KRS § 148.878 — KY Code / Title XII / Chapter 148 / Section 148.878
148.878 Limitations on activities within boundaries of trail -- Motorized vehicles -- Permissible land uses -- Ingress and egress -- Roads -- Rights of persons from whom property acquired -- Permit for change of use
Status: in_force

148.878 Limitations on activities within boundaries of trail -- Motorized vehicles --

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 except for any clearing

required for construction of the trail, occasional vistas, or trail-use facilities

described in KRS 148.870 to 148.892, except as provided under paragraph (c)

of subsection (3) of this section. Development and management of each

segment of the trail shall be designed to harmonize with and complement any

established multiple-use plans for that specific area in order to ensure

continual maximum benefits from the land;

(b) Hunting of wild game shall be permitted only on or along areas as identified

and permitted in administrative regulations as promulgated by the Department

of Fish and Wildlife Resources after consultation with the Department of

Parks, and as permitted under paragraph (c) of subsection (3) of this section;

and

(c) The use of motorized vehicles by the general public within the boundaries of

the trail shall be limited, and nothing in KRS 148.870 to 148.892 shall be

construed as authorizing the use of motorized vehicles in this area, except

upon existing or newly constructed public roadways within the boundaries of

the trail and as provided under paragraph (c) of subsection (3) of this section.

(2) The department may promulgate administrative regulations authorizing the use of

motorized vehicles on areas other than public roadways, when these vehicles are

required to meet emergencies where life or health is at risk, or to enable adjacent

landowners to have access to their lands or mineral rights, as provided under

paragraphs (a) and (c) of subsection (3) of this section.

(3) (a) Except as expressly authorized in KRS 148.870 to 148.892 or in the

administrative regulations promulgated by the department, or as may be

allowed under a change of use permit issued by the department, permissible

land uses within the boundaries of the trail as designated by the department

shall be as set forth in this section. Uses that lawfully existed on July 15,

2002, may continue. After the trail boundaries are designated, new or

additional uses shall be in compliance with the policy and purposes of KRS

148.870 to 148.892 and shall minimize disturbance to the trail. Above-ground

blasting operations authorized under the provisions of KRS 351.315 to

351.375, except those operations conducted on sites utilizing no more than a

total of ten thousand (10,000) pounds of explosives or the equivalent on the

site, shall be prohibited for new or additional uses within an area of one

thousand two hundred fifty (1,250) feet outward from the crest of Pine

Mountain on the portion of the trail from Breaks Interstate Park to Bad Branch

State Nature Preserve and within an area of five hundred (500) feet outward

from the boundary of the trail on the portion of the trail from Bad Branch

State Nature Preserve to Pine Mountain State Resort Park. Select cutting of

timber or other resources removal may be allowed pursuant to KRS 148.870

to 148.892 and administrative regulations promulgated by the department

upon the issuance of a change of use permit. Unless the property is purchased

by the department, any net revenue from the cutting of timber or other

resources removal shall inure to the benefit of the owner of the property or

property rights from which the Commonwealth acquired the property. In

promulgating administrative regulations related to KRS 148.870 to 148.892

and in developing the management plan as set forth in KRS 148.882, the

department shall schedule public hearings in the county in which the trail lies

that is affected by the administrative regulations and management plan.

(b) In the development of management plans as set forth in KRS 148.882, the

department shall include provisions to allow for means of ingress and egress

as provided in paragraph (c) of this subsection by owners of property rights

affected by the creation of the trail, and for the construction of new roads,

utility facilities, and pipelines that would encroach upon the trail. The

department shall promulgate administrative regulations setting forth the

procedures required to establish means of ingress and egress relating to

obtaining rights-of-way, easements, and permits necessary for the construction

of new roads, utility facilities, and pipelines that encroach upon the trail.

(c) When the Commonwealth acquires land for the trail authorized by KRS

148.870, regardless of whether the trail property is acquired by purchase,

eminent domain, donation, or otherwise restricted, the person from whom the

property is acquired or restricted or their successor in title shall have the

following rights with regard to the property which has been acquired or

restricted by the Commonwealth:

1. Ingress, egress, and access to trail property for purposes specified in this

section or any other provision of law;

2. An easement to use trail property for the purpose of access to adjacent

land of the same property owner or their successor, including but not

limited to motorized travel;

3. To hunt, fish, or trap on that portion of trail property formerly owned, in

accordance with applicable law and administrative regulations;

4. To gather and remove edible, medicinal, or ornamental plants and herbs

from that portion of the trail property formerly owned, in accordance

with applicable law and administrative regulations; and

5. To access and maintain a cemetery and burial grounds on that portion of

trail property formerly owned.

(d) The rights specified in this section or other provisions of law or administrative

regulation shall be included in any judgment when property or an interest

therein is taken or restricted by eminent domain and shall be included in any

contract for purchase, donation, or other acquisition of the property or an

interest therein unless voluntarily waived in that document.

(4) Any person owning property or property rights within the boundaries of the trail

may apply to the department for a change of use permit. The secretary or the

secretary's designee shall hold a public hearing after public notice on the application

within sixty (60) days. Any person shall be allowed to present evidence as to

whether the use proposed by the applicant is in accordance with the management

plan developed pursuant to the provisions of KRS 148.870 to 148.892, the

administrative regulations promulgated pursuant to KRS 148.870 to 148.892, and

other applicable law.

(5) The secretary shall, within sixty (60) days after a hearing, issue an order and

accompanying opinion granting the permit, denying the permit, or recommending

an alternative use to which the land may be put that is more consistent with the

provisions of KRS 148.870 to 148.892 than the use for which the application was

made. Any aggrieved party to the hearing shall have the right to petition the local

Circuit Court in which the property lies within thirty (30) days after issuance of the

secretary's order.