Leasing and subleasing of lands by cabinet.

  1. The cabinet may lease or rent portions of lands acquired by it to responsible persons, for cultivation and grazing, but in no event shall it lease or rent lands the use of which would be detrimental to the growth of timber or destructive of game or wild animal life. Proceeds resulting from the leasing of such lands shall be deposited into the State Treasury.
  2. The cabinet may, with the consent of the owner of lands leased to it, sublease or rent any of the leased lands in a manner that will not interfere with the growth of timber or the propagation of game and wild animal life. If the lands are subleased or rented under these conditions, the cabinet and the owner shall divide the proceeds arising from the use of the lands, on a fifty-fifty basis, the cabinet’s one-half (1/2) shall be deposited into the State Treasury.
  3. In exercising the functions of this section the cabinet shall be exempted from any provision of KRS 45.301 or 45A.045 .

History. 2007i-21, 2007i-22: amend. Acts 1948, ch. 201, § 2; 1968, ch. 152, § 112; 1974, ch. 74, Art. III, § 13(3); 1982, ch. 142, § 2, effective July 15, 1982; 1982, ch. 450, § 69, effective July 1, 1983; 1990, ch. 496, § 42, effective July 13, 1990.

Legislative Research Commission Note.

Pursuant to 1982 Acts Chapter 450, § 69, effective July 1, 1983, the reference to KRS 42.030 in subsection (3) of this section is deleted and KRS 45.301 inserted in lieu thereof.

Research References and Practice Aids

Cross-References.

Leases are subject to approval of State Property and Buildings Commission, KRS 56.460 , 56.500 .

149.060. Sale of timber from leased lands.

If merchantable timber is taken from land leased to the Energy and Environment Cabinet, one-half (1/2) of the stumpage value of the timber shall be paid into the State Treasury and the other half (1/2) shall be paid to the lessor or his assigns. The sale of timber grown upon leased lands shall be made only by consent of all parties interested in the land or by court order. If all interested parties do not agree to sell the timber, the cabinet may, by a suit in equity, to which all persons interested shall be made parties, obtain an order directing the cabinet to sell merchantable timber on any leased lands.

History. 2007i-19: amend. Acts 1974, ch. 74, Art. III, § 13(3); 2010, ch. 24, § 146, effective July 15, 2010.

149.070. Counsel for cabinet.

When any action is instituted on behalf of the Energy and Environment Cabinet, the county and Commonwealth’s attorney shall represent it in the county in which the action is brought. The Attorney General shall have supervisory authority over all actions instituted for or against the cabinet.

History. 2007i-25: amend. Acts 1974, ch. 74, Art. III, § 13(3); 2010, ch. 24, § 147, effective July 15, 2010.

Research References and Practice Aids

Cross-References.

Attorney General, duties as to state litigation, KRS 15.020 .

State agencies may employ attorneys, KRS 12.210 .

149.080. Forest wardens — Duties — Appointment — Deputies.

Forest wardens employed by the Energy and Environment Cabinet, shall assist in preventing, controlling and extinguishing forest fires, under direction of the cabinet. A forest warden must be a full-time employee of the Energy and Environment Cabinet who has been appointed by the secretary. A deputy forest warden can be a full-time or part-time employee of the cabinet or a non-employee who has been appointed by the secretary to have the same rights and privileges of a forest warden except the issuing of citations or arrests for violations of this chapter or collection of suppression costs.

History. 2007j-1: amend. Acts 1970, ch. 92, § 26; 1974, ch. 74, Art. III, § 13(3); 1982, ch. 142, § 3, effective July 15, 1982; 2010, ch. 24, § 148, effective July 15, 2010.

Research References and Practice Aids

Cross-References.

Employees of administrative departments, KRS 12.060 .

Employment of wardens by Department of Fish and Wildlife Resources and Division of Forestry, KRS 149.010 .

149.083. Interference with forestry officer or employee.

No person shall resist, obstruct, interfere with or threaten, or attempt to intimidate, or in any other manner interfere with any officer or employee of the Energy and Environment Cabinet in the discharge of his duties under the provisions of KRS Chapter 149.

History. Enact. Acts 1966, ch. 23, § 51(1); 1974, ch. 74, Art. III, § 13(3); 2010, ch. 24, § 149, effective July 15, 2010.

149.087. Auto insurance for forestry employees.

  1. The Energy and Environment Cabinet may secure such automobile liability insurance as will reasonably protect the interest of employees of the cabinet, particularly those employees driving trucks or heavy equipment in the conduct of official business.
  2. Policies authorized by this section shall be purchased only in accordance with regulations prescribed by the commissioner of insurance and the secretary of the Finance and Administration Cabinet.

History. Enact. Acts 1966, ch. 23, § 54; 1974, ch. 74, Art. III, § 13(3); 2010, ch. 24, § 150, effective July 15, 2010.

149.090. Arrests — No trespass actions — Summoning help and equipment.

  1. A forest warden, for violation of laws for the protection of the forest of the state, has the following arrest powers:
    1. With a warrant;
    2. Without a warrant any person he observes committing a misdemeanor or a felony; and
    3. Without a warrant when he has reasonable grounds to believe that the person being arrested has committed a felony. No action for trespass shall lie against any forest warden, or person summoned by him, for crossing or working upon lands of another in connection with his duties as forest warden.
  2. A forest warden may summon any resident of the state over eighteen (18) years of age who is physically able to assist in extinguishing forest fires. Inability or failure to pay such persons does not bar the authority of the warden to summon them.
  3. A forest warden may require the use of horses, automobiles, tools and other equipment needed in extinguishing fires. Owners of said required equipment and materials shall receive reasonable compensation therefor, as determined by the forest warden. In case of disagreement upon the terms of compensation, the dispute shall be referred to the secretary for energy and environment, who shall make the final decision.

History. 2007j-2, 2007j-4: amend. Acts 1974, ch. 74, Art. III, § 13(3); 1982, ch. 142, § 4, effective July 15, 1982; 2010, ch. 24, § 151, effective July 15, 2010.

Opinions of Attorney General.

A forest warden may arrest without warrant any person whom he observes committing in his presence a violation of any law enacted for the protection of forests of this state. OAG 63-323 .

Within the state forests a forest warden is authorized to exercise powers of a peace officer so far as concerns any violation of laws enacted for the protection of the forests. OAG 63-323 .

This section states in effect that forest wardens and their assistants are not trespassers when they are carrying out their statutory duties but the immunity granted does not extend to the negligent conduct of such persons while performing their duty which causes damage to the personal and real property of another. OAG 68-570 .

A forest warden may act as a peace officer for the protection of the forests of the state by enforcing KRS 433.753 and 433.757 , but he may not act as a peace officer in enforcing these laws if the littering is not directly related to the protection of the forests of the state. OAG 70-550 .

A forest warden’s power of arrest includes only arrests for violations which can reasonably be expected to injure the forests. OAG 70-550 .

Since a forest warden is authorized by statute to exercise the powers of a peace officer and since KRS 61.300(1) provides that no one shall serve as a non-elective peace officer unless he is 21 years of age or over, the minimum age requirement for a state forest warden is 21 years of age. OAG 73-142 .

149.093. Citation or ticket given violators in lieu of arrest.

If the violation of any section of this chapter is a misdemeanor and is committed in the presence of a forest warden or other law enforcement officer, and there are reasonable grounds to believe that the person being cited will appear to answer the charge, the warden or officer may, in lieu of a physical arrest directed by KRS 149.090 , issue a citation as authorized by KRS 431.015 , 431.450 , 431.452 , and 431.455 . The warden or officer may issue a warning without a penalty in lieu of a citation if the suspected offense is one cited in KRS 149.370 , 149.375 , 149.385 , 149.390 , 149.395 , 149.400 , 149.401 , or 149.405 .

History. Enact. Acts 1966, ch. 23, § 53; 1974, ch. 74, Art. III, § 13(3); 1990, ch. 207, § 1, effective July 13, 1990; 1998, ch. 169, § 4, effective July 15, 1998; 2000, ch. 512, § 13, effective July 14, 2000.

149.097. Rewards for apprehension of persons setting fires.

The secretary for energy and environment may offer rewards out of moneys, appropriated to the Energy and Environment Cabinet, for information leading to the apprehension and conviction of persons violating the laws relating to the setting of fires and forest fire control.

History. Enact. Acts 1966, ch. 23, § 52; 1974, ch. 74, Art. III, § 13(3); 1982, ch. 393, § 50(3); 2010, ch. 24, § 152, effective July 15, 2010.

149.100. Construction of KRS 149.110 and 149.120. [Repealed.]

Compiler’s Notes.

This section (2007j-4a-4, 2007j-4a-5: amend. Acts 1946, ch. 205, § 1) was repealed by Acts 1958, ch. 139, § 11.

149.110. Owner to provide forest fire patrol, or pay cost of; effect of residence on land. [Repealed.]

Compiler’s Notes.

This section (2007j-4a-2, 2007j-4a-3: amend. Acts 1946, ch. 205, § 2; 1948, ch. 202, § 2) was repealed by Acts 1958, ch. 139, § 11.

149.120. Patrol by state; liability of owner. [Repealed.]

Compiler’s Notes.

This section (2007j-4a-1: amend. Acts 1946, ch. 205, § 3; 1948, ch. 202, § 3) was repealed by Acts 1958, ch. 139, § 11.

149.130. Federal forest reserve appropriations for county roads and schools.

  1. All moneys paid to the state under an Act of Congress of May 23, 1908 (35 Stat. 260) as amended, and arising from any national forest reserve created in the state by the federal government, shall be paid over to the Finance and Administration Cabinet and be turned into the State Treasury. The Finance and Administration Cabinet shall keep a separate account of all funds so received.
  2. The treasurer of each county in which there is situated any part of a forest reserve owned by the United States shall ascertain and report to the Finance and Administration Cabinet the name and area of that part of each reserve located in his county. The Finance and Administration Cabinet shall apportion the amount received by reason of each reserve among the counties in which the reserve is located, according to the area of the reserve in each county. If a fund is received from a reserve which lies in only one (1) county, it shall all be apportioned to that county. The Finance and Administration Cabinet shall draw a warrant on the State Treasury in favor of the treasurer of each county for the amount apportioned to that county.
  3. The county treasurer shall place one-half (1/2) of the funds to the credit of the public roads of his county and the other half (1/2) shall be distributed among the school districts in the county according to the area of the reserve in each school district.

History. 2007L-1 to 2007L-4; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 362, effective July 13, 1990.

Compiler’s Notes.

The Act of Congress of May 23, 1908 (35 Stat. 260) referred to in subsection (1) is compiled as 16 USCS § 500.

Research References and Practice Aids

Cross-References.

Consent to acquisition of national forest reserves, KRS 3.080 .

149.135. Definition of “timberland” as used in KRS 149.140 to 149.190. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 202, § 1) was repealed by Acts 1958, ch. 139, § 11.

149.140. Counties may cooperate with Division of Forestry in forest fire control; effect on other laws. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 204, § 1, 1948, ch. 202, § 4) was repealed by Acts 1958, ch. 139, § 11.

149.150. Establishment of county-wide forest fire protection. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 204, § 2) was repealed by Acts 1958, ch. 139, § 11.

149.151. County may pay cost of county-wide fire protection out of general fund or levy assessment on timberland. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 202, § 5) was repealed by Acts 1958, ch. 139, § 11.

149.152. Assessment of timberland; listing with tax commissioner. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 202, § 6) was repealed by Acts 1958, ch. 139, § 11.

149.153. Timberland to be entered on regular tax roll. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 202, § 7) was repealed by Acts 1958, ch. 139, § 11.

149.154. Computation of assessments; placing on tax bills. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 202, § 8) was repealed by Acts 1958, ch. 139, § 11.

149.155. Collection of assessments; receipts; when due; penalties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 202, § 9; 1950, ch. 93, § 2) was repealed by Acts 1958, ch. 139, § 11.

149.156. County Forest Fire Protection Fund; use. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 202, § 10) was repealed by Acts 1958, ch. 139, § 11.

149.157. Protest against listing of property as timberland; hearing. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 202, § 11) was repealed by Acts 1958, ch. 139, § 11.

149.160. Duties of fire wardens — Account of expenses — Payment.

When the Energy and Environment Cabinet determines that a danger of forest fire exists in a county in which the statewide system of forest fire protection has been established under KRS 149.510 to 149.600 , the cabinet shall respond to the forest fire danger and employ those persons and means as, in its judgment, are expedient and necessary to respond to the forest fire danger or to extinguish the fire, within the limits of the expense that it has been authorized to incur in its instructions from the secretary for energy and environment. The cabinet shall keep an itemized account of all expenses thus incurred and immediately send the account verified by affidavit to the secretary for energy and environment for examination. Upon approval by the secretary for energy and environment, the account shall be paid from such fund or funds as are available to the cabinet for such purpose. No such payment shall be made to any person who has intentionally started the fire or to any person whose negligence caused or contributed to the setting of the fire.

History. Enact. Acts 1946, ch. 204, § 3; 1966, ch. 23, § 41; 1974, ch. 74, Art. III, § 13(3); 1998, ch. 169, § 6, effective July 15, 1998; 2010, ch. 24, § 153, effective July 15, 2010.

149.170. No liability for trespass.

No action for trespass shall lie against the secretary for energy and environment, or any agent or employee of the Energy and Environment Cabinet, or any forest warden on account of lawful acts done in legal performance of their duties.

History. Enact. Acts 1946, ch. 204, § 4; 1974, ch. 74, Art. III, § 13(3); 2010, ch. 24, § 154, effective July 15, 2010.

Opinions of Attorney General.

This section and KRS 149.090 state in effect that forest wardens and their assistants are not trespassers when they are carrying out their statutory duties but the immunity granted does not extend to the negligent conduct of such persons while performing their duty which causes damage to the personal and real property of another. OAG 68-570 .

149.175. Exemption from chapter’s requirements for persons certified by the Kentucky Prescribed Fire Council’s Burn Boss Program — Exceptions.

  1. The Division of Forestry may exempt any person certified by the Kentucky Prescribed Fire Council’s Burn Boss Program from the requirements of this chapter, except that fires set under this section shall be in accordance with KRS 149.375 and shall not be conducted under a local burn ban or under a red flag warning day as determined by the National Weather Service.
  2. Persons exempted under this section who set prescribed fires shall give notification of the burn to the Division of Forestry at least twenty-four (24) hours prior to the burn, and notify adjacent landowners and local emergency dispatch the day of the burn.

HISTORY: 2016 ch. 30, § 1, effective July 15, 2016.

149.180. Collection of costs of firefighting from person responsible for fire — Disposition.

Whenever possible, the secretary for energy and environment shall collect the costs of firefighting done and approved as provided in KRS 149.160 , from the person responsible for the origin of the fire by his negligence or intent. The recovered costs shall be deposited in a special fund in the Energy and Environment Cabinet. The recovered costs shall be repaid to the county in which the costs were incurred, if such county has fully paid its annual assessment to the statewide system as provided for in KRS 149.540 for the year in which the fire suppression costs were incurred. If a county is not eligible to receive the recovered costs, the money shall be used by the Division of Forestry to improve fire protection services. The funds so repaid to the county shall be placed in the county forest fire protection fund provided for in KRS 149.590 . Any money in the Energy and Environment Cabinet’s, or its predecessor’s, special fund upon July 15, 1998, that were not repaid to a county for having failed to fully pay its annual assessment, shall be used by the Division of Forestry to improve fire protection services. In the event the suppression cost is not collected, the Commonwealth’s attorney of the county in which the fire occurred shall institute and prosecute the necessary proceedings. Costs recovered under this section shall be ordered to be paid directly to the Energy and Environment Cabinet. The court shall not direct that the costs be paid through the circuit clerk.

History. Enact. Acts 1946, ch. 204, § 5; 1948, ch. 202, § 12; 1966, ch. 23, § 42; 1974, ch. 74, Art. III, § 13(3); 1982, ch. 142, § 5, effective July 15, 1982; 1998, ch. 169, § 5, effective July 15, 1998; 2002, ch. 183, § 11, effective August 1, 2002; 2010, ch. 24, § 155, effective July 15, 2010.

149.190. Payments by counties to Division of Forestry; computation; crediting and use; liability of county; settlement of disputes as to acreage. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 204, § 6; 1948, ch. 202, § 13) was repealed by Acts 1958, ch. 139, § 11.

149.200. Power of county to acquire public forest. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 93, § 1) was repealed by Acts 1978, ch. 118, § 19.

149.210. Notice of meeting of fiscal court to consider acquisition of forest. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 93, § 2; 1966, ch. 239, § 142) was repealed by Acts 1978, ch. 118, § 19.

149.220. Order for purchase of forest lands — Source of payment. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 93, § 3) was repealed by Acts 1978, ch. 118, § 19.

149.230. Tax levy — Appropriations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 93, § 4; 1960, ch. 219, § 1) was repealed by Acts 1978, ch. 118, § 19.

149.240. Acceptance of gift or devise of lands for forest. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 93, § 5) was repealed by Acts 1978, ch. 118, § 19.

149.250. Planting of trees — Use of revenue from sale of timber. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 93, § 6; 1960, ch. 219, § 2) was repealed by Acts 1978, ch. 118, § 19.

149.260. Preservation of forest — Use for recreational purposes. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 93, § 7; 1960, ch. 219, § 3) was repealed by Acts 1978, ch. 118, § 19.

149.270. Supervision of county forest — Employees — Cooperation of division of forestry — Cost of operation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 93, § 8; 1960, ch. 219, § 4) was repealed by Acts 1978, ch. 118, § 19.

149.280. Forestry management under cooperative agreements — Payment of cost of services — Use of proceeds.

  1. The secretary for energy and environment, or his authorized agent, may, upon request, and whenever he deems it essential to the best interests of the people of the Commonwealth, cooperate with counties, cities, corporations, institutions or individuals in preparing plans for the protection, management and replacement of trees, woodlands and timber tracts, under an agreement that the parties obtaining such assistance pay at least the field expenses of the men employed in preparing said plans. Services rendered under this cooperative plan may include the designation of trees for sale or removal, measuring or estimating the commercial volume contained in the trees designated, marketing advice, and general forestry advice concerning the management of the landowner’s forest.
  2. When services are rendered under this section, the landowner or his agent, upon presentation of a statement, shall pay to the Energy and Environment Cabinet, within thirty (30) days of receipt of the statement, the amount due. The amounts so collected by the Energy and Environment Cabinet shall be paid into the State Treasury and shall be credited to a special fund for forest management and marketing, and, with such other funds as may be appropriated by the General Assembly, or contributed by the United States or any governmental or private agency for such purposes, shall be used and disbursed by the Energy and Environment Cabinet for such purpose.

History. Enact. Acts 1948, ch. 204; 1974, ch. 74, Art. III, § 13(3); 2010, ch. 24, § 156, effective July 15, 2010.

149.290. Fires not to be set without taking precautions to prevent spread. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 203, § 1) was repealed by Acts 1964, ch. 158, § 21.

149.300. Fires not to be set near woodland or brushland during certain months except during certain hours; exceptions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 203, §§ 2, 3; 1950, ch. 91) was repealed by Acts 1964, ch. 158, § 21.

149.305. Emergency proclamations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 94, § 1) was repealed by Acts 1964, ch. 158, § 21.

149.310. Southeastern Interstate Forest Fire Protection Compact.

The Governor, on behalf of the Commonwealth of Kentucky, is hereby authorized to execute a compact in substantially the following form, with any one or more of the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, Virginia and West Virginia, and the General Assembly hereby signifies in advance its approval and ratification of such compact:

History. Enact. Acts 1954, ch. 100, § 1.

SOUTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT

ARTICLE I.

The purpose of this compact is to promote effective prevention and control of forest fires in the Southeastern region of the United States by the development of integrated forest fire plans, by the maintenance of adequate forest fire fighting services by the member states, by providing for mutual aid in fighting forest fires among the compacting states of the region and with states which are party to other Regional Forest Fire Protection compacts or agreements, and for more adequate forest protection.

ARTICLE II.

This compact shall become operative immediately as to those states ratifying it whenever any two or more of the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia, which are contiguous have ratified it and Congress has given consent thereto. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states.

ARTICLE III.

In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control shall act as compact administrator for that state and shall consult with like officials of the other member states and shall implement cooperation between such states in forest fire prevention and control.

The compact administrators of the member states shall coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact.

There shall be established an advisory committee of legislators, forestry commission representatives, and forestry or forest products industries representatives which shall meet from time to time with the compact administrators. Each member state shall name one member of the Senate and one member of the House of Representatives who shall be designated by that state’s commission on interstate cooperation, or if said commission cannot constitutionally designate the said members, they shall be designated in accordance with laws of that state; and the Governor of each member state shall appoint two representatives, one of whom shall be associated with forestry or forest products industries to comprise the membership of the advisory committee. Action shall be taken by a majority of the compacting states, and each state shall be entitled to one vote.

The compact administrators shall formulate and, in accordance with need, from time to time, revise a regional forest fire plan for the member states.

It shall be the duty of each member state to formulate and put in effect a forest fire plan for that state and take such measures as may be necessary to integrate such forest fire plan with the regional forest fire plan formulated by the compact administrators.

ARTICLE IV.

Whenever the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling or preventing forest fires, it shall be the duty of the state forest fire control agency of that state to render all possible aid to the requesting agency which is consonant with the maintenance of protection at home.

ARTICLE V.

Whenever the forces of any member states are rendering outside aid pursuant to the request of another member state under this compact, the employees of such state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges and immunities as comparable employees of the state to which they are rendering aid.

No member state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance, or use of any equipment or supplies in connection therewith: provided, that nothing herein shall be construed as relieving any person from liability for his own negligent act or omission, or as imposing liability for such negligent act or omission upon any state.

All liability, except as otherwise provided hereinafter, that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and subsistence of employees and maintenance of equipment incurred in connection with such request: provided, that nothing herein contained shall prevent any assisting member state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such service to the receiving member state without charge or cost.

Each member state shall provide for the payment of compensation and death benefits to injured employees and the representatives of deceased employees in case employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.

For the purposes of this compact the term employee shall include any volunteer or auxiliary legally included within the forest firefighting forces of the aiding state under the laws thereof.

The compact administrators shall formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states.

ARTICLE VI.

Ratification of this compact shall not be construed to affect any existing statute so as to authorize or permit curtailment or diminution of the forest firefighting forces, equipment, services or facilities of any member state.

Nothing in this compact shall be construed to limit or restrict the powers of any state ratifying the same to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in such prevention, control and extinguishment in such state.

Nothing in this compact shall be construed to affect any existing or future cooperative relationship or arrangement between any federal agency and a member state or states.

ARTICLE VII.

The compact administrators may request the United States Forest Service to act as a research and coordinating agency of the Southeastern Interstate Forest Fire Protection Compact in cooperation with the appropriate agencies in each state, and the United States Forest Service may accept responsibility for preparing and presenting to the compact administrators its recommendations with respect to the regional fire plan. Representatives of any federal agency engaged in forest fire prevention and control may attend meetings of the compact administrators.

ARTICLE VIII.

The provisions of Articles IV and V of this compact which relate to mutual aid in combating, controlling or preventing forest fires shall be operative as between any state party to this compact and any other state which is party to a regional forest fire protection compact in another region: provided, that the legislature of such other state shall have given its assent to such mutual aid provisions of this compact.

ARTICLE IX.

This compact shall continue in force and remain binding on each state ratifying it until the legislature or the Governor of such state, as the law of such state shall provide, takes action to withdraw therefrom. Such action shall not be effective until six months after notice thereof has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.

149.315. Operative date of compact — Exchange of official documents.

When the Governor shall have executed a compact, as authorized by KRS 149.310 , on behalf of the Commonwealth of Kentucky and shall have caused a verified copy thereof to be filed with the Secretary of State, and when said compact shall have been ratified by one or more of the states named in KRS 149.310 , then said compact shall become operative and effective as between the Commonwealth of Kentucky and such other state or states. The Governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents between the Commonwealth of Kentucky and any other state ratifying said compact.

History. Enact. Acts 1954, ch. 100, § 2.

149.320. Assent by General Assembly to mutual aid provisions of compacts.

The General Assembly hereby gives its assent to the mutual aid provisions of Articles IV and V of the South Central Interstate Forest Fire Protection Compact in accordance with Article VIII of that compact relating to interregional mutual aid; and the General Assembly also hereby gives its assent to the mutual aid provisions of Articles IV and V of the Middle Atlantic Interstate Forest Fire Protection Compact in accordance with Article VIII of that compact relating to interregional mutual aid.

History. Enact. Acts 1954, ch. 100, § 3.

149.325. Compact administrator.

The secretary for energy and environment shall be the compact administrator representing the Commonwealth of Kentucky as provided for in Article III of the compact approved by KRS 149.310 . The Energy and Environment Cabinet is hereby authorized to do any and all things required to make effective the provisions of the compact.

History. Enact. Acts 1954, ch. 100, § 4; 1974, ch. 74, Art. III, § 13(3); 2010, ch. 24, § 157, effective July 15, 2010.

Forest Conservation

149.330. Definitions for KRS 149.330 to 149.355.

As used in KRS 149.330 to 149.355 , unless the context requires otherwise:

  1. “Best management practices” means effective, practical, economical, structural, or nonstructural methods that prevent or reduce the movement of sediment, nutrients, pesticides, and other pollutants from the land to surface or groundwater, or that otherwise protect water quality from potential adverse effects of timber harvesting operations as developed by the Division of Forestry and approved by the Agriculture Water Quality Authority;
  2. “Cabinet” means the Energy and Environment Cabinet;
  3. “Director” means the director of the Division of Forestry;
  4. “Division” means the Division of Forestry;
  5. “Logger” means any person who conducts timber harvesting operations for commercial purposes;
  6. “Operator” means any person who operates or exercises control over any timber harvesting operations;
  7. “Person” means any natural person or any director, officer, or agent of a partnership, corporation, association, society, joint stock company, firm, company, or business organization. “Person” also means any agency or instrumentality of federal, state, or local government, including any publicly-owned utility or any publicly-owned corporation of federal, state, or local government;
  8. “Timber harvesting operations” means activities directly related to the cutting or removal of trees from the forest as a raw material for commercial processes or purposes, including timber preharvesting and postharvesting activities associated with the implementation of appropriate best management practices. “Timber harvesting operations” does not include:
    1. The cutting of firewood;
    2. The cutting of evergreens grown for and cut for the traditional Christmas holiday season;
    3. The removal of trees incidental to clearing for coal mining or farm purposes or incidental to ground-disturbing construction activities, including well sites, and access roads and gathering lines for oil and natural gas operations;
    4. The cutting of trees for maintaining existing, or during construction of, rights-of-way for public highways or public utilities, unless those trees are being sold or provided as raw material for commercial wood product purposes; or
    5. The cutting of trees by an individual, nonindustrial landowner on his own property, if the cutting is performed by the individual, nonindustrial landowner; and
  9. “Water pollution” has the same meaning as in KRS 224.1-010 .

HISTORY: Enact. Acts 1998, ch. 555, § 1, effective July 15, 1998; 2010, ch. 24, § 158, effective July 15, 2010; 2015 ch. 41, § 1, effective June 24, 2015.

149.332. Legislative findings and declarations — Purpose — Construction with other laws.

The General Assembly finds, determines, and declares as follows:

  1. Healthy, sustainable forests that are ecologically sound provide economic opportunities and benefit the overall quality of life for all Kentuckians;
  2. High quality forests provide clean air and water and biodiversity;
  3. A diverse forest economy must include forest product industries, recreation, and tourism;
  4. Timber harvesting operations must be conducted in an ecologically sound manner;
  5. Kentucky must promote the stewardship of its public and private forest lands while recognizing the rights and responsibilities of private landowners;
  6. Comprehensive continuous forest inventories are needed to provide information to make decisions to meet present and future needs;
  7. Increased awareness of the economic, social, and ecological importance of Kentucky’s forests is needed to:
    1. Educate the public and industry in order to make wise decisions for the future of the forest resource; and
    2. Recognize and respond to threats to the forest resource;
  8. It is the purpose of KRS 149.330 to 149.355 to provide private landowners and loggers with education, technical assistance, and incentives that encourage them to manage their properties and carry out timber harvesting operations that will assure sustainable forests in the Commonwealth; and
  9. KRS 149.330 to 149.355 shall not be construed as affecting the requirements of any other laws of the Commonwealth relating to environmental protection, including water quality or forestry.

History. Enact. Acts 1998, ch. 555, § 2, effective July 15, 1998.

149.334. Powers and duties of cabinet as to forest conservation — Authority for administrative regulations.

In addition to any other powers and duties vested in it by law, the cabinet has the authority, power, and duty to:

  1. Promote the sustainability of Kentucky’s forest ecosystems;
  2. Improve, maintain, and protect the health and condition of Kentucky’s forest resources;
  3. Promote the most efficient utilization of forest resources;
  4. Provide educational opportunities to increase landowner, logger, and public appreciation, awareness, and knowledge of Kentucky’s forests; and
  5. Promulgate administrative regulations under KRS Chapter 13A to accomplish the purposes of KRS 149.330 to 149.355 .

History. Enact. Acts 1998, ch. 555, § 3, effective July 15, 1998.

149.336. Information and education program.

  1. There is established within the division an information and education program for the following purposes:
    1. To develop public awareness of the importance of the forests of Kentucky;
    2. To promote forest stewardship and sound forest utilization practices of private woodland owners and the forest industry; and
    3. To coordinate with other agencies and organizations to assure effective, long-term forest conservation programs.
  2. The division shall implement an educational program that emphasizes sustainable forests and the full range of economic, ecological, and social opportunities provided by privately owned forests by:
    1. Sponsoring field days that enable individual woodland owners to recognize and resolve problems that they encounter in dealing with their woodland resources;
    2. Developing demonstration programs involving forests and management of forest ecosystems including urban forests;
    3. Developing and implementing programs that give special attention to educational needs of small, private, nonindustrial forest landowners; and
    4. Supporting the Kentucky Cooperative Extension Service in promoting and conducting technology transfer education programs specifically for woodland owners.

History. Enact. Acts 1998, ch. 555, § 4, effective July 15, 1998.

149.338. Inventory of Kentucky forests to be maintained — Assistance with implementation of surveys.

  1. The division shall maintain an inventory of Kentucky’s forests and provide a report on the status of Kentucky’s forests on a biennial basis. The status report shall address, at a minimum, timber growth and removal, commercial species composition, timber quality, market information, forest health, and industry activity. The division shall cooperate with the United States Forest Service in carrying out the provisions of this subsection.
  2. In order to have accurate, current, and complete information and data, the division shall:
    1. Assist the implementation of the Southern Annual Forest Inventory System by supplying five (5) two-person crews to perform annual data collection;
    2. Develop and implement annual surveys of mills, landowners, timber buyers, and other appropriate entities to determine levels of harvesting and timber and log prices; and
    3. Use Geographic Information System (GIS) technology and ensure coordination with statewide GIS efforts.

History. Enact. Acts 1998, ch. 555, § 5, effective July 15, 1998.

149.340. Forest stewardship incentives fund — Use.

There is established a forest stewardship incentives fund to be administered by the division. Moneys from the fund shall be used for cost-share programs to provide financial assistance to landowners for the development of stewardship plans, and for stewardship practices, including, but not limited to, reforestation and afforestation, forest improvement, soil and water protection and improvement, riparian and wetland protection and improvement, wildlife habitat improvement and permanent wildlife planting, and forest recreation enhancement.

History. Enact. Acts 1998, ch. 555, § 6, effective July 15, 1998.

149.342. Timber harvesting operations — Master logger training and educational requirements — Temporary master logger designation.

  1. After two (2) years from July 15, 1998, no person shall conduct timber harvesting operations within the Commonwealth unless there is on the site during the timber harvesting operations at least one (1) logger in charge of the harvest who has successfully completed the Master Logger Program or who has received a temporary master logger designation in accordance with the cabinet requirements as provided for in subsection (4) of this section.
  2. After successful completion of the Master Logger Program, continuing education shall be required of the loggers every three (3) years.
  3. The cabinet shall specify the education and training requirements for the Master Logger Program as developed by the University of Kentucky, the Kentucky Forest Industries Association, and the division, shall specify the requirements for continuing education, and, may establish a basic fee for the program that bears a reasonable relationship to the cost of training.
  4. The cabinet shall specify requirements for a temporary master logger designation, which shall be valid for four (4) months.
  5. A logger or operator who uses a temporary master logger shall notify the division prior to beginning the timber harvesting operation on which a temporary master logger is on site and in charge.
  6. The division shall maintain a current list of all loggers who have successfully completed the Master Logger Program and required continuing education, and shall make the list available to the public. All master loggers shall provide the cabinet with a published phone number.
  7. Loggers who have previously completed the Kentucky Master Logger Program are considered to be in compliance with subsection (1) of this section.
  8. Any logger who primarily uses mules or horses in the logging operation shall be exempt from the Master Logger Program.
  9. After two (2) years from July 15, 1998, all state parks shall have on staff at least one (1) employee who has completed the Master Logger Program.

History. Enact. Acts 1998, ch. 555, § 7, effective July 15, 1998; 2005, ch. 39, § 1, effective June 20, 2005.

149.344. Use of appropriate best management practices — Violation — Noncompliance — Administrative regulations governing bad actor designation — Procedure after multiple violations — Opportunity for administrative hearing.

  1. Any logger or operator engaged in the conduct of any timber harvesting operations shall use appropriate best management practices.
  2. No logger or operator shall conduct any timber harvesting operations in a manner that is causing or will likely cause water pollution.
  3. If the cabinet determines that a logger or operator engaged in timber harvesting operations has failed to use the appropriate best management practices or is causing water pollution, the cabinet shall give the logger or operator a written warning of the facts alleged to constitute the failure to use the best management practice or the water pollution, and a reasonable period for abatement and compliance.
  4. If, after the time for abatement in the written warning, the cabinet determines that the logger or operator has failed to implement the appropriate best management practices or has failed to abate the water pollution, the logger or operator will be provided an opportunity for an informal conference with the regional forester. After the opportunity for an informal conference, if the cabinet determines that the logger or operator has failed to implement the appropriate best management practices or has failed to abate the water pollution, the cabinet shall issue a notice of violation stating the best management practice that the logger or operator has failed to implement or the facts alleged to constitute the water pollution, and order the logger or operator to implement corrective measures within a specified period of time.
  5. If, after the issuance of a notice of violation, the logger or operator fails to implement the best management practice or corrective measures, the cabinet shall issue a special order mandating the logger or operator to immediately implement the best management practice or the corrective measures. The cabinet may also order the logger or operator to cease all or a portion of the timber harvesting operation constituting the violation, and if the cabinet does so, the logger or operator shall cease all or a portion of the timber harvesting operation, until an inspection determines that the violation has been abated. At the time the special order is issued, the cabinet shall notify the logger or operator of the opportunity for an administrative hearing under KRS 149.346(2), to be held within five (5) working days of the receipt of a written request made by the logger or operator.
  6. If the cabinet finds that any logger or operator is conducting any timber harvesting operations in violation of KRS 149.342(1) or in a manner that is causing or is likely to cause water pollution that is presenting or will likely present an imminent and substantial danger to the public health, safety, or welfare, or to the health of animals, fish, or aquatic life, or to a public water supply, or to recreational, commercial, agricultural, or industrial uses, the cabinet may issue an emergency order directing the logger or operator to immediately cease the activity and implement corrective measures within a reasonable time, and the logger or operator shall immediately cease the activity and implement corrective measures. At the time the order is issued, the cabinet shall also notify the logger or operator of the opportunity for an administrative hearing under KRS 149.346(2) to be held within five (5) working days of the receipt of a written request. The commencement of proceedings by the cabinet under subsection (3), (4), (5), or (10) of this section shall not preclude the cabinet from issuing an emergency order under this subsection.
  7. Notification under this section shall be by certified mail, return receipt requested, sent to the last known address of the logger or operator, or by hand delivery by the cabinet.
  8. If the logger or operator fails or refuses to cease activity or comply with and implement the best management practices or corrective measures in a special order issued under subsection (5) of this section or fails to cease activity and implement corrective measures in an emergency order under subsection (6) of this section, unless extended by the cabinet, the logger or operator shall be deemed a bad actor and shall be subject to civil penalties under KRS 149.348 after an opportunity for a hearing under KRS 149.346 . The cabinet shall have the authority to remove or terminate bad actor designations from loggers or operators that demonstrate adherence to implementing best management practices, have paid all fines and penalties imposed by the cabinet, and have completed corrective action on sites with violations.
  9. The cabinet may promulgate administrative regulations to establish rules and procedures to remove or terminate the bad actor designation from a logger or operator that was previously designated a bad actor under subsection (8) of this section.
  10. If the cabinet determines that a logger or operator engaged in timber harvesting operations has failed to use the appropriate best management practices in violation of this section, and the logger or operator has been issued two (2) or more bad actor designations under KRS 149.346 , the cabinet shall immediately issue a warning and, if the violations are not corrected after a period defined by the warning but no longer than one (1) week, shall issue an order directing the logger or operator to immediately cease the activity and implement corrective measures within a reasonable time, and the logger or operator shall immediately cease the activity and implement corrective measures. At the time the order is issued, the cabinet shall also notify the logger or operator of the opportunity for an administrative hearing under KRS 149.346 (2) to be held within five (5) working days of the receipt of a written request.
    1. Any logger or operator who has been designated a bad actor under subsection (8) of this section shall provide prior notice to the appropriate regional office or offices of the division before engaging in any timber harvesting operation regulated by the cabinet until he or she has paid all civil penalties and performed all of the site remediation required by the cabinet. (11) (a) Any logger or operator who has been designated a bad actor under subsection (8) of this section shall provide prior notice to the appropriate regional office or offices of the division before engaging in any timber harvesting operation regulated by the cabinet until he or she has paid all civil penalties and performed all of the site remediation required by the cabinet.
    2. The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to set forth the form and manner of the notification required by this subsection. The notification requirements of this subsection shall take effect on the effective date of the administrative regulations required by this paragraph.
  11. Beginning on January 1, 2016, if the cabinet finds that any logger or operator has three (3) or more bad actor designations under subsection (8) of this section, the cabinet shall issue an emergency order directing the logger or operator to immediately cease all timber harvesting operations in the Commonwealth. Upon receiving the emergency order, the logger or operator shall cease all timber harvesting operations in the Commonwealth until he or she has performed all of the site remediation required by the cabinet and has either paid all civil penalties or remains up to date on a payment plan for civil penalties with the cabinet. At the time the order is issued, the cabinet shall also notify the logger or operator of the opportunity for an administrative hearing under KRS 149.346(2) to be held within five (5) working days of the receipt of a written request. The commencement of proceedings by the cabinet under subsection (3), (4), (5), or (10) of this section shall not preclude the cabinet from issuing an emergency order under this subsection. A logger or operator who otherwise complies with the requirements of this subsection shall not be required to remove any of his or her bad actor designations as a condition of being allowed to restart timber harvesting operations in the Commonwealth.
  12. All bad actor designations issued under subsection (8) of this section, including those issued prior to June 24, 2015, shall be included in determining the applicability of this section to any logger or operator.

History. Enact. Acts 1998, ch. 555, § 8, effective July 15, 1998; 2005, ch. 39, § 2, effective June 20, 2005; 2006, ch. 43, § 1, effective July 12, 2006; 2015 ch. 41, § 2, effective June 24, 2015.

149.346. Administrative hearings.

  1. If the cabinet has evidence that a violation of KRS 149.342(1) or 149.344(11) has occurred, or has deemed a logger or operator to be a bad actor under KRS 149.344(8), the cabinet shall serve written notice of the determination and the provision alleged to have been violated, and the cabinet shall require the person complained against to answer the charges at an administrative hearing to be held not less than twenty-one (21) days after the date of the notice, unless the person complained against waives the twenty-one (21) day period.
  2. Any person not previously heard who considers himself aggrieved by any determination of the cabinet under KRS 149.330 to 149.355 may file a petition alleging that the determination is contrary to law or fact and is injurious to him, citing the grounds and reasons therefor, and demanding an administrative hearing. Unless the cabinet considers the petition frivolous, it shall schedule an administrative hearing before the cabinet not less than ninety (90) days after the date of the notice, unless the person complained against waives the ninety (90) day period, except that hearings requested under KRS 149.344(5) and (6) shall be held within five (5) working days of receipt of a petition. The right to demand a hearing under this subsection shall be limited to a period of thirty (30) days after the petitioner has had actual notice of the determination complained of, or could have had notice. The cabinet shall be represented at the administrative hearing by the Office of Legal Services.
  3. All hearings under KRS 149.330 to 149.355 shall be conducted under KRS 224.10-440 . Appeals may be taken from all final orders under KRS 224.10-470 .

HISTORY: Enact. Acts 1998, ch. 555, § 9, effective July 15, 1998; 2015 ch. 41, § 3, effective June 24, 2015; 2018 ch. 29, § 48, effective July 14, 2018.

149.348. Assessment of civil penalties — Personal liability.

  1. Any operator or logger who is deemed by the cabinet to be a bad actor under KRS 149.344(8) or who violates KRS 149.342(1) or 149.344(11) may, after an opportunity for an administrative hearing, be assessed a civil penalty not to exceed one thousand dollars ($1,000) for each violation. In determining the amount of the penalty, consideration shall be given to the operator’s or logger’s history of noncompliance; the seriousness of the violation and any damage caused, including any irreparable harm to the environment or hazard to public health or safety or the health and safety of animals, fish, or aquatic life; the degree of fault and whether the conduct was intentional or negligent; and the demonstrated good faith in remedying the pollution. The penalties shall be recoverable in an action brought in the name of the Commonwealth of Kentucky by the cabinet’s Office of Legal Services. All sums recovered shall be deposited in the Forest Stewardship Incentives Fund. The Circuit Court in the county in which the violation occurred shall have concurrent jurisdiction and venue of all civil and injunctive actions instituted by the cabinet for the enforcement of the provisions of KRS 149.330 to 149.355 or the orders and administrative regulations promulgated by the cabinet.
  2. Notwithstanding KRS Chapters 271B to 275 or any other provision of law to the contrary, any director, officer, or agent of an operator or logger doing business as a partnership, corporation, association, society, joint stock company, firm, company, or business organization shall be personally liable, jointly and severally, for the civil penalties incurred by the operator or logger under this section.

HISTORY: Enact. Acts 1998, ch. 555, § 10, effective July 15, 1998; 2015 ch. 41, § 4, effective June 24, 2015; 2018 ch. 29, § 49, effective July 14, 2018.

149.350. Forestry Best Management Practices Board.

  1. There is hereby established a Forestry Best Management Practices Board consisting of thirteen (13) members for the purposes of updating Kentucky’s forest practice guidelines for water quality management and the Division of Forestry’s administrative regulations regarding timber harvesting operations, and supervising the implementation of forestry best management practices and timber harvesting operations regulations by the Division of Forestry. The offices of the board shall be maintained at a place designated by the board.
  2. The initial appointments to the board shall be made within one (1) year of July 15, 1998, and the appointments shall be for staggered terms to assure continuity. The Governor shall appoint members to the board representing the following:
    1. Five (5) members who are farmers or woodland owners with at least fifty (50) acres of woodland and who are actively engaged in woodland management:
      1. One (1) of these members from a list of three (3) persons nominated by the Kentucky Woodland Owners Association;
      2. One (1) of these members from a list of three (3) persons nominated by the Kentucky Department of Agriculture;
      3. One (1) of these members from a list of three (3) persons nominated by the Kentucky Farm Bureau Federation; and
      4. Two (2) of these members shall be farmers at large;
    2. One (1) logger in good standing;
    3. One (1) member of the Department of Forestry of the University of Kentucky;
    4. One (1) member of the Kentucky Division of Forestry;
    5. Three (3) members of a Kentucky wood industry; and
    6. Two (2) members at large who are woodland owners.
  3. Except for initial staggered appointments, board memberships shall be for a period of four (4) years, and members may be appointed to no more than two (2) full consecutive terms. Appointments to the board shall be made consistent with subsection (2) of this section.
  4. The chair of the board shall be chosen from the members selected to meet the criteria in subsection (2) of this section.
  5. The board shall review existing forestry best management practices within one (1) year after establishment of the board and shall conduct periodic reviews for rewriting the best management practices regulations no sooner than every five (5) years thereafter.
  6. The board shall oversee implementation of best management practice education and enforcement by the Division of Forestry.
  7. The board shall meet at least once a year for the purpose of conducting its oversight responsibilities.
  8. The board shall be attached to the division for administrative purposes. The division shall provide funds necessary for board meetings, travel expenses, and other administrative support, including but not limited to staff assistance at meetings, report preparation, and record keeping.
  9. The board shall present its findings and recommendations to the Office of the Governor and the Legislative Research Commission when the board deems appropriate or when the Office of the Governor specifically requests a report. The board shall provide a summary report of its findings and recommendations to the Office of the Governor every five (5) years and to the Legislative Research Commission, if deemed appropriate.

History. Enact. Acts 1998, ch. 555, § 11, effective July 15, 1998; 2006, ch. 56, § 1, effective July 12, 2006.

149.355. Short title for KRS 149.330 to 149.355.

KRS 149.330 to 149.355 may be cited as the “Kentucky Forest Conservation Act.”

History. Enact. Acts 1998, ch. 555, § 12, effective July 15, 1998.

Forest Fire Prevention

149.360. Public policy declared.

The General Assembly of the Commonwealth of Kentucky declares as a public policy of the Commonwealth the prevention and control of forest fires on or threatening the forest land within the Commonwealth in order to preserve forest and other natural resources, enhance the growth and maintenance of forests, conserve forest cover on watersheds, protect recreational, wildlife and other values, promote stability of forest-using industries, and prevent loss of life and damage to property from wildfires and other conflagrations.

History. Enact. Acts 1964, ch. 158, § 1.

NOTES TO DECISIONS

1. Discretionary Acts.

While a division of forestry had a ministerial duty to fight a forest fire under KRS 149.360 , the methods used to fight that fire, including determinations that the fire had been contained and it was appropriate to leave the area, were discretionary; therefore, the division was not liable for negligence for a burned garage. Under KRS 44.073(2), the Kentucky Board of Claims had jurisdiction over claims involving the negligent performance of ministerial acts. Energy & Env't Cabinet v. Robinson, 363 S.W.3d 24, 2012 Ky. App. LEXIS 51 (Ky. Ct. App. 2012).

149.365. Definitions for KRS 149.360 to 149.430 and 149.991.

As used in KRS 149.360 to 149.430 and 149.991 , unless the context requires otherwise:

  1. “Secretary” means the secretary for energy and environment.
  2. “Cabinet” means the Energy and Environment Cabinet.
  3. “Person” means an individual, corporation, partnership, association, municipality, state and federal government, or other public body or other legal entity, or any officer, employee or agent of any of the foregoing.
  4. “Timberland” means any land which has enough timber or woody brush, standing or down, t