KentuckySB 2222026 Regular SessionSenateWALLET

AN ACT relating to environmental covenants and declaring an emergency.

Sponsored By: Keturah J. Herron (Democrat)

Signed by Governor

Courts, CircuitEffective Dates, EmergencyEnvironment And ConservationLand UsePollutionPropertyRetroactive LegislationState Agencies

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Faster removal of outdated land limits

The cabinet can remove or shrink a land‑use restriction when cleanup under a cabinet‑approved plan shows it is no longer needed to protect health or the environment. The cabinet sends a proposed decision and written notice, and recipients have 30 days to object with legal or technical reasons. If someone objects, the cabinet issues a final decision within 45 days. The objector then has 30 days to ask the Franklin Circuit Court to review, and the objector must show the change would harm health or the environment. If no court review is filed in time, the change takes effect when recorded. No extra court approval is needed.

Rules for ending or keeping covenants

Environmental covenants are permanent unless ended under the rules in this law. They do not end because of a tax deed, tax‑lien foreclosure, adverse possession, abandonment, waiver, or lack of enforcement. A court can change or end a covenant in an eminent domain case if the cabinet is a party, everyone gets notice, and the court finds no harm to health or the environment. The Franklin Circuit Court can also end or reduce a covenant if the cabinet or a holder decides its benefits can no longer be achieved, after notice to all required parties. These rules apply to all recorded covenants, even ones recorded before this law.

Stronger consent for property covenants

Most covenant changes now need many signatures, including the cabinet, the current owner, original signers or their successors, and the holder. An amendment does not affect your property interest unless you agree in writing or already signed a waiver. Assigning the covenant to a new holder counts as an amendment, except for government reorganizations. A holder usually cannot transfer or be replaced without the other named parties’ consent, unless the covenant says otherwise. If the holder position is empty, a court can appoint a replacement.

Sponsors & Cosponsors

Sponsor

Keturah J. Herron
Democrat • Senate

Cosponsors

Greg Elkins
Republican • Senate
Gerald A. Neal
Democrat • Senate
Matthew Deneen
Republican • Senate
Robby Mills
Republican • Senate
Walker Thomas
Republican • House
Shelley Funke Frommeyer
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 132 • No: 0

House vote • 3/26/2026

3rd reading, passed

Yes: 94 • No: 0

Senate vote • 3/13/2026