Title XXI, Agriculture and Animals

At any time after five (5) years from the organization of a district, twenty-five percent (25%) of the owners of land lying within the boundaries of the district may file a petition with the commission praying that the existence of the district be discontinued. The commission may…

informalities. (1) Within sixty (60) days after a petition for discontinuance of a district has been received by the commission it shall give due notice of the holding of a referendum, supervise the referendum and issue appropriate regulations governing the conduct of the referen…

(1) The commission shall publish the result of the referendum and shall determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. If the commission determines that the continued operation of the district …

discontinuance. Upon receipt from the commission of a certification that the commission has determined that the continued operation of the district is not administratively practicable and feasible, the board shall forthwith proceed to terminate the affairs of the district. The bo…

Upon issuance of a certificate of dissolution under KRS 262.560, all ordinances and regulations theretofore adopted and in force within those districts shall be of no further force and effect. All contracts theretofore entered into, to which the district is a party, shall remain …

The commission shall not entertain petitions for the discontinuance of any district, conduct referendums upon petitions nor make determinations pursuant to such petitions in accordance with this chapter more often than once in five (5) years.

Agencies of this state which have jurisdiction over or are charged with the administration of, any state-owned lands, and of any governmental subdivision of the state which has jurisdiction over, or is charged with the administration of, any publicly-owned lands, lying within the…

The boards of any two (2) or more districts may cooperate with one another in the exercise of any or all powers conferred in this chapter.

Conservation Commission -- Joint acquisition. (1) (a) Heavy or specialized equipment purchased or made available in accordance with KRS 262.330 and 262.610 to 262.660 shall be used for the purposes of conserving soil resources, the prevention and control of soil erosion, and the …

The Division of Conservation shall retain title to each piece of heavy or specialized equipment or any infrastructure purchased and made available to any soil and water conservation district pursuant to KRS 262.610 until such time as the soil and water conservation districts full…

(1) Each soil and water conservation district which receives, leases, rents, or uses the heavy or specialized equipment referred to in KRS 262.610 shall maintain its public records to show for each piece of equipment: (a) The hours same has worked on each job in each district; (b…

The amount paid by any district to the division for amortization of a loan or for payment on a lease shall be made monthly. This amount shall be credited to a revolving fund and the costs of any new equipment or infrastructure shall be charged to the same account. Neither the app…

Any two (2) or more soil and water conservation districts may combine with each other for the purpose of obtaining and using the specialized equipment or infrastructure referred to in KRS 262.610, upon the terms and conditions set forth in KRS 262.610 to 262.660.

regulations. (1) The commission, with the approval of the commissioner of the Department for Natural Resources, is hereby authorized to promulgate such other rules and regulations or methods of accounting as may be necessary or expedient to give effect to the purposes expressed i…

Subdistricts of a soil conservation district may be formed in a watershed area, as provided in KRS 262.700 to 262.795, to be known as watershed conservancy districts, for the purpose of developing and executing plans and programs relating to any phase of conservation of water, wa…

The land area embraced in such districts must be contiguous and must lie within a well defined watershed. The area shall not include lands located within the boundary of any incorporated city or town or lands not included within a soil and water conservation district, unless such…

If it appears that contiguous territory within an established district would be better served by the organization of a separate district, a petition for withdrawal and formation of a new district may be filed with the board of supervisors by twenty-five (25) or more landowners, o…

When twenty-five (25) or more landowners within a proposed watershed conservancy district, or, if less than fifty (50) landowners are involved, a majority of the landowners in such proposed district, desire to form a watershed conservancy district, they shall file a petition with…

district -- Filing petition -- Board of supervisors. If the proposed watershed conservancy district lies in more than one soil conservation district, the petition may be presented to the board of supervisors of any one of such districts and the supervisors of all such districts s…

budget. (1) Within thirty (30) days after such petition has been filed with the board of supervisors, it shall cause due notice to be given as provided in KRS 262.010(4) of the hearing upon the practicability and feasibility of creating such subdistrict. All interested parties sh…

After the board of supervisors has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for creation of the proposed watershed conservancy district, it shall consider the question whether the operation of a district withi…

The question to be voted on shall be submitted in the following form: "For the creation of ........ Watershed Conservancy District" "Against the creation of ........ Watershed Conservancy District" The voters shall be instructed to vote "yes" on one or the other of the propositio…

The votes shall be counted by the election officers at the close of the polls and report of the results, along with the votes which have been cast, delivered to the polling superintendent, who shall certify the results to the board of supervisors. If a majority of the votes cast …

of treasurer -- Nomination petitions -- Qualification of members -- Removal of directors -- Immunity for official acts. (1) Within thirty (30) days after a watershed conservancy district is created, nominating petitions may be filed with the board of supervisors for the election …

(1) Within thirty (30) days of the effective date of any vacancy on a board of directors of a watershed conservancy district, the board of the soil and water conservation district where the vacancy occurs shall publish a notice of the vacancy in a newspaper of general circulation…

Subject to the approval of the board of supervisors, the board of directors of a watershed conservancy district shall have power to: (1) Levy an annual tax on the real property within the district within the limitations provided in KRS 262.760 for administration, construction, op…

Election -- Assessment. (1) Upon determination by the board of directors of a watershed conservancy district that the improvement, continuing operation, or maintenance of a watershed project is necessary, the board of directors may adopt a resolution which shall set out: (a) A li…

(1) Bonds authorized by KRS 262.745 shall not be issued until proposed by order or resolution of the board of directors, specifying the purpose for which the funds are to be used and the proposed undertaking, the amount of bonds to be issued, the rate of interest they are to bear…

Members of the board of directors shall receive no salaries, but such members may be reimbursed for actual and necessary expenditures incurred in the performance of their duties, or may be paid a per diem for attending meetings, as approved by the board of supervisors.

(1) Within the first quarter of each calendar year, the board of directors of a watershed conservancy district shall prepare an itemized budget of the funds needed for administration, construction, operation, and maintenance of works of improvement. After approval of such budget …

65A.010 to 65A.090 -- Exception. (1) Notwithstanding KRS 65A.030, an audit of the accounts of each watershed conservancy district shall take place once every four (4) years unless the watershed conservancy district receives or expends one million dollars ($1,000,000) or more in a…

(1) The board of directors of a watershed conservancy district shall prepare and furnish to the property valuation administrator by January 1 each year a list of the landowners in each county involved showing the real property subject to assessment, and the property valuation adm…

(1) The sheriff shall collect the taxes due the district at the same time and in the same manner in which he collects the state and county ad valorem tax and shall in like manner report to the county judge/executive, and make his annual and final settlement with the fiscal court …

Tax funds collected shall be transferred to and held by the treasurer of the watershed conservancy district for the specific purpose for which they have been collected. All expenditures of such funds shall be made by the board of directors upon order of the board.

As used in KRS 262.776 to 262.779: (1) "Project" means the acquisition by a watershed conservancy district of easements, rights-of-way, or land by purchase or condemnation in order to enable the district to construct and maintain flood control structures or institute other benefi…

A special assessment may be voted and bonds issued which shall be payable solely from the collection of such assessments, as provided in KRS 262.778 and 262.779.

judgment or injunction suit, time for -- Issuance of bonds -- Levy. (1) Upon determination by the board of directors of a watershed conservancy district that a watershed project is necessary, and upon approval of the plans for same by the board of supervisors, the board of direct…

The annual assessments shall be made by the board of directors at the same time and in the same manner as provided in KRS 262.765 for taxes generally and shall be collected as provided in KRS 262.770. The assessments shall constitute liens against the land benefited and shall att…

Determination -- Referendum. (1) Any one (1) or more owners of land may petition the board of supervisors to have their lands added to a watershed conservancy district. Such petition shall define the boundaries of the land desired to be annexed, the number of acres of land involv…

Determination. The owner or owners of lands which have not been, are not, and cannot be benefited by their inclusion in the watershed conservancy district may petition the board of supervisors to have such lands detached. The petition shall describe such lands and state the reaso…

(1) If the board of a watershed conservancy district fails to meet over the course of one (1) year or longer or if it fails to prepare and fund a budget as required by KRS 262.760(1), any soil and water conservation district or fiscal court in which any part of the watershed cons…

conservation district -- Proration, when -- Collection of revenue for maintenance. (1) Where a watershed conservancy district board has been discontinued as provided in KRS 262.789, any funds or assets of the district shall be transferred to the soil and water conservation distri…

district. If any supervising soil conservation district is discontinued, the fiscal court of the county or counties involved shall serve in the same supervising capacity over the watershed conservancy district as the board of supervisors.

- Procedure -- Periodic review -- Withdrawal from membership -- Public hearing on condemnation -- Definition of "feasible alternative location" -- Requirement to demonstrate lack of feasible alternative location in certain eminent domain actions -- Notification of membership to p…

As used in KRS 262.900 to 262.920, unless the context clearly indicates otherwise: (1) "Agricultural conservation easement" or "easement" means an interest in land, less than fee simple, which represents the right to restrict or prevent the development or improvement of the land …

(1) The General Assembly hereby finds and declares that it is a policy of the Commonwealth to retain agriculture and enhance the contribution that agriculture makes to its economy. A program to retain and enhance agriculture is in the economic best interests of the Commonwealth a…

(1) The Commonwealth is hereby authorized to acquire agricultural conservation easements or other property interests. The property interest acquired may be any less-than-fee-simple interest, including an easement, life estate, covenant, or other contractual right. Acquisition may…

Board of directors. (1) There is hereby created the Purchase of Agricultural Conservation Easement Corporation which shall oversee all issues involving purchases of agricultural conservation easements. The corporation shall be a de jure municipal corporation and political subdivi…

(1) The PACE board shall have the following responsibilities: (a) Implementing a Purchase of Agricultural Conservation Easement Program in the Commonwealth as provided by this section, including the development and promulgation of any administrative regulations required; (b) Maki…

(1) During the term of an easement, the restricted land shall be used solely for the production of crops, livestock and livestock products, and nursery and greenhouse products including the processing or retail marketing of these crops, livestock and livestock products, and nurse…