Title XV, Roads, Waterways, and Aviation

of first class or consolidated local government. The provisions of KRS 178.350 to 178.385 shall apply only in counties containing a city of the first class or a consolidated local government.

overhead or underpass structure crossing county road. (1) Whenever the fiscal court considers it reasonably necessary for the public safety, it may in the manner hereinafter provided, order any railroad company, either steam or electric, owning or operating a railroad in its coun…

(1) After June 19, 1952, if the fiscal court proposes to construct a new county road across an existing railroad, or a railroad company proposes to construct a new railroad across an existing county road, the party proposing such construction shall provide the other party with pl…

All contracts let by the railroad company under KRS 178.350 to 178.385 shall be submitted to and approved by the county road engineer.

After the construction of any grade separation under KRS 178.350 to 178.385, the county shall maintain the roadway paving and sidewalks. If the road crosses the railroad by an overhead bridge or elevated structure, the county shall maintain the bridge or structure and its approac…

(1) Any railroad company dissatisfied with a final order of the fiscal court directing the elimination of any existing grade crossing or change of existing overhead or underpass structure under KRS 178.355, or a final order in respect of a new crossing under KRS 178.360, may, wit…

Either the county or the railroad company dissatisfied with the final judgment of the Circuit Court may appeal to the Court of Appeals in accordance with the Rules of Civil Procedure.

If any railroad company fails to comply with any order of the fiscal court issued under authority of KRS 178.350 to 178.385 or with a final judgment of the Circuit Court or Court of Appeals, the county through its fiscal court may cause to be instituted in the Circuit Court of th…

As used in KRS 178.405 to 178.425, "general public" means any person in addition to an owner, agent, or tenant of property that abuts any road, street, or highway.

When any private road, street, or highway in an unincorporated area in any county has been used by the general public openly, continuously, and notoriously for a period of at least fifteen (15) years, it shall be implied that such road, street, or highway may be dedicated to publ…

Upon application by any person or corporation, public or private, the fiscal court shall determine whether the conditions of KRS 178.405 have been satisfied. If the court's determination is in the affirmative, it shall notify the county works department and other appropriate agen…

When the fiscal court has made a determination in accordance with the provisions of KRS 178.410 that the road, street, or highway has been dedicated to public use, the county shall have a fee simple title to the part of the road, street, or highway which the plat, filed in the of…

The county works department shall maintain a road, street, or highway which it has acquired pursuant to the provisions of KRS 178.405 to 178.425 in the same manner as it maintains any other county road.

The provisions of KRS 178.405 to 178.425 do not apply to any private road, street, or highway while it exists as a dead-end passway with less than four (4) platted lots or with less than four (4) lots that are not platted. At the time such passway is no longer a dead- end passway…

(1) Any county road engineer who fails to comply with the provisions of KRS 178.050 shall be fined not less than ten ($10) nor more than one hundred dollars ($100) for each offense. (2) Any county road engineer who makes a change in the location of a road without complying with t…

As used in this chapter, unless the context otherwise requires: (1) "County roads" are as defined in KRS 178.010. (2) "County engineer" means county road engineer. (3) "Obstructions" includes any object which prevents the easy, safe and convenient use of a county road for public …

(1) The county judge/executive of each county, with the consent of the fiscal court, may employ a county road engineer. Any person so employed shall be either a civil or highway engineer licensed in accordance with KRS Chapter 322, or a person who successfully passed an examinati…

successors. (1) The county engineer shall have a properly furnished and equipped office at the county seat of his county. (2) The fiscal court shall furnish the county road engineer and his employees in the county with all necessary books, stationery and printed forms for the rec…

In all counties levying a road tax amounting to over fifty thousand dollars ($50,000), the fiscal court shall, and in other counties the fiscal court may, furnish the county engineer with transportation in performing duties connected with the superintending, construction, repair …

(1) The county judge/executive may remove the county engineer, appointed under KRS 179.020, at any time for incompetency, malfeasance or misfeasance in office upon written charges after a hearing of which ten (10) days' notice shall be given by serving a copy of the charges upon …

plan in certain counties. (1) The county engineer shall: (a) Have general charge of all county roads and bridges within the county; (b) See that county roads and bridges are improved and maintained as provided by law; (c) Supervise the construction and maintenance of county roads…

engineer when contractor fails. (1) If any citizen of a road precinct complains to the county engineer, that any contractor has failed to keep his section of road in repair in accordance with the specifications, the county engineer shall cause examinations to be made within five …

(1) No county engineer shall employ as a laborer on the public roads, his father, son, son-in-law, grandson, brother, brother-in-law, nephew, or first cousin by blood. (2) On January 1 and July 1 and at such other times as the fiscal court or the county judge/executive requires, …

With the approval of the fiscal court the county engineer may lease or hire stone crushers, road rollers, traction engines and other road machinery. The expense thereof shall be paid by the fiscal court as other such claims are paid by it out of the road fund for the repair and i…

Payment of cost. When a county road is suddenly obstructed or a county bridge becomes unsafe, if it is under contract for continuous maintenance as provided in KRS 178.140, the county engineer shall immediately notify the contractor on whose section of road the obstruction occurs…

removed -- Hedges to be trimmed. When ordered by the fiscal court, every owner and manager of lands bordering on the public roads shall clear away and carry from alongside the roads, all bushes, weeds, shrubs and overhanging limbs of trees and other obstructions, and keep all hed…

(1) The brush, bushes, weeds, overhanging limbs of trees and all other obstructions along the roads shall be removed between July 1 and August 20 of each year, and the county engineer shall publish in some county paper for at least two (2) consecutive weeks before July 1 of every…

roads. (1) The owner or occupant of land situated along a public road shall remove from the right-of-way, all obstructions, including fences and buildings, which have been placed there either by himself or by his consent. (2) No person shall kill a tree and leave it standing with…

Telephone, telegraph, electric railway or other electrical companies shall remove and reset poles and wires when they obstruct the use of public roads.

Pipeline companies whose lines have been laid across or along any public road shall fill up all excavations made by them and shall make the public road in all respects as good as it was before the excavation was made, and keep it in such condition.

The cost of relocating any utility facilities originally constructed on other than public right of way required to be moved in the reconstruction or improvement of a public road shall be borne by the Department of Highways in the case of a road on the state system of highways, or…

If the obstructions are not removed or reset, or if the excavations are not properly filled and maintained, within thirty (30) days after the service of a notice by the county engineer personally or by mail upon the owner or occupant or upon the company at its principal place of …

Collection and disposition of charges. Before assessing the costs of removing obstructions or resetting poles and wires as provided in KRS 179.240 to 179.270, the county engineer shall serve personally, or by mail, upon the owner or occupant, a written notice, stating that at the…

Every railroad company, including traction line companies, which obstructs any public road, shall as far as possible put the road so obstructed in as good condition at every crossing of the railroad as it was before the obstruction, within six (6) months after the completion of t…

The county road engineer may enter upon any of the lands adjacent to any public road for the purpose of opening any existing ditch or drain, or for digging a new ditch or drain for the free passage of water for the drainage of public roads. He may enter upon land adjoining stream…

(1) When lands are entered upon under the provisions of KRS 179.300, the county engineer may agree with the owner of the lands subject to the approval of the fiscal court, as to the amount of damages sustained by the owner because of the entry, and the amount of damages shall be …

(1) When authorized or directed by the fiscal court, the county engineer shall cause guideboards to be made and placed at each intersection of a county road with another county road or with a state highway. The guideboard shall indicate the direction and distance to the county se…

signs. (1) Every county road shall be known by the name by which it was designated on the map or plat or record in the office of the county clerk of the county in which it is located or by the order of the court establishing the road, or by the deed conveying the right-of-way for…

When directed to do so by the Department of Highways, the county engineer shall cause all public roads within his county to be measured. Measurement shall be made either by the use of the cyclometer or otherwise as directed. The report on the measurement shall indicate the roads …

repair bridge when owner fails. (1) Whenever complaint in writing, on oath, is made to the county engineer that a privately owned toll bridge in the county is unsafe for public use, the county engineer shall immediately cause an examination of the bridge to be made, and if he fin…

(1) If it appears necessary to close a county road or bridge which is being constructed or repaired, the county engineer shall execute a notice in duplicate, stating the necessity for closing the road or bridge, and describing the portion to be closed. He shall cause a copy of th…

and schools. All counties may accept donations in fee to roads and driveways used by the public in connection with churches, cemeteries and public school buildings. After such acceptance by any county, such roads and driveways shall become a part of the county road system and may…

(1) The owner or tenant of lands fronting on a public road shall construct and keep in repair all approaches or driveways to and from the public road under the direction of the county engineer. (2) No owner or tenant shall fill up any ditch or place anything in any ditch so as to…

purposes -- Contract or cooperative agreement with department for construction, reconstruction, and maintenance of county roads and bridges. (1) The fiscal court of any county receiving state aid shall appropriate sufficient money to keep all county roads in the county in good re…

The Department for Local Government shall allocate the sum appropriated by the General Assembly from the funds arising under the provisions of KRS 177.320(2), for the construction, reconstruction, improvement, and maintenance of county roads and bridges in accordance with the pro…

(1) On and after the fiscal year beginning July 1, 1980, and each fiscal year thereafter, the Department for Local Government shall pay to each county its pro rata share of any funds appropriated and any unexpended balance of funds appropriated for construction, reconstruction, i…

on gravel roads -- Use of funds by county -- Report. (1) As used in this section: (a) "Chip seal" means a pavement surface treatment that combines one (1) or more layers of asphalt with one (1) or more layers of gravel or fine aggregate; and (b) "Reclaimed asphalt pavement" or "R…

Nothing in KRS 179.410 and 179.415 shall prohibit any county from spending county road funds for the further and additional maintenance, reconstruction and improvement of county roads.

No county engineer shall directly or indirectly influence or attempt to influence any voter in any election in the casting of his vote.

(1) In counties containing a city with a population equal to or greater than eight thousand (8,000) but less than twenty thousand (20,000), and not containing a city of the first class or a consolidated local government, any street or road located outside of the corporate limits …