Title XII, Conservation and State Development

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 m…

(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 conserva…

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 shal…

(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 acco…

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 impl…

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

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 …

(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. …

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 …

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

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…

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 …

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 o…

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 …

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 bounda…

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 b…

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 pr…

(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 …

(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: New roads, structures or buildings may be constructed o…

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…

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 l…

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 Wi…

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.

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,…

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 injunc…

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.

(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 dev…

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 c…

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.

(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 …

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.

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 an…

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.

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, purc…

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.

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 …

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 acqu…

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 a…

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 …

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 …

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 secret…

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 accord…

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. S…

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 o…

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 po…

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.

(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 dev…

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, …

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 rec…

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 tempora…