KRS § 178.330 — KY Code / Title XV / Chapter 178 / Section 178.330
178.330 County through road system for county containing city of first class or consolidated local government -- Establishment -- Effect
Status: in_force

178.330 County through road system for county containing city of first class or

consolidated local government -- Establishment -- Effect.

(1) It is hereby declared that in counties containing a city of the first class or a

consolidated local government a system of county through roads over which traffic

can be routed or which can serve as major connecting links to state highways is a

necessary and integral part of a unified system of highways, roads, and streets

needed for the movement of traffic in such a metropolitan area and that the

construction, reconstruction, widening, relocation, repair, maintenance, and

improvement of such a system of county through roads is a proper and legitimate

public function as an alternative to other authorizations or requirements.

(2) The fiscal court of a county containing a city of the first class or the consolidated

local government, acting upon the basis of an engineering and traffic investigation

by the county road engineer, may designate for purposes of construction,

reconstruction, widening, relocation, repair, maintenance, and improvement from

among the public roads within the county certain roads proposed to constitute the

"county through road system." County through roads may include:

(a) Main traveled roads;

(b) Roads in unincorporated areas necessary for the circulation of traffic within

the county;

(c) Streets and roads through, within, or adjacent to cities of any class necessary

for the circulation of traffic within the county; or

(d) Major roads connecting two (2) primary roads maintained by the state.

County through roads shall not include roads on the state highway system.

(3) As soon as the proposed county through roads are designated as provided in

subsection (2) of this section, the fiscal court or a consolidated local government

shall cause such county through roads to be marked on a map to be deposited with

the county road engineer and to be open to public inspection. Upon the filing of the

map, the clerk of the fiscal court or the clerk of a consolidated local government

shall, in conformance with KRS 424.130(1)(b), have published in a newspaper of

bona fide general circulation within the county:

(a) A notice of the proposed adoption of a county through road system;

(b) A description of roads or portions thereof proposed to be included;

(c) Notice of the date upon which the fiscal court or a consolidated local

government will consider the adoption of the county through road system; and

(d) Notice that the map of the proposed county through road system is open to

inspection in the office of the county road engineer.

(4) At any time before the adoption of the county through road system, any freeholder

of the county may file a petition with the county road engineer asking for any

change in the designated county through roads, setting forth the reason for the

proposed change. Such petition shall be accompanied by a plat showing such

proposed change. Any such petition shall be considered by the fiscal court or the

consolidated local government at its meeting held on the date advertised in

accordance with subsection (3) of this section. The fiscal court or the consolidated

local government may accept or reject any such suggested changes in the proposed

county through road system. The fiscal court or the consolidated local government

may continue the consideration to a later meeting which must be advertised as

provided in subsection (3) of this section. The roads which the fiscal court or the

consolidated local government so designated by official resolution shall be

conclusively established as the county through road system.

(5) Classifications or designations of a county through road system established by this

section shall not affect or change classifications or designations made by other

sections of the Kentucky Revised Statutes such as "county roads," "main county

roads," "rural and secondary roads," "turnpikes," "city streets," or similar terms;

except that when there is an irreconcilable conflict arising from the actual

application of this section in a given instance and a designation or classification

made in other sections of the Kentucky Revised Statutes, this section shall prevail.

Nothing in KRS 178.020 to 178.040, 178.117, 178.330 to 178.337, 179.070, and

179.330 shall preclude the expenditure on the county through road system,

including portions within cities, of state funds allocated for public highways under

the provisions of KRS 179.410 and 179.415, or 177.320 to 177.369, or any other

section of the Kentucky Revised Statutes in accordance with the provisions of KRS

177.330, 177.340, or 179.440.

(6) The provisions of KRS 178.050 to 178.100 shall not apply to a county through road

system established or maintained under KRS 178.330 to 178.337.