Title XII, Conservation and State Development

The process of locating routes of trails in the system shall be as follows: (1) For state scenic trails, the department shall select a route. The selected route shall be compatible with the preservation and enhancement of the environment it traverses. Reasonable effort shall be m…

All state agencies shall inform the commissioner of any proceedings, studies, or other activities which may affect any component of the system.

railroad corridors -- Evaluation of potential for conversion to railtrail. (1) The department shall review all formal declarations of railroad right-of-way abandonments by the Surface Transportation Board or other agency with jurisdiction and may review former railroad corridors …

Within the exterior boundaries of the right-of-way, the commissioner may acquire, on behalf of the state, lands in fee title, or interest in land in the form of scenic easements, or cooperative agreements. Acquisition of land or of interest therein may be by gift, purchase with d…

Within the exterior boundaries of the right-of-way, the natural vegetation shall be kept undisturbed except for any clearing required for construction of the trail, occasional vistas, or trail-use facilities described in KRS 148.750. The department shall make every effort to avoi…

The use of motorized vehicles by the general public within the right-of-way of any state scenic or recreation trail shall be prohibited and nothing in KRS 148.610 to 148.780 shall be construed as authorizing the use of motorized vehicles in these rights-of-way; provided, that the…

Any component of the system that is a part of any state park, recreation area, or similar area shall be subject to the provisions of KRS 148.610 to 148.780 and the acts under which the other areas are administered, and in the case of conflict between the provisions of these acts …

The department, in consultation with appropriate governmental agencies, and public and private organizations, shall establish a marker for trails contained in the system. An additional appropriate symbol characterizing specific trails may be included on the marker. The markers sh…

The Kentucky Trails System shall be administered by the department according to the policies and criteria set forth in KRS 148.610 to 148.780. The department shall have the responsibility for maintaining the trails and building bridges, campsites, shelters, and related public-use…

Segments of the state trails may be relocated when such relocation is deemed necessary to preserve or enhance the values for which the trails were established. Relocation may be accomplished by the department after consultation with other governmental agencies involved and follow…

Nothing in KRS 148.610 to 148.780 shall preclude a component of the state trails system from becoming a part of the national trails system. The commissioner shall coordinate the state trails system with the national trails system and is directed to encourage and assist any federa…

The department shall coordinate its efforts with and work with the Transportation Cabinet in so far as the provisions of KRS 148.610 to 148.780 and the provisions of KRS 174.100, 174.120, and 174.125 can be used to develop bicycling opportunities in the state.

Nothing in KRS 148.610 to 148.780 shall be construed as authorizing any person to enter upon or use the land in any manner without the consent of the owner.

KRS 148.610 to 148.780 may be cited as the "Kentucky Trails System Act."

There is hereby established in the State Treasury a separate trust and agency account to be known as the "Park Capital Maintenance and Renovation Fund" to be administered by the Department of Parks, with the approval of the Governor's Office for Policy and Management, for the pur…

to be deposited in fund. (1) On or after August 1, 1994, there shall be deposited in the fund created in KRS 148.800, the moneys attributable to any increase in fees and charges at the state's parks made by the department and designated by the commissioner as an increase for the …

(1) Funds in the park capital maintenance and renovation fund shall be used for the maintenance and renovation of park facilities. Maintenance shall include equipment purchases, used primarily in the maintenance of infrastructure and park facilities, and expenditures related to p…

-- Administrative regulations. The Department of Parks shall establish a promotion program within the Department of Parks to promote the sale of Kentucky-grown agricultural products, as defined in KRS 260.016, in state resort park restaurants, gift shops, concessions, and golf co…

(1) Any contract for the provision and sale of food services and agricultural products in state resort park restaurants, gift shops, concessions, and golf courses shall promote the sale of Kentucky-grown agricultural products under the Kentucky Proud™ Program in accordance with K…

agricultural products -- Administrative regulations. The Department of Parks shall establish a promotion program within the Department of Parks to require that if purchasing agricultural products, state parks purchase Kentucky- grown agricultural products if the purchasing office…

Termination. (1) The Department of Parks shall establish a steering committee which shall consist of: (a) The secretary of the Finance and Administration Cabinet, or a designee; (b) The Commissioner of Agriculture, or a designee; (c) The commissioner of the Department of Parks, o…

Conflicts of interest -- Powers. (1) The Tourism Development Finance Authority is created within the Tourism, Arts and Heritage Cabinet. The authority shall consist of nine (9) members appointed by the Governor, at least one (1) of whom shall represent individuals with profession…

As used in 148.851 to 148.860, unless the context clearly indicates otherwise: (1) "Agreement" means the tourism development agreement entered into between the authority and an approved company; (2) "Approved company" means any eligible company that has received final approval to…

(Effective until July 1, 2027) (1) The General Assembly finds and declares that: (a) The general welfare and material well-being of the citizens of the Commonwealth depend in large measure upon the development of tourism in the Commonwealth; (b) It is in the best interest of the …

New applications shall not be accepted or considered before August 1, 2014, or after May 1, 2018, for the sales tax incentive provided in KRS 148.853(3)(b)2. All projects with preliminary or final approval under KRS 148.851 to 148.860 on July 31, 2018, shall continue to be govern…

Incentives available -- Application, approval, and monitoring process -- Term of agreement -- Analysis of positive fiscal impact -- Legislative findings. (1) As used in this section: (a) "Legacy expansion project" means an expansion project approved under this section; and (b) "P…

facility project applications -- Consulting services -- Optional interagency review -- Cabinet recommendations. (1) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish standards for the making of applications for incentives and …

authority. (1) The authority shall establish standards for preliminary approval and final approval of eligible companies and their projects by the promulgation of administrative regulations in accordance with KRS Chapter 13A. (2) The authority shall consult with the secretary whe…

(1) The authority, upon adoption of its final approval, may enter into a tourism development agreement with any approved company. The terms of the agreement shall be negotiated between the authority and the approved company and shall include but not be limited to: (a) The amount …

and funding. (1) By November 1 of each year, the authority shall prepare an annual report. The report shall be posted to the Tourism, Arts and Heritage Cabinet's Web site. (2) The report shall include information for all projects approved after June 26, 2009. (3) The report shall…

KRS 139.536 and KRS 148.851 to 148.860 shall be known as the Kentucky Tourism Development Act.

(1) The General Assembly recognizes that the ridge top of Pine Mountain is a unique area desirable for the creation of a trail. Therefore, it is hereby declared that in order to afford the citizens of the Commonwealth an opportunity to enjoy this natural area, to attract out-of-s…

As used in KRS 148.870 to 148.892, unless the context otherwise requires: (1) "Department" means the Kentucky Department of Parks within the Tourism, Arts and Heritage Cabinet; (2) "Person" means an individual, trust, firm, estate, joint stock company, corporation, nonprofit corp…

-- Support facilities -- Limit to nonmotorized uses -- Cemeteries and burial grounds. (1) There is hereby designated a linear state park, the boundaries of which shall be determined by the department in accordance with this section known as the Pine Mountain State Scenic Trail, a…

(1) The power of eminent domain may only be exercised to acquire land in fee within the boundaries of the trail, except that the power of eminent domain shall not be exercised to acquire any privately owned dwelling, areas designated for residential structures and their surroundi…

Permissible land uses -- Ingress and egress -- Roads -- Rights of persons from whom property acquired -- Permit for change of use. (1) Within the boundaries of the trail, as designated by the department and once acquired: (a) The natural vegetation shall be kept undisturbed excep…

A fund for the purpose of carrying out the provisions of KRS 148.870 to 148.892 is hereby created, to be designated as the Pine Mountain State Scenic Trail fund, and shall consist of all revenues derived from privileges, concessions, contracts, or otherwise, and all moneys receiv…

regulations -- Trail maintenance. (1) The trail shall be administered by the department according to the policies and criteria set forth in KRS 148.870 to 148.892. Within six (6) months of the designation of the trail boundary, the department shall consider the needs of local are…

Nothing in KRS 148.870 to 148.892 shall be construed to confer upon any member of the public the right to use or enter upon private lands adjacent to the boundaries of the trail, or to confer on any member of the public the right to enter upon or use any private lands designated …

It shall be the duty of the department or, upon the secretary's request, the duty of the Attorney General to bring an action for the recovery of the penalties provided for in KRS 148.888, or to bring an action for a restraining order or temporary or permanent injunction to preven…

(1) Any person, corporation, city, county, or other governmental subdivision who violates any of the provisions of KRS 148.870 to 148.892 shall be liable for a civil penalty not to exceed five hundred dollars ($500) per day for any violation, and in addition may be enjoined from …

(1) Subject to the provisions of KRS 148.878(3)(a), nothing in KRS 148.870 to 148.892 shall be construed or interpreted as affecting, in any way, the legitimate use of surface and subsurface property adjacent to or visible from the trail, whether such use was in effect upon the d…

KRS 148.870 to 148.892 may be cited as the Pine Mountain State Scenic Trail Act.

(1) Any person who violates subsection (2) of KRS 148.051 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100), or imprisoned in jail for not less than one (1) day nor more than ten (10) days or both. (2) Any person who violates KRS 148.029 shal…

funded, time-limited employment permitted as determined by appointing authority. (1) There is hereby created and there shall be maintained within the Department for Natural Resources in the Energy and Environment Cabinet a Division of Forestry to supervise all forestry property a…

There shall be established and maintained within the nursery or nurseries of the Energy and Environment Cabinet a section or sections for the propagation of blight-resistant chestnut tree seedlings. Such seedlings shall be distributed to landowners and citizens of the Commonwealt…

(1) The Energy and Environment Cabinet may receive by donation, purchase, or lease lands for forestry purposes, and may convey, exchange, or lease said lands and may sell timber or other forest products thereon. In exercising this function the cabinet shall be exempted from any p…

The Energy and Environment Cabinet may establish forest reserves in places where the land is suitable for the growth of timber and for the propagation of wild animal life. It may lease lands suitable for the purpose of growing timber and adapted to the propagation of game and wil…

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 …