Title XV, Roads, Waterways, and Aviation

Any governmental unit acquiring, constructing, maintaining, expanding, financing or improving any air navigation facilities or any airport facilities pursuant to the provisions of KRS 183.630 to 183.740 may, at the time of issuing the bonds for such acquisition, construction, mai…

Effect of other statutes. KRS 183.630 to 183.730 shall constitute a method for the acquisition, construction, maintenance, expansion, financing or improvement of air navigation facilities or airport facilities or any part thereof or interest therein, or contract for services ther…

The Kentucky Transportation Cabinet, any governmental unit, or the cabinet together with any governmental unit may contract with the federal government in regard to the development of airports under any Act of Congress providing federal aid to the states in airport development.

The cabinet may contract with a governmental unit or other person, and a governmental unit may contract with the cabinet or any person in regard to the development of airports and other aeronautical matters.

The cabinet is authorized to render financial assistance by grant or loan or both to any governmental unit in the development of an airport owned or controlled or to be owned or controlled by such governmental unit out of appropriations made by the General Assembly for such purpo…

Airport development in Kentucky may be undertaken and paid for by the state, the United States and governmental units. Costs for development may be borne by any one (1) of these or by any combination.

The cabinet may set apart out of moneys appropriated to it for state airport development an amount equal to any sum allotted to the state by the federal government or any sum necessary to carry on cooperative work with the federal government.

As a condition precedent to the expenditure of any state funds for the development of any airport in the state, the cabinet may require that the governmental unit or units shall have, or be in a position to acquire, all lands or other property interests which in the judgment of t…

The cabinet shall not expend any funds appropriated or made available by the state for the development of public airports, upon any private airports.

Whenever state funds are used or sought to be used, all governmental units in this state, whether acting alone or jointly with another governmental unit or with the United States government or with the state, shall comply with the terms of KRS 183.763 to 183.772 and all rules and…

The provisions of KRS 56.030 do not apply to land or interest in land or easements thereon partly or wholly paid for out of state funds used in the construction, alteration, or development of public airports in the state.

There is hereby created in the state treasury a special fund to be known as the "Kentucky Airport Development Fund". All moneys deposited or paid into this fund, including repayment of any loans made therefrom, are appropriated and shall be available to the cabinet for the purpos…

issues. (1) There is hereby created and established within the cabinet, a commission to be known as the "Kentucky Airport Zoning Commission" which, notwithstanding the provisions of KRS Chapters 100 and 147, shall be empowered to issue orders, rules, and regulations pertaining to…

(1) (a) The commission shall consist of six (6) members and the secretary of the Transportation Cabinet or in his absence his designated representative who shall be the ex officio chairman of the commission. The ex officio chairman of the commission shall not be entitled to vote …

(1) The cabinet shall assign an employee to serve as administrator of the commission. The administrator shall be an employee of the Department of Aviation. (2) In addition to commission administration responsibilities, the administrator shall perform such duties as are assigned b…

The commission shall be a body politic and corporate with the usual corporate attributes, including, but not limited to the power to sue and be sued, contract and be contracted with and to do all things reasonable or necessary to effectively carry out the duties prescribed. It sh…

The Franklin Circuit Court shall hold concurrent venue with the courts of this Commonwealth in all civil and injunctive actions instituted by the commission for the enforcement of applicable statutes, rules, regulations and orders issued.

All of the powers, provisions, and duties relating to the zoning and use of land, structures, and air space within and around military and public use airports, heliports, and sea plane bases within the state are hereby conferred upon, delegated to and vested in the commission. Th…

It is hereby found and declared that an airport hazard endangers the lives and property of users of the airport and of occupants of land in the vicinity, and in effect reduces the size of the area available for landing, taking off and maneuvering of aircraft, thus tending to dest…

(1) The commission shall require that every military and public use airport, heliport, and sea plane base in the state file with it, from time to time, as required, maps showing the airport and area surrounding the airport used for approach or landing purposes. The commission sha…

In addition to considering the regulations or standards promulgated by the Federal Aviation Administration in zoning the use of land and structures in areas over which jurisdiction is assumed, the commission shall consider among other things the safety of airport users and surfac…

When the commission has assumed zoning jurisdiction over an airport and surrounding area by appropriate regulation and the filing of a map with the zoning boundaries marked thereon, no person shall thereafter change, modify or alter the use of any land or structures within such a…

The commission shall have authority to establish by regulation reasonable application fees for the issuance of permits.

The commission shall establish by regulation the maximum height to which any structure may be erected within the navigable air space of the state. In establishing such maximum heights, the commission shall consider, among other things, the regulations or standards promulgated by …

Any person may petition the commission for a hearing regarding any orders issued, and upon receipt of a petition, the commission shall convene and hear the matter in accordance with KRS Chapter 13B. It shall thereafter vote on the matter, and issue its final order based on the de…

In any case in which it is desired to remove, lower or otherwise terminate a nonconforming use; or the approach protection necessary cannot, because of unconstitutional limitations, be provided by zoning regulations; or it appears advisable that the necessary approach protection …

In addition to any other penalty prescribed in this chapter, the commission may institute in any court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of this chapter or of any zoning regulations adopted, or of any order or ruling made in…

by appointees. The airport board created by a county containing a city with a population equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census, an urban-county government, or created jointly by a city of the first class and county i…

permitted. (1) Safety and security officers so appointed shall be peace officers and conservators of the peace. They shall have general police powers to arrest, without process, all persons who within their view commit any crime or misdemeanor. They shall possess all of the commo…

procedures when bomb, explosive or deadly weapon suspected. An air board may utilize electronic equipment or such techniques and procedures as it determines necessary to insure the safety of the public on airplanes and on airport property from persons using or attempting to use b…

All persons appointed as safety and security officers pursuant to KRS 183.110 and 183.880 to 183.886 shall, at the time of their employment, be: (1) Not less than eighteen (18) years of age; and (2) Comply with the requirements of KRS 61.300, other than the age and residency requ…

The airport board may provide for the appointment or promotion to the ranks and grades and positions of the department such officers and civilians as are considered by the airport board to be necessary for the efficient administration of the department. Such officers and civilian…

(1) Vehicles used for emergency purposes by the safety and security department of an airport board shall be considered as emergency vehicles and shall be equipped with blue lights and sirens and shall be operated in conformance with the requirements of KRS Chapter 189. (2) Safety…

(1) The airport boards, each having the power and authority to govern and control the method and purpose of use of property owned or occupied by their respective airports, including travel over such property, is each hereby confirmed in its authority to regulate the traffic and p…

No person shall falsely represent himself to be a safety and security officer, agent or employee of a safety and security department of an airport board and in such assumed character, arrest, or detain or search, or question, in any manner the person or property of any person, no…

(1) As used in this section, "laser" means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam. (2) A person shall not knowingly direct at an aircraft any light emitted from a laser device or any other source which is capable …

(1) Any person violating any of the provisions of this chapter with respect to operation of aircraft, or violating the provisions of any rule, regulation, or ordinance adopted under KRS 183.133(6), shall be fined not less than fifty dollars ($50) nor more than one thousand dollar…

Public road districts may be established in counties for the purpose of providing the general public and persons residing upon or owning property adjacent to such roads with all-weather roads, appropriate drainage of said roads and sidewalks on either or both sides of said roads …

cost. (1) A public road district may be established in accordance with the procedures of KRS 65.810 to improve any public road (which is neither a county road nor a state road) in the following areas: (a) Within cities containing a population equal to or greater than three thousa…

When a petition and plan of service have been submitted to the fiscal court as provided in KRS 65.810 and 184.020 the fiscal court shall turn these documents over to the county engineer for his consideration. The county engineer shall, within ten (10) days from his receipt of suc…

Removal of member. (1) In the event that a road district is created pursuant to KRS 65.810 and 184.020, the county judge/executive shall appoint, with the approval of the fiscal court, three (3) persons as members of the road district board of directors, whose duty it shall be to…

(1) Each director, before entering upon his official duties, shall take and subscribe to an oath before the county clerk that he will honestly, faithfully and impartially perform the duties of his office and that he will not be interested directly or indirectly in any contract le…

Compensation -- Regulations -- Approval of accounts and acts of directors -- Compliance with KRS 65A.010 to 65A.090 -- Dissolution of district. (1) The board of directors, which is hereby declared to be the governing body of the road district, shall keep a record of its proceedin…

The board of directors shall fix the time and place for regular meetings of the board and may hold such other meetings as are called by the chairman or any two (2) members of the board upon two (2) days' notice in writing to all members of the board. A majority of the directors s…

Upon qualification of the members of the board of directors, the board shall take up with its engineer the plans and specifications proposed for the construction or maintenance of the road, and may make such changes therein as may, within the scope of the improvement or maintenan…

contract. Upon the final approval of the plans and specifications, the board of directors shall adopt a resolution approving and accepting said plan, and advertising for bids for the construction or maintenance of the road according to such plans and specifications. The board sha…

When a bid has been accepted and the cost of constructing the road improvement or the cost of the maintenance has thus been determined, the board of directors shall prepare a statement of all costs of constructing the project or providing road maintenance (including the cost of o…

The assessment made by the board of directors against each owner of property abutting upon the road improvement shall be and become a lien on the property of such owner and shall be prior and superior to all other liens except those of taxes.

The board of directors shall notify each property owner in writing of the assessment made against him and shall also cause printed notices setting forth the assessments against each property owner to be posted in at least ten (10) public places along the road to be improved or ma…

(1) Any property owner who desires to exercise the privilege of payment by installment shall, before the expiration of said thirty (30) days, pay in cash one-tenth (1/10) of the assessment against him and enter into an agreement in writing with the road district that, in consider…