KRS § 146.290 — KY Code / Title XII / Chapter 146 / Section 146.290
146.290 Land uses permitted in stream area -- Change of use
Status: in_force

146.290 Land uses permitted in stream area -- Change of use.

(1) The provisions of this section shall not apply to those uses existing at such time as a

stream is included in the system.

(2) Land uses to be allowed within the boundaries of a designated stream area shall be

as follows:

New roads, structures or buildings may be constructed only where necessary

to effect a use permitted under the other provisions of KRS 146.200 to 146.360.

Utility lines or pipelines may be constructed as approved by the office in writing

and under provision that the affected land be restored as nearly as possible to its

former state. This provision, however, shall in no way affect the rights between a

landowner and a utility company or pipeline company. There shall be no strip

mining as defined in KRS 350.010, and select cutting of timber or other resource

removal and agricultural use, may be allowed pursuant to regulations promulgated

by the secretary upon the granting of a permit under the other provisions of KRS

146.200 to 146.360. All instream disturbances such as dredging, shall be prohibited.

Except for the management agency and any existing uses which do not conform to

the purposes and intent of KRS 146.200 to 146.360, travel upon a wild river or any

public lands within the designated boundaries thereof, shall be by foot, horseback,

canoe, boat or other nonmechanical modes of transportation. If there are existing

agricultural areas within the boundaries of the area, such areas may continue to be

used for agricultural purposes.

(3) Any landowner within the boundaries of the area may apply to the office for a

change of use to permit the select cutting of timber, a resource removal or an

agricultural use upon his property located within the area. The office shall provide

public notice within thirty (30) days of the receipt of the permit application, and the

landowner or any interested person may, within thirty (30) days of the public notice,

request a public hearing and provide any evidence or information as to whether the

proposed use by the applying landowner is in accordance with the management plan

developed pursuant to KRS 146.270, the purpose and intent of the Wild Rivers Act

as expressed in KRS 146.220, and other applicable law.

(4) The office shall, within thirty (30) days of the close of the comment period, or

public hearing, if one is requested, either:

(a) Issue an order, with accompanying opinion, denying the permit; or

(b) Issue an order, with accompanying opinion, granting the permit with such

restrictions, terms and conditions as are appropriate to protect to the fullest

extent possible the wild rivers area and the public trust therein within the

intent of KRS 146.220; or

(c) Recommend an alternate use to which the land may be put under KRS

146.200 to 146.360 which is more consistent with the purposes and intent of

KRS 146.200 to 146.360 than the use for which application was made; or

(d) Institute condemnation proceedings in the circuit court of the county in which

the land is located or else negotiate a purchase of the land affected, or any

interest therein.

(5) On or before thirty (30) days from the date of the office's determination, the

landowner may file with the office a written objection to the determination. If,

within the next sixty (60) days the landowner and the secretary are unable to reach

an agreement with respect to a modification of the determination, the office must

either permit the use applied for, condemn the property, or petition the Franklin

Circuit Court for an order restraining the proposed use. The order shall be entered

immediately upon the filing of the petition and the execution of a bond without

surety by the Commonwealth in an amount satisfactory to the court to indemnify the

landowner against loss of profits from any wrongful restraint of the use of his

property during the period from the filing of the petition until such time as the

matter is concluded by the courts. The court shall review the decision as to both law

and fact; but no factual finding shall be reversed unless clearly erroneous or else

arbitrary, capricious, or an abuse of discretion.