Title XII, Conservation and State Development

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,…

(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 …

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 leas…

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 …

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 …

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.

(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 b…

(1) A forest warden, for violation of laws for the protection of the forest of the state, has the following arrest powers: (a) With a warrant; (b) Without a warrant any person he observes committing a misdemeanor or a felony; and (c) Without a warrant when he has reasonable groun…

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 m…

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.

(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 St…

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 perso…

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.

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…

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 deposite…

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 indivi…

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 Virgi…

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 sta…

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…

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 t…

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…

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…

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…

(1) There is established within the division an information and education program for the following purposes: (a) To develop public awareness of the importance of the forests of Kentucky; (b) To promote forest stewardship and sound forest utilization practices of private woodland…

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, ti…

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, includin…

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 t…

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 managemen…

(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, …

(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 v…

(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 timbe…

KRS 149.330 to 149.355 may be cited as the "Kentucky Forest Conservation Act."

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 an…

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, m…

No person shall: (1) Within or adjacent to timberland, dispose of a lighted match, cigarette, cigar, ashes, or other flaming or glowing substance, or any other substance or thing in such condition that it is likely to ignite a forest, brush, grass, or woods fire, or throw or drop…

It shall be unlawful, within or adjacent to timberland, for any person to set fire to, or to procure another to set fire to, any flammable material upon land owned or leased by him unless he previously shall have taken all reasonable care and precaution, by carefully clearing aro…

No person shall: (1) Willfully, maliciously, or wantonly set on fire or cause or procure to be set on fire any timberland, or flammable material on such land, which land is not owned, leased or controlled by him. (2) Willfully, maliciously, or wantonly allow a fire to escape from…

(1) Any person operating or responsible for the operation of a sawmill, stavemill, heading mill, or other woodworking mill, or any manufacturing or processing establishment not entirely enclosed with fireproof or fire resistant walls or other fireproof or fire resistant shielding…

No person shall willfully or knowingly set fire to any timberland not his own, or hollow trees or stumps of flammable material on timberland not his own to capture or destroy wild birds or quadrupeds or to destroy feeding or breeding grounds thereon.

Any municipality, public institution or agency, or any persons maintaining or operating a waste management facility or open dump as defined in KRS 224.1-010 in any location where fire may spread to timberland shall provide such devices and conditions therefor as will reasonably p…

(1) The periods commencing on February 15 and ending on April 30 and commencing on October 1 and ending on December 15 of each year are hereby declared to be and established as the fire hazard seasons. During the fire hazard seasons, even though the precautions required by KRS 14…

periods. (1) Without limiting the general authority granted to a county by KRS 67.083 and the general authority granted to a city by KRS 82.082, a city or county may enact an ordinance banning all open burning during periods of extraordinary forest fire hazard or fire occurrence.…

(1) It shall be unlawful, when the forest lands, brush lands and fields in this state or any part thereof have become so dry or parched as to create an extraordinary fire hazard endangering lives and property, for any person, except the owner, tenant or owner's authorized agent, …

The Commonwealth's attorney or county attorney shall initiate and prosecute appropriate abatement proceedings by injunction or otherwise, for the prevention or correction of any condition constituting or threatening to constitute a violation of KRS 149.360 to 149.430. The institu…

The Energy and Environment Cabinet shall administer KRS 149.360 to 149.430 and shall have power to issue, amend and revise such rules and regulations as may be authorized hereby or as may reasonably be necessary to implement the same. The cabinet is authorized to make, conduct or…

In connection with the administration of KRS 149.360 to 149.430 and any rule or regulation pursuant hereto, any duly authorized officer, employee or agent of the cabinet and any law enforcement officer or fire protection officer having jurisdiction to enforce any provisions of KR…