KRS § 262.910 — KY Code / Title XXI / Chapter 262 / Section 262.910
262.910 Use of restricted land during term of easement
Status: in_force

262.910 Use of restricted land during term of easement.

(1) During the term of an easement, the restricted land shall be used solely for the

production of crops, livestock and livestock products, and nursery and greenhouse

products including the processing or retail marketing of these crops, livestock and

livestock products, and nursery and greenhouse products if more than fifty percent

(50%) of the processed or merchandised products are produced on the subject land,

and for the raising and stabling of horses for commercial purposes. For the purposes

of this section and administrative regulations promulgated under its provisions,

"crops, livestock and livestock products, and nursery and greenhouse products"

include, but are not limited to:

(a) Tobacco;

(b) Wheat, soybeans, corn, and all commercially-produced fruits and vegetables;

(c) Horticultural specialties, including nursery stock ornamental shrubs,

ornamental trees, and flowers;

(d) Livestock and livestock products, including cattle; sheep; swine; goats;

horses; alpacas; llamas; buffaloes; any other animals of the bovine, ovine,

porcine, caprine, equine, or camelid species; poultry; milk; and eggs; and

(e) Aquatic plants and animals and their by-products.

(2) (a) During the term of an easement the landowner and the landowner's assigns,

agents, or leasees shall not perform, nor knowingly allow others to perform,

any act on or affecting the restricted land that is inconsistent with the

provisions of this section. The landowner shall be deemed to have authorized

the PACE board to enforce these provisions.

(b) Unless otherwise specified, the landowner shall not be required to take any

action to restore the condition of the restricted land after any act of God or

other event over which the landowner had no control.

(c) Nothing in the PACE Program shall relieve the landowner of any obligation

or restriction on the use of the property imposed by law.

(d) The Commonwealth shall not locate landfills, sewage treatment plants, or

other public service facilities that are not compatible with or complimentary

to agricultural production on restricted lands.

(3) (a) To retain the agricultural viability of the restricted land, the PACE board shall

require, and the owner of the restricted land shall implement, a conservation

plan approved by the soil and water conservation district. This plan shall be

updated every ten (10) years and any time the basic farming operation

conducted on restricted lands is changed. All farming operations shall be

conducted substantially in accordance with the plan.

(b) In addition to the requirements established by the soil and water conservation

district, the conservation plan shall require that:

1. The use of the land for growing sod, nursery stock, and ornamental trees

and shrubs does not remove excessive soil from the restricted land;

2. The excavation of soil, sand, gravel, stone, or other materials for use in

agricultural production on the restricted land is consistent with

subsection (4)(h) of this section and is conducted in a location and

manner that retains the viability of the restricted land for agricultural

production; and

3. The mining of minerals is consistent with subsection (4)(h) of this

section and is conducted only through the use of methods which will not

interfere with the viability of the restricted land for agricultural

production.

(4) The construction or reconstruction of any building or other structure, except those

existing on the date of the easement or previously approved by the PACE board, is

prohibited except in accordance with this subsection.

(a) Existing fences may be repaired and replaced, and new fences may be built

anywhere on the restricted land for purposes of reasonable and customary

management of livestock and wildlife, without approval of the PACE board.

(b) New buildings and other structures and improvements to be used solely for

agricultural purposes including the processing or sale of farm products

predominantly grown or raised on the restricted land, but not including any

dwelling or farm labor housing, may not be built on the restricted land without

the advance approval of the PACE board. The PACE board shall give

approval within a reasonable time, unless it determines that the proposed

building, structure, or improvement would not be properly located or would

significantly diminish the agricultural production capacity of the restricted

land.

(c) All existing single-family residential dwellings may be repaired, reasonably

enlarged, and replaced at their current locations without further permission of

the PACE board. No new single-family residential dwellings may be built on

the restricted land without the advance approval of the PACE board. The

PACE board shall give approval within a reasonable time, unless it determines

that a proposed dwelling would not be properly located or would significantly

diminish the agricultural production capacity of the restricted land.

(d) The subdivision of the restricted land, whether by physical or legal process, is

prohibited without the advance written approval of the PACE board. The

PACE board shall give approval within a reasonable time, unless it determines

that the proposed subdivision will diminish or impair the agricultural

productivity of the restricted land.

(e) The granting of rights-of-way through restricted land for the installation of,

transportation of, or use of, lines for water, sewage, electric, telephone, gas,

oil or oil products is permitted. The term "granting of rights-of-way" includes

the right to construct or install the lines. The construction or installation of

utility lines other than the types stated in this paragraph is prohibited on the

restricted land.

(f) No portion of the restricted land shall be paved or otherwise be covered with

concrete, asphalt, gravel, or any other paving material, nor shall any road for

access or other purposes be constructed, without the advance written approval

of the PACE board. The PACE board shall give approval within a reasonable

time, unless it determines that the proposed paving or covering of the soil, or

the location of any road, will substantially diminish or impair the agricultural

productivity of the restricted land.

(g) Trees may be cut to control insects and disease, to prevent personal injury and

property damage, and for firewood and other domestic uses, including

construction of permitted buildings and fences on the restricted land. Trees

may also be cut to clear land for cultivation or use of livestock, but only if

done in accordance with the conservation plan required by subsection (3) of

this section. Any commercial timber harvesting on the restricted land shall be

conducted on a sustainable yield basis and in substantial accordance with a

forest management plan prepared by a competent professional forester.

(h) The mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel or

any other mineral substance, using any method that disturbs the surface of the

land, is prohibited without the advance written approval of the PACE board.

The PACE board shall give approval within a reasonable time, unless it

determines that the proposed mining or extraction will substantially diminish

or impair the agricultural productivity of the restricted land.

(i) The dumping or accumulation of any kind of trash or refuse on the restricted

land is prohibited. However, this shall not prevent the storage of agricultural

products and by-products on the restricted land, so long as it is done in

accordance with all applicable laws, administrative regulations, and

ordinances.

(j) Golf courses are prohibited on the restricted land. Buildings and facilities for

any other public or private recreational use may not be built on the restricted

land without the advance written approval of the PACE board. The PACE

board shall not give approval unless it determines that the proposed use or

facilities will not substantially diminish or impair the agricultural productivity

of the restricted land.

(k) Notwithstanding any other provision of this section to the contrary, upon a

proper application, which shall include supporting documentation from the

appropriate federal agency, the PACE board may give its written approval of

a proposal to erect structures, roads, and pathways on the surface of the

restricted land as long as:

1. An underground training facility for federal agency personnel exists

below the restricted land surface;

2. Any such structures, roads, or pathways constructed will be used for the

purpose of training federal agency personnel; and

3. The applicant:

a. Signs an agreement with the PACE board requiring the applicant

to:

i. Remove such structures, roads, or pathways; and

ii. Restore the land to its previous condition and to the

satisfaction of the PACE board on or before a date that is

specified in the agreement;

b. Provides documentation of the county fiscal court's consent to the

construction of the proposed structures, roads, or pathways; and

c. Agrees in writing to all of the requirements for the exemption as

established by the PACE board.

(5) Landowners shall retain the right to perform any act not specifically prohibited or

limited by this section and administrative regulations promulgated under its

provisions. These ownership rights include but are not limited to the right to

exclude any member of the public from trespassing on the restricted land and the

right to sell or otherwise transfer the restricted land to anyone of the landowner's

choice.