Title XXI, Agriculture and Animals

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…

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…