Title XXI, Agriculture and Animals

(1) "Board" means the board of supervisors of a conservation district; (2) "Commission" means the Conservation Commission; (3) "District" means a conservation district whenever used in KRS 262.010 to 262.660 or a watershed conservancy district whenever used in KRS 262.700 to 262.…

purpose. The purpose of a soil and water conservation district is to conserve and develop all renewable natural resources within the district. In so doing, the district is authorized to undertake, sponsor, or participate in projects and activities which promote the conservation, …

Water Conservation Commission. All of the functions of the State Soil Conservation Committee provided in this chapter are hereby transferred to and shall be exercised by the Soil and Water Conservation Commission.

The commission shall: (1) Supervise the organization and discontinuance of soil conservation districts. (2) Supervise the appointment of members of soil conservation district boards of supervisors. (3) Secure the cooperation and assistance of other agencies of the federal, state …

Appropriations out of the State Treasury to finance the program of the Soil and Water Conservation Commission shall be paid out directly on the orders of the chairman, and shall be used to pay the expenses of the commission.

Exception. (1) The supervisors of the respective soil and water conservation districts shall submit to the commission such statements, estimates, budgets, and other information at such time and in such manner as the commission requires. (2) The supervisors of the soil and water c…

(1) Any twenty-five (25) owners of land lying within the limits of the territory proposed to be organized into a district, and within counties that maintain a full-time county agricultural extension agent, may file a petition with the commission asking that a soil conservation di…

(1) Within thirty (30) days after a petition has been filed with the commission under KRS 262.100, it shall cause due notice to be given of a proposed hearing upon the questions of the desirability and necessity, in the interest of the public health, safety and welfare, of the cr…

After the commission has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for the organization of a district in a particular territory and has defined the boundaries of that district, it shall consider the question wh…

representation of opposing sides. (1) The commission shall pay all expenses for the issuance of notices and the conduct of the hearings and referendum provided for in KRS 262.110 and 262.120, and shall supervise the conduct of the hearings and referendum. It shall issue appropria…

(1) The commission shall publish the result of the referendum held under KRS 262.120 and shall then determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the commission determines that the operation of the d…

Term. (1) If the commission determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint three (3) supervisors to act with the four (4) supervisors elected as provided by KRS 262.220 and 262.24…

of committee. (1) The three (3) supervisors appointed under KRS 262.150 shall present to the Secretary of State an application signed by them, which shall set forth the following: (a) Recitals that a petition for the creation of the district was filed with the commission pursuant…

(1) The Secretary of State shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other district or so nearly similar as to lead to confusion or uncertainty, he shall receive and file the application …

(1) The territory of a district shall include all lands lying within the boundaries of a district, including incorporated cities and towns. (2) Petitions for including additional territory within an existing district may be filed with the commission, and the proceedings provided …

After the expiration of six (6) months from the date of entry of a determination by the commission, denying a petition for a proposed district, subsequent petitions covering the same or substantially the same territory may be filed and action taken thereon in accordance with KRS …

funds. (1) A district shall constitute a governmental subdivision of the state and public body corporate and politic, exercising public power. (2) The governing body of the district shall consist of a board of seven (7) supervisors. On organization of a district, the first two (2…

Nominating petitions shall be filed with the clerk of the county in which the district lies to nominate candidates for supervisors of the district. Such petitions shall be filed by at least the last date prescribed by the election law generally for filing certificates of nominati…

The county clerk shall cause the names of all nominees on behalf of whom nominating petitions have been filed under KRS 262.210 to be prepared for presentation to the voters in the regular elections as provided in KRS 117.145. In counties encompassing more than one (1) soil and w…

(1) The board shall select a chairman and may, from time to time, change that selection. (2) A majority of the supervisors shall constitute a quorum and the concurrence of a majority shall be necessary for a determination of the board.

Compensation -- Requirements to hold office -- Removal -- Immunity for official acts. (1) A supervisor's term begins on January 1 following his or her election. Supervisors shall be elected for four (4) years as their terms expire. Nominating petitions for supervisors shall be fi…

(1) The board may employ such employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. (2) The board may delegate to the chairman, to one or more supervisors, or to one or more agents or employees such powers and du…

Appropriation by city or county to assist in program. The board may by resolution invite the legislative body of any city and/or administrative body of any county (fiscal court) in which the district is located or nearby, to select a representative to consult with the board of th…

To carry into effect the purposes of this chapter, the board may make, and from time to time amend and repeal, regulations not inconsistent with this chapter.

furnished to commission. (1) The board shall provide for the keeping of a full and accurate record of all its proceedings and of all resolutions, regulations, and orders issued or adopted by it. (2) Notwithstanding KRS 65A.030, an audit of the accounts of each soil and water cons…

apply. (1) The board may obtain options upon and acquire in any way any property or rights or interests in property. It may maintain, administer and improve property acquired, receive the income therefrom and spend the income in administering this chapter. It may dispose of any o…

The board may conduct surveys, investigations and research relating to the character of soil erosion and the preventive and control measures needed, publish the results of the surveys, investigations or research and disseminate information concerning such preventive and control m…

The board may develop comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion within the district. The plans shall specify in such detail as may be possible, the acts, procedures, performances and avoidances which are necessar…

agencies. (1) The board may carry out preventive and control measures within the district, including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land and other measures of soil conservation listed in KRS 262.02…

benefits. (1) The board may make available or lease, on such terms as it prescribes, to landowners and occupiers within the district, agricultural and engineering machinery and equipment, including heavy or specialized equipment acquired pursuant to KRS 262.610, fertilizer, seeds…

The board may: (1) Take over and administer any soil-conservation, erosion-control or erosion- prevention project located within its boundaries undertaken by the United States or any of its agencies, or by this state or any of its agencies; (2) Manage, as agent of the United Stat…

(1) Whenever the board determines that uncontrolled soil erosion on some lands within the district is causing damage to other lands within the district, it may propose regulations governing the use of lands within the district in the interest of conserving soil and soil resources…

The board shall not enact land-use regulations into law until after it has caused due notice to be given of its intention to conduct a referendum submitting such regulations to the owners and occupiers of lands lying within the boundaries of the district, the referendum has been …

(1) Copies of the proposed land-use regulation shall be available for the inspection of all eligible voters during the period between publication of notice and the date of the referendum. The notices of the referendum shall recite the contents of the proposed regulation, or shall…

(1) The board shall supervise the referendum, prescribe appropriate regulations governing the conduct of the referendum and publish the result of the referendum. Only owners of lands within the district may vote in the referendum. (2) No informalities in the conduct of the refere…

(1) The board shall not enact a proposed land-use regulation into law unless at least ninety percent (90%) of the votes cast in the referendum have been cast for approval of the proposed regulation, and unless landowners voting to enact the proposed regulation own at least eighty…

Land-use regulations shall be uniform throughout the district except that the board may classify the lands within the district with reference to such factors as soil type, degree of slope, threatened or existing degree of erosion, cropping and tillage practices in use, and other …

Any landowner within a district may at any time file a petition with the board asking that any or all of the land-use regulations prescribed in any ordinance adopted by the board shall be amended, supplemented or repealed. Land-use regulations shall not be amended, supplemented o…

(1) The board may provide by ordinance that any landowner or occupier who sustains damages from any violation of land-use regulations by another landowner or occupier may recover damages from the other landowner or occupier for the violation. (2) The supervisors may go upon lands…

(1) Where a board finds that any of the provisions of land-use regulations are not being observed on particular lands, and that the nonobservance tends to increase erosion on those lands and is interfering with the prevention or control of erosion on other lands within the distri…

The court may dismiss the petition filed under KRS 262.430, or it may require the defendant to perform the work, operations or avoidances, and may provide that upon the failure of the defendant to initiate performance within the time specified in the order of the court and to pro…

The court shall retain jurisdiction of the case until after the work required by the court under KRS 262.440 has been completed. Upon completion of the work pursuant to the order of the court the board may file a petition with the court, a copy of which shall be served upon the d…

(1) A board that has adopted land-use regulations shall provide by ordinance for the establishment of a board of adjustment consisting of three (3) members, each to be appointed for a term of three (3) years, except that the members first appointed shall be appointed for terms of…

The members of the board of adjustment shall receive compensation for their services at the rate of five dollars ($5) per day for time spent on the work of the board of adjustment, in addition to expenses necessarily incurred in the discharge of their duties. The district board s…

(1) The board of adjustment shall adopt regulations to govern its procedures. The regulations shall be in accordance with this chapter and with any ordinance adopted pursuant to KRS 262.460. (2) The board of adjustment shall select a chairman from among its members, and may, from…

Any landowner or occupier may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardship in the way of his carrying out upon his lands the strict letter of the land-use regulations and praying the board of adjustment …

The board of adjustment shall fix a time for the hearing of the petition and cause due notice of the hearing to be given. The board of the district and the commission may appear and be heard at the hearing. Any owner or occupier of lands lying within the district who objects to t…

If, upon the facts presented at the hearing, under KRS 262.500, the board of adjustment determines that there are great practical difficulties or unnecessary hardship in the way of applying the strict letter of any of the land-use regulations upon the lands of the petitioner, it …

Any petitioner who has been aggrieved by an order of the board of adjustment granting or denying, in whole or in part, the relief sought, or the board of the district or any intervening party may obtain a review of the order of the board of adjustment in the Circuit Court for the…

(1) A petition for consolidating two (2) or more districts shall contain a unanimous resolution by each board of supervisors and filed with the commission requesting the mutual consolidation of these districts. The petition shall contain, as a minimum, the proposed name of the co…