KENTUCKY

REVISED

STATUTES

KRS 149.330

KRS 149.332

KRS 149.334

KRS 149.342

KRS 149.344

KRS 149.346

KRS 149.348

KRS 149.350

KRS 224.10-100
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Preface 

Kentucky's statutes are grouped by topic, with each topic being assigned 

to a particular chapter. The chapter containing the major elements of 

Kentucky's forest protection laws is KRS Chapter 149. 

This presentation discussed KRS 149.330 to 149.355. The provisions within this 

chapter are grouped into subchapters, sections, subsections, paragraphs, and 

subparagraphs based on common factors. For example, all subsections within a 

particular section have some element in common, as do all sections within a 

particular subchapter. The hierarchical structure for the groupings is as follows: 

KRS Kentucky Revised 

Statute 149 Chapter 

.330 Subchapter 

-000 Section 

(1) Subsection 

(d) Paragraph 

1. Subparagraph 
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149.330 Definitions for KRS 149.330 to 149.355. 

As used in KRS 149.330 to 149.355, unless the context requires otherwise: 

(1) "Best management practices" means effective, practical, economical, 

structural, or nonstructural methods that prevent or reduce the movement of 

sediment, nutrients, pesticides, and other pollutants from the land to surface or 

groundwater, or that otherwise protect water quality from potential adverse 

effects of timber harvesting operations as developed by the Division of Forestry 

and approved by the Agriculture Water Quality Authority; 

(2) "Cabinet" means the Energy and Environment Cabinet; 

(3) "Director" means the director of the Division of Forestry; 

(4) "Division" means the Division of Forestry; 

(5) "Logger" means any person who conducts timber harvesting operations for 

commercial purposes; 

(6) "Operator" means any person who operates or exercises control over any 

timber harvesting operations; 

(7) "Person" means any natural person or any director, officer, or agent of a

partnership, corporation, association, society. joint stock company, firm, 

company, or business organization, "Person" also means any agency or 

instrumentality of federal, state, or local government, including any publiclyowned utility or any publicly-owned corporation of federal, state, or local 

government; 

(8) "Timber harvesting operations" means activities directly related to the cutting or 

removal of trees from the forest as a raw material for commercial processes or 

purposes, including timber preharvesting and postharvesting activities 

associated with the implementation of appropriate best management practices. 

"Timber harvesting operations" does not include: 

(a) The cutting of firewood; 

(b) The cutting of evergreens grown for and cut for the traditional Christmas 

holiday season; 

(c) The removal of trees incidental to clearing for coal mining or farm purposes 

or incidental to ground-disturbing construction activities, including well 

sites, and access roads and gathering lines for oil and natural gas 

operations; 

(d) The cutting of trees for maintaining existing, or during construction of, rightsof-way for public highways or public utilities, unless those trees are being 

sold or provided as raw material for commercial wood product purposes; or 

(e) The cutting of trees by an individual, nonindustrial landowner on his own 

property, if the cutting is performed by the individual, nonindustrial 

landowner; and 

(9) "Water pollution" has the same meaning as in KRS 224.01-010. 

Effective: June 24, 2015

History: Amended 2015 Ky. Acts ch. 41, sec. 1, effective June 24, 2015. -- Amended 2010 

Ky. Acts ch. 24, sec. 158, effective July 15, 2010. -- Created 1998 Ky. Acts ch. 555, sec. 1, 

effective July 15, 1998.
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149.332 Legislative findings and declarations - Purpose - Construction with 

other laws. 

The General Assembly finds, determines, and declares as follows: 

(1) Healthy, sustainable forests that are ecologically sound provide economic 

opportunities and benefit the overall quality of life for all Kentuckians; 

(2) High quality forests provide clean air and water and biodiversity; 

(3) A diverse forest economy must include forest product industries, recreation, 

and tourism; 

(4) Timber harvesting operations must be conducted in an ecologically sound 

manner;

(5) Kentucky must promote the stewardship of its public and private forest lands 

while recognizing the rights and responsibilities of private landowners; 

(6) Comprehensive continuous forest inventories are needed to provide 

information to make decisions to meet present and future needs; 

(7) Increased awareness of the economic, social, and ecological importance of 

Kentucky’s forests is needed to: 

(a) Educate the public and industry in order to make wise decisions for the future 

of the forest resource; and 

(b) Recognize and respond to threats to the forest resource; 

(8) It is the purpose of KRS 149.330 to 149.355 to provide private landowners 

and loggers with education, technical assistance, and incentives that 

encourage them to manage their properties and carry out timber harvesting 

operations that will assure sustainable forests in the Commonwealth; and 

(9) KRS 149.330 to 149.355 shall not be construed as affecting the requirements 

of any other laws of the Commonwealth relating to environmental protection, 

including water quality or forestry. 

Effective: July 15, 1998 

History: Created 1998 Ky. Acts ch. 555, sec. 2, effective July 15, 1998. 
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149.334 Powers and duties of cabinet as to forest conservation - Authority for 

administrative regulations. 

In addition to any other -powers and duties vested in it by law, the cabinet has the 

authority, power, and duty to: 

(1) Promote the sustainability of Kentucky's forest ecosystems; 

(2) Improve, maintain, and protect the health and condition of Kentucky's forest 

resources; 

(3) Promote the most efficient utilization of forest resources; 

(4) Provide educational opportunities to increase landowner, logger, and public 

appreciation, awareness, and knowledge of Kentucky's forests; and 

(5) Promulgate administrative regulations under KRS Chapter 13A to accomplish 

the purposes of KRS 149.330 to 149.355. 

Effective: July 15, 1998 

History: Created 1998 Ky. Acts eh. 555, sec. 3, effective July 15,1998. 
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149.342 Timber harvesting operations -- Master logger training and educational 

requirements -- Temporary master logger designation. 

(1) After two (2) years from July 15, 1998, no person shall conduct timber harvesting 

operations within the Commonwealth unless there is on the site during the timber 

harvesting operations at least one (1) logger in charge of the harvest who has 

successfully completed the Master Logger Program or who has received a 

temporary master logger designation in accordance with the cabinet requirements 

as provided for in subsection (4) of this section. 

(2) After successful completion of the Master Logger Program, continuing 

education shall be required of the loggers every three (3) years. 

(3) The cabinet shall specify the education and training requirements for the Master 

Logger Program as developed by the University of Kentucky, the Kentucky Forest 

Industries Association, and the division, shall specify the requirements for 

continuing education, and, may establish a basic fee for the program that bears a 

reasonable relationship to the cost of training. 

(4) The cabinet shall specify requirements for a temporary master logger 

designation, which shall be valid for four (4) months. 

(5) A logger or operator who uses a temporary master logger shall notify the 

division prior to beginning the timber harvesting operation on which a temporary 

master logger is on site and in charge. 

(6) The division shall maintain a current list of all loggers who have successfully 

completed the Master Logger Program and required continuing education, and shall 

make the list available to the public. All master loggers shall provide the cabinet with 

a published phone number. 

(7) Loggers who have previously completed the Kentucky Master Logger Program are 

considered to be in compliance with subsection (1) of this section. 

(8) Any logger who primarily uses mules or horses in the logging operation shall be 

exempt from the Master Logger Program. 

(9) After two (2) years from July 15, 1998, all state parks shall have on staff at least one 

(1) employee who has completed the Master Logger Program. 

Effective: June 20, 2005 

History: Amended 2005 Ky. Acts ch. 39, sec. 1, effective June 20, 2005. - Created 1998 Ky. Acts ch. 

555, sec. 7. effective July 15, 1998. 
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149.344 Use of appropriate best management practices -- Violation --

Noncompliance -- Administrative regulations governing bad actor 

designation -- Procedure after multiple violations -- Opportunity for 

administrative hearing. 

(1) Any logger or operator engaged in the conduct of any timber harvesting 

operations shall use appropriate best management practices. 

(2) No logger or operator shall conduct any timber harvesting operations in a 

manner that is causing or will likely cause water pollution. 

(3) If the cabinet determines that a logger or operator engaged in timber 

harvesting operations has failed to use the appropriate best management 

practices or is causing water pollution, the cabinet shall give the logger or 

operator a written warning of the facts alleged to constitute the failure to 

use the best management practice or the water pollution, and a reasonable 

period for abatement and compliance. 

(4) If, after the time for abatement in the written warning, the cabinet determines 

that the logger or operator has failed to implement the appropriate best 

management practices or has failed to abate the water pollution, the logger or 

operator will be provided an opportunity for an informal conference with the 

regional forester. After the opportunity for an informal conference, if the cabinet 

determines that the logger or operator has failed to implement the appropriate 

best management practices or has failed to abate the water pollution, the 

cabinet shall issue a notice of violation stating the best management practice 

that the logger or operator has failed to implement or the facts alleged to 

constitute the water pollution, and order the logger or operator to implement 

corrective measures within a specified period of time. 

(5) If, after the issuance of a notice of violation, the logger or operator fails to 

implement the best management practice or corrective measures, the cabinet 

shall issue a special order mandating the logger or operator to immediately 

implement the best management practice or the corrective measures. The 

cabinet may also order the logger or operator to cease all or a portion of the 

timber harvesting operation constituting the violation, and if the cabinet does so, 

the logger or operator shall cease all or a portion of the timber harvesting 

operation, until an inspection determines that the violation has been abated. At 

the time the special order is issued, the cabinet shall notify the logger or operator 

of the opportunity for an administrative hearing under KRS 149.346(2), to be held 

within five (5) working days of the receipt of a written request made by the logger 

or operator. 

(6) If the cabinet finds that any logger or operator is conducting any timber harvesting 

operations in violation of KRS 149.342(1) or in a manner that is causing or is 

likely to cause water pollution that is presenting or will likely present an imminent 

and substantial danger to the public health, safety, or welfare, or to the health of 

animals, fish, or aquatic life, or to a public water supply, or to recreational, 

commercial, agricultural, or industrial uses, the cabinet may issue an emergency 

order directing the logger or operator to immediately cease the activity and 

implement corrective measures within a reasonable time, and the logger or 
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operator shall immediately cease the activity and implement corrective measures. 

At the time the order is issued, the cabinet shall also notify the logger or operator 

of the opportunity for an administrative hearing under KRS 149.346(2) to be held 

within five (5) working days of the receipt of a written request. The 

commencement of proceedings by the cabinet under subsection (3), (4), (5), or 

(10) of this section shall not preclude the cabinet from issuing an emergency 

order under this subsection. 

(7) Notification under this section shall be by certified mail, return receipt 

requested, sent to the last known address of the logger or operator, or by 

hand delivery by the cabinet. 

(8) If the logger or operator fails or refuses to cease activity or comply with and 

implement the best management practices or corrective measures in a special 

order issued under subsection (5) of this section or fails to cease activity and 

implement corrective measures in an emergency order under subsection (6) of 

this section, unless extended by the cabinet, the logger or operator shall be 

deemed a bad actor and shall be subject to civil penalties under KRS 149.348 

after an opportunity for a hearing under KRS 149.346. The cabinet shall have 

the authority to remove or terminate bad actor designations from loggers or 

operators that demonstrate adherence to implementing best management 

practices, have paid all fines and penalties imposed by the cabinet, and have 

completed corrective action on sites with violations. 

(9) The cabinet may promulgate administrative regulations to establish rules 

and procedures to remove or terminate the bad actor designation from a 

logger or operator that was previously designated a bad actor under 

subsection (8) of this section.

(10) If the cabinet determines that a logger or operator engaged in timber harvesting 

operations has failed to use the appropriate best management practices in 

violation of this section, and the logger or operator has been issued two (2) or 

more bad actor designations under KRS 149.346, the cabinet shall immediately 

issue a warning and, if the violations are not corrected after a period defined by 

the warning but no longer than one (1) week, shall issue an order directing the 

logger or operator to immediately cease the activity and implement corrective 

measures within a reasonable time, and the logger or operator shall immediately 

cease the activity and implement corrective measures. At the time the order is 

issued, the cabinet shall also notify the logger or operator of the opportunity for 

an administrative hearing under KRS 149.346(2) to be held within five (5) 

working days of the receipt of a written request. 

(11) (a) Any logger or operator who has been designated a bad actor under 

subsection (8) of this section shall provide prior notice to the appropriate 

regional office or offices of the division before engaging in any timber 

harvesting operation regulated by the cabinet until he or she has paid all 

civil penalties and performed all of the site remediation required by the 

cabinet.
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(b) The cabinet shall promulgate administrative regulations in accordance 

with KRS Chapter 13A to set forth the form and manner of the notification 

required by this subsection. The notification requirements of this 

subsection shall take effect on the effective date of the administrative 

regulations required by this paragraph.

(12) Beginning on January 1, 2016, if the cabinet finds that any logger or operator 

has three (3) or more bad actor designations under subsection (8) of this 

section, the cabinet shall issue an emergency order directing the logger or 

operator to immediately cease all timber harvesting operations in the 

Commonwealth. Upon receiving the emergency order, the logger or operator 

shall cease all timber harvesting operations in the Commonwealth until he or she 

has performed all of the site remediation required by the cabinet and has either 

paid all civil penalties or remains up-to-date on a payment plan for civil penalties 

with the cabinet. At the time the order is issued, the cabinet shall also notify the 

logger or operator of the opportunity for an administrative hearing under 

subsection (2) of Section 3 of this Act to be held within five (5) working days of 

the receipt of a written request. The commencement of proceedings by the 

cabinet under subsection (3), (4), (5), or (10) of this section shall not preclude 

the cabinet from issuing an emergency order under this subsection. A logger or 

operator who otherwise complies with the requirements of this subsection shall 

not be required to remove any of his or her bad actor designations as a condition 

of being allowed to restart timber harvesting operations in the Commonwealth. 

(13) All bad actor designations issued under subsection (8) of this section, including 

those issued prior to the effective date of this Act, shall be included in 

determining the applicability of this section to any logger or operator.

Effective: June 24, 2015

History: Amended 2015 Ky. Acts ch. 41, sec. 2, effective June 24, 2015. -- Amended 2006 Ky. 

Acts ch. 43, sec. 1, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 39, sec. 2, 

effective June 20, 2005. -- Created 1998 Ky. Acts ch. 555, sec. 8, effective July 15, 

1998.
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149.346 Administrative hearings. 

(1) If the cabinet has evidence that a violation of KRS 149.342(1) or subsection (11) 

of Section 2 of this Act has occurred, or has deemed a logger or operator to be a 

bad actor under KRS 149.344(8), the cabinet shall serve written notice of the 

determination and the provision alleged to have been violated, and the cabinet 

shall require the person complained against to answer the charges at an 

administrative hearing to be held not less than twenty-one (21) days after the 

date of the notice, unless the person complained against waives the twenty-one 

(21) day period. 

(2) Any person not previously heard who considers himself aggrieved by any 

determination of the cabinet under KRS 149.330 to 149.355, may file a petition 

alleging that the determination is contrary to law or fact and is injurious to him, 

citing the grounds and reasons therefore, and demanding an administrative 

hearing. Unless the cabinet considers the petition frivolous, it shall schedule an 

administrative hearing before the cabinet not less than ninety (90) days after the 

date of the notice, unless the person complained against waives the ninety (90) 

day period, except that hearings requested under KRS 149.344(5) and (6) shall 

be held within five (5) working days of receipt of a petition. The right to demand a 

hearing under this subsection shall be limited to a period of thirty (30) days after 

the petitioner has had actual notice of the determination complained of, or could 

have had notice. The cabinet shall be represented at the administrative hearing 

by the Office of General Counsel. 

(3) All hearings under KRS 149.330 to 149.355 shall be conducted under KRS 

224.10-440. Appeals may be taken from all final orders under KR.S 224.10-470. 

Effective: June 24, 2015

History: Amended 2015 Ky. Acts ch. 41, sec. 3, effective June 24, 2015. -- Created 1998 Ky. 

Acts ch. 555, sec. 9, effective July 15, 1998.
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149.348 Assessment of civil penalties – Personal liability. 

(1) Any operator or logger who is deemed by the cabinet to be a bad actor under KRS 

149.344(8) or who violates KRS 149.342(1) or 149.344 (11) may, after an 

opportunity for an administrative hearing, be assessed a civil penalty not to exceed 

one thousand dollars ($1,000) for each violation. In determining the amount of the 

penalty, consideration shall be given to the operators or loggers history of 

noncompliance, the seriousness of the violation and any damage caused, including 

any irreparable harm to the environment or hazard to public health or safety or the 

health and safety of animals, fish, or aquatic life; the degree of fault and whether the 

conduct was intentional or negligent; and the demonstrated good faith in remedying 

the pollution. The penalties shall be recoverable in an action brought in the name of 

the Commonwealth of Kentucky by the cabinet's Office of General Counsel. All sums 

recovered shall be deposited in the Forest Stewardship Incentives Fund. The Circuit 

Court in the county in which the violation occurred shall have concurrent jurisdiction 

and venue of all civil and injunctive actions instituted by the cabinet for the 

enforcement of the provisions of KRS 149.330 to 149.355 or the orders and 

administrative regulations promulgated by the cabinet. 

(2) Notwithstanding KRS Chapters 271B to 275 or any other provision of law to the 

contrary, any director, officer, or agent of an operator or logger doing business as a 

partnership, corporation, association, society, joint stock company, firm, company, or 

business organization shall be personally liable, jointly and severally, for the civil 

penalties incurred by the operator or logger under this section.

Effective: June 24, 2015

History: Amended 2015 Ky. Acts ch. 41, sec. 4, effective June 24, 2015. -- Created 1998 Ky. Acts ch. 

555, sec. 10, effective July 15, 1998.
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149.350 Forestry Best Management Practices Board. 

(1) There is hereby established a Forestry Best Management Practices Board 

consisting of thirteen (13) members for the purposes of updating Kentucky's 

forest practice guidelines for water quality management and the Division of 

Forestry's administrative regulations regarding timber harvesting operations, and 

supervising the implementation of forestry best management practices and timber 

harvesting operations regulations by the Division of Forestry. The offices of the 

board shall be maintained at a place designated by the board. 

(2) The initial appointments to the board shall be made within one (1) year of July 

15, 1998, and the appointments shall be for staggered terms to assure continuity. 

The Governor shall appoint members to the board representing the following: 

(a) Five (5) members who are farmers or woodland owners with at least fifty 

(50) acres of woodland and who are actively engaged in woodland 

management: 

1. One (1) of these members from a list of three (3) persons nominated by 

the Kentucky Woodland Owners Association; 

2. One (1) of these members from a list of three (3) persons nominated by 

the Kentucky Department of Agriculture; 

3. One (1) of these members from a list of three (3) persons nominated by 

the Kentucky Farm Bureau Federation; and 

4. Two (2) of these members shall be farmers at large; 

(b) One (1) logger in good standing; 

(c) One (1) member of the Department of Forestry of the University of 

Kentucky;

(d) One (1) member of the Kentucky Division of Forestry; 

(e) Three (3) members of a Kentucky wood industry; and 

(f) Two (2) members at large who are woodland owners. 

(3) Except for initial staggered appointments, board memberships shall be for a period 

of four (4) years, and members may be appointed to no more than two (2) full 

consecutive terms. Appointments to the board shall be made consistent with 

subsection (2) of this section. 

(4) The chair of the board shall be chosen from the members selected to meet 

the criteria in subsection (2) of this section.

(5) The board shall review existing forestry best management practices within one (1) 

year after establishment of the board and shall conduct periodic reviews for 

rewriting the best management practices regulations no sooner than every five (5) 

years thereafter. 
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(6) The board shall oversee implementation of best management practice 

education and enforcement by the Division of Forestry. 

(7) The board shall meet at least once a year for the purpose of conducting its 

oversight responsibilities. 

(8) The board shall be attached to the division for administrative purposes. The 

division shall provide funds necessary for board meetings, travel expenses, and 

other administrative support, including but not limited to staff assistance at 

meetings, report preparation, and record keeping. 

(9) The board shall present its findings and recommendations to the Office of the 

Governor and the Legislative Research Commission when the board deems 

appropriate or when the Office of the Governor specifically requests a report. The 

board shall provide a summary report of its findings and recommendations to the 

Office of the Governor every five (5) years and to the Legislative Research 

Commission, if deemed appropriate. 

Effective: July 12, 2006 

History: Amended 2006 Ky. Acts ch. 56, sec. 1, effective July 12, 2006. - Created 1998 Ky. Acts ch. 555, 

sec. 11, effective July 15, 1998. 

149.355 Short title for KRS 149.330 to 355. 

KRS 149.330 to 149.355 may be cited as the “Kentucky Forest Conservation Act”

Effective: July 15, 1998 

History: Created 1998 Ky. Acts ch. 555, sec. 12, effective July 15, 1998.
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224.10-100 Powers and duties of cabinet.

In addition to any other powers and duties vested in it by law, the cabinet shall have 

the authority, power, and duty to:

(1) Exercise general supervision of the administration and enforcement of this 

chapter, and all rules, regulations, and orders promulgated thereunder; 

(2) Prepare and develop a comprehensive plan or plans related to the environment 

of the Commonwealth; 

(3) Encourage industrial, commercial, residential, and community development 

which provides the best usage of land areas, maximizes environmental benefits, 

and minimizes the effects of less desirable environmental conditions; 

(4) Develop and conduct a comprehensive program for the management of water, 

land, and air resources to assure their protection and balance utilization 

consistent with the environmental policy of the Commonwealth; 

(5) Provide for the prevention, abatement, and control of all water, land, and air 

pollution, including but not limited to that related to particulates, pesticides, 

gases, dust, vapors, noise, radiation, odor, nutrients, heated liquid, or other 

contaminants; 

(6) Provide for the control and regulation of surface coal mining and reclamation in a 

manner to accomplish the purposes of KRS Chapter 350; 

(7) Secure necessary scientific, technical, administrative, and operational services, 

including laboratory facilities, by contract or otherwise; 

(8) Collect and disseminate information and conduct educational and training 

programs relating to the protection of the environment; 

(9) Appear and participate in proceedings before any federal regulatory agency 

involving or affecting the purposes of the cabinet; 

(10) Enter and inspect any property or premises for the purpose of investigating either 

actual or suspected sources of pollution or contamination or for the purpose of 

ascertaining compliance or noncompliance with this chapter, or any regulation 

which may be promulgated thereunder; 

(11) Conduct investigations and hold hearings and compel the attendance of 

witnesses and the production of accounts, books, and records by the issuance of 

subpoenas; 

(12) Accept, receive, and administer grants or other funds or gifts from public and 

private agencies including the federal government for the purpose of carrying out 

any of the functions of the cabinet. The funds received by the cabinet shall be 

deposited in the State Treasury to the account of the cabinet; 
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(13) Request and receive the assistance of any state or municipal educational 

institution, experiment station, laboratory, or other agency when it is deemed 

necessary or beneficial by the cabinet in the performance of its duties; 

(14) Advise, consult, and cooperate with other agencies of the Commonwealth, other 

states, the federal government, and interstate and interlocal agencies, and 

affected persons, groups, and industries; 

(15) Formulate guides for measuring presently unidentified environmental values and 

relationships so they can be given appropriate consideration along with social, 

economic, and technical considerations in decision making; 

(16) Monitor the environment to afford more effective and efficient control practices, to 

identify changes and conditions in ecological systems, and to warn of emergency 

conditions; 

(17) Adopt, modify, or repeal with the recommendation of the commission any 

standard, regulation, or plan specified in KRS 224.1-110(5) and (6); 

(18) Issue, after hearing, orders abating activities in violation of this chapter, or the 

provisions of this chapter, or the regulations promulgated pursuant thereto and 

requiring the adoption of the remedial measures the cabinet deems necessary; 

(19) Issue, continue in effect, revoke, modify, suspend, or deny under such conditions 

as the cabinet may prescribe and require that applications be accompanied by 

plans, specifications, and other information the cabinet deems necessary for the 

following permits: 

(a) Permits to discharge into any waters of the Commonwealth, and for the 

installation, alteration, expansion, or operation of any sewage system; 

however, the cabinet may refuse to issue the permits to any person, or any 

partnership, corporation, etc., of which the person owns more than ten 

percent (10%) interest, who has improperly constructed, operated, or 

maintained a sewage system willfully, through negligence, or because of 

lack of proper knowledge or qualifications until the time that person 

demonstrates proper qualifications to the cabinet and provides the cabinet 

with a performance bond; 

(b) Permits for the installation, alteration, or use of any machine, equipment, 

device, or other article that may cause or contribute to air pollution or is 

intended primarily to prevent or control the emission of air pollution; or 

(c) Permits for the establishment or construction and the operation or 

maintenance of waste disposal sites and facilities; 

(20) May establish, by regulation, a fee or schedule of fees for the cost of processing 

applications for permits authorized by this chapter, and for the cost of processing 

applications for exemptions or partial exemptions which may include but not be 

limited to the administrative costs of a hearing held as a result of the exemption 
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application, except that applicants for existing or proposed publicly owned 

facilities shall be exempt from any charge, other than emissions fees assessed 

pursuant to KRS 224.20-050, and that certain nonprofit organizations shall be 

charged lower fees to process water discharge permits under KRS 224.16-

050(5); 

(21) May require for persons discharging into the waters or onto the land of the 

Commonwealth, by regulation, order, or permit, technological levels of treatment 

and effluent limitations; 

(22) Require, by regulation, that any person engaged in any operation regulated 

pursuant to this chapter install, maintain, and use at such locations and intervals 

as the cabinet may prescribe any equipment, device, or test and the 

methodologies and procedures for the use of the equipment, device, or test to 

monitor the nature and amount of any substance emitted or discharged into the 

ambient air or waters or land of the Commonwealth and to provide any 

information concerning the monitoring to the cabinet in accordance with the 

provisions of subsection (23) of this section; 

(23) Require by regulation that any person engaged in any operation regulated 

pursuant to this chapter file with the cabinet reports containing information as to 

location, size, height, rate of emission or discharge, and composition of any 

substance discharged or emitted into the ambient air or into the waters or onto 

the land of the Commonwealth, and such other information the cabinet may 

require; 

(24) Promulgate regulations, guidelines, and standards for waste planning and 

management activities, approve waste management facilities, develop and 

publish a comprehensive statewide plan for nonhazardous waste management 

which shall contain but not be limited to the provisions set forth in KRS 224.43-

345, and develop and publish a comprehensive statewide plan for hazardous 

waste management which shall contain but not be limited to the following: 

(a) A description of current hazardous waste management practices and costs, 

including treatment and disposal, within the Commonwealth; 

(b) An inventory and description of all existing facilities where hazardous waste 

is being generated, treated, recycled, stored, or disposed of, including an 

inventory of the deficiencies of present facilities in meeting current 

hazardous waste management needs and a statement of the ability of 

present hazardous waste management facilities to comply with state and 

federal laws relating to hazardous waste; 

(c) A description of the sources of hazardous waste affecting the 

Commonwealth including the types and quantities of hazardous waste 

currently being generated and a projection of such activities as can be 

expected to continue for not less than twenty (20) years into the future; and 

(d) An identification and continuing evaluation of those locations within the 

Commonwealth which are naturally or may be engineered to be suitable for 
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the establishment of hazardous waste management facilities, and an 

identification of those general characteristics, values, and attributes which 

would render a particular location unsuitable, consistent with the policy of 

minimizing land disposal and encouraging the treatment and recycling of 

the wastes. The statewide waste management plans shall be developed 

consistent with state and federal laws relating to waste; 

(25) Perform other acts necessary to carry out the duties and responsibilities 

described in this section; 

(26) Preserve existing clean air resources while ensuring economic growth by issuing 

regulations, which shall be no more stringent than federal requirements, setting 

maximum allowable increases from stationary sources over baseline 

concentrations of air contaminants to prevent significant deterioration in areas 

meeting the state and national ambient air quality standards; 

(27) Promulgate regulations concerning the bonding provisions of subsection (19)(a) 

of this section, setting forth bonding requirements, including but not limited to 

requirements for the amount, duration, release, and forfeiture of the bonds. All 

funds from the forfeiture of bonds required pursuant to this section shall be 

placed in the State Treasury and credited to a special trust and agency account 

which shall not lapse. The account shall be known as the "sewage treatment 

system rehabilitation fund" and all moneys placed in the fund shall be used for 

the elimination of nuisances and hazards created by sewage systems which 

were improperly built, operated, or maintained, and insofar as practicable be 

used to correct the problems at the same site for which the bond or other 

sureties were originally provided; 

(28) Promulgate administrative regulations not inconsistent with the provisions of law 

administered by the cabinet; and 

(29) Through the secretary or designee of the secretary, enter into, execute, and 

enforce reciprocal agreements with responsible officers of other states relating to 

compliance with the requirements of KRS Chapters 350, 351, and 352 and the 

administrative regulations promulgated under those chapters. 

Effective: July 15, 2014 

History: Amended 2014 Ky. Acts ch. 35, sec. 1, effective July 15, 2014. -- Amended 2007 (2d Extra. 

Sess.) Ky. Acts ch. 1, sec. 42, effective August 30, 2007. -- Amended 1994 Ky. Acts ch. 162, 

sec. 3, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 325, sec. 15, effective July 13, 

1990; and ch. 412, sec. 1, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 455, sec. 1, 

effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 111, sec. 109, effective July 13, 1984. --

Amended 1980 Ky. Acts ch. 264, sec. 2; and ch. 377, sec. 10, effective July 15, 1980. --

Amended 1978 Ky. Acts ch. 113, sec. 3, effective June 17, 1978; and ch. 266, sec. 2, effective 

June 17, 1978. -- Amended 1974 Ky. Acts ch. 355, sec. 2, effective June 21, 1974. -- Created 

1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 3, effective January 1, 1973. 

Formerly codified as KRS 224.033 
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Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts ch. 123, sec. 5, codified at KRS 

224.10-103, provides that the Division of Energy and all "personnel, functions, powers, and 

duties of the Division of Energy shall be transferred to the Tourism Development Cabinet." The 

abolition of the Tourism Development Cabinet and creation of the Commerce Cabinet under 

Executive Order 2004-729 were confirmed by 2005 Ky. Acts ch. 95, in which the Office of 

Energy Policy is established and statutory references to the "Division of Energy" are changed 

to the "Office of Energy Policy." 

Legislative Research Commission Note (9/28/93). The Division of Energy within the Department for 

Natural Resources of the Natural Resources and Environmental Protection Cabinet was made 

"responsible for subsections (28) and (29)" of this statute by 1990 Ky. Acts, ch. 325, sec. 14.
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KENTUCKY 

ADMINISTRATIVE 

REGULATIONS

402 KAR 3:020

402 KAR 3:030

402 KAR 3:040

402 KAR 3:050
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402 KAR 3:020. Master logger program. 

RELATES TO: KRS 149.330, 149.334, 149.342, 149.344, 149.346, 

STATUTORY AUTHORITY: KRS 149.334(5), 149.342(4), (5) 

NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.334 authorizes the cabinet to 

promulgate administrative regulations relating to KRS 149.330 to 149.355, the Kentucky 

Forest Conservation Act. KRS 149.342(3) requires the cabinet to specify the requirements 

for the Master Logger Program and KRS 149.342(4) requires the cabinet to specify the 

requirements for a temporary master logger designation. This administrative regulation 

establishes the education and training requirements for the master logger program and the

requirements for the temporary master logger designation. 

Section 1. Master logger program training course. The master logger program training 

course shall consist of three (3) one (1) day sessions covering the following topics: 

(1) Information on the environmental impacts of timber harvesting operations and the 

use of best management practices to reduce or eliminate potential adverse effects of 

timber harvesting operations on water quality; 

(2) Laws and administrative regulations impacting logging operations; and 

(3) Professional logger safety education. 

Section 2. Registration form and fee. A person wishing to attend the master logging 

program training course shall complete and file a Kentucky Master Logger Registration 

Form accompanied by a fee of eighty-five (85) dollars. 

Section 3. Designation as master logger. A person who successfully completes the 

master logger program training course shall be designated a master logger. This 

designation shall be for a period of three (3) years from the date of completion of the 

course. 

Section 4. Designation card. (1) The Division of Forestry shall issue a wallet-sized 

master logger designation card to a person who successfully completes the master 

logger program training course. 

(2) The division shall issue a designation card to a person who has previously 

completed the master logger program in accordance with KRS 149.342(7). 

(3) The master logger in charge of a timber harvesting operation shall maintain a 

current master logger designation card, along with a photo identification card such as 

a driver's license, on his person at all times when he is on the timber harvesting 

operation site. 

Section 5. Reciprocity. A person who has successfully completed a program in another 

state which is equivalent to the master logger program training course under Section 1 

of this administrative regulation may apply for the issuance of a designation card under 

Section 4 of this administrative regulation by filing a Kentucky Master Logger Reciprocity 

Application Form and paying a fee of fifty (50) dollars. The division shall determine that 

the program is equivalent and that the person successfully completed the program prior 

to issuing a designation card under Section 4 of this administrative regulation. 
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Section 6. Continuing education requirements. (1) A person who wishes to renew his 

master logger designation card shall complete six (6) hours of continuing master logger 

education every three (3) years. Continuing master logger education shall consist of one 

(1) or more of the following subjects: forest management, silviculture, forest health, 

ecosystem management, timber harvesting, laws and administrative regulations relating 

to timber harvesting and water quality, logging safety, or advanced best management 

practices. 

(2) Application for renewal and fee. A person wishing to renew a master logger 

designation and receive a current card shall prior to expiration of the current 

designation card: 

(a) Complete the continuing education requirements established in subsection (1) of 

this section; 

(b) File a Kentucky Master Logger Renewal Form; and 

(c) Pay a fee of twenty-five (25) dollars. 

Section 7. Revocation of designation as master logger. The cabinet shall revoke the 

designation card of a master logger who fails to timely apply for renewal, or to comply 

with the continuing education requirements established in Section 60 of this 

administrative regulation. The cabinet shall remove the name of the master logger from 

the list maintained by the division pursuant to KRS 149.342(6). 

Section 8. Reinstatement of designation. A person whose master logger designation has 

been revoked shall attend and successfully complete the master logger training course 

established under Sections 1 and 2 of this administrative regulation in order to have his 

designation as a master logger reinstated. 

Section 9. Kentucky temporary master logger. (1) A person who wishes to be 

designated a Kentucky temporary master logger shall: 

(a) Submit a Kentucky Temporary Master Logger Designation Form and pay a 

fee of fifty (50) dollars; and 

(b) Register and pay the applicable fee in accordance with Section 2 of this 

administrative regulation for a three (3) day Kentucky master logger training 

program, or an approved equivalent reciprocal training program, scheduled to 

be held within four (4) months after the date of registration for the training 

program. 

(2) (a) The applicant shall be designated a Kentucky temporary master logger upon 

issuance of the Kentucky temporary master logger designation card by the Division of 

Forestry, and may then begin serving as the temporary master logger on-site and in 

charge of timber harvesting operations. 

(b) The designation card shall state the name and address of the person 

designated, the date of issuance, and the date of expiration of the designation. 
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(c) The Kentucky temporary master logger designation shall expire four (4) months 

from the date of issuance. A renewal shall not be issued. A person shall not receive 

more than one (1) Kentucky temporary master logger designation in his lifetime. 

(d) The Kentucky temporary master logger in charge of a timber harvesting 

operation shall maintain a valid Kentucky temporary master logger designation 

card, along with a photo identification card such as a driver's license, on his person 

at all times when he is on the timber harvesting operation site. 

(3) (a) The logger or operator of a timber harvesting operation who uses a Kentucky 

temporary master logger shall, prior to beginning the harvest, notify the appropriate 

local regional office of the Division of Forestry of each operation on which the 

temporary master logger will be on-site and in charge. 

(b) Notification shall be made by letter, facsimile, email, telephone conversation, or in 

person. A message left on an answering machine or voice mail service shall not 

constitute valid notification. 

(c) In the notification, the logger or operator shall identify the anticipated date of 

harvest and the location of the timber harvesting site in sufficient detail to enable the 

division to locate the site in the field. The location shall be identified in at least one of 

the following ways: 

1. Provide the name of the landowner, the county, and the latitude and longitude 

of the site to the nearest one-tenth (1/10) of a minute or the UTM (Universal 

Transverse Mercator) coordinates to the nearest 100 meters; 

2. Provide the name of the landowner, the county, and a USGS (United States 

Geological Survey) 7.5-minute topographic quadrangle map or reproduction 

thereof, marked to show the name of the quadrangle map, the map scale, the 

north arrow, and the exact location of the site; or 

3. Provide the name of the landowner, the county, the nearest named community 

and the approximate distance and direction from the community to the site, the 

name and number of the nearest highway or street, and a description of how to 

reach the site from the nearest road intersection or other appropriate landmark. 

(d) The cabinet shall revoke the designation of the Kentucky temporary master 

logger on-site and in charge of timber harvesting operations if harvest activity is 

started on the site before valid notification is provided in accordance with this 

subsection. 

(4) A logger or operator who has started harvest activity without a Kentucky master 

logger or Kentucky temporary master logger on site and in charge of harvest activities 

shall not be eligible to receive a Kentucky temporary master logger designation, and 

shall not begin to use a Kentucky temporary master logger on the 

site. 
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Section 10. Incorporation by Reference. (1) The following material is incorporated by 

reference: 

(a) "Kentucky Master Logger Registration Form", March 2006; 

(b) "Kentucky Master Logger Reciprocity Application Form", November 1998;

(c) "Kentucky Master Logger Renewal Form", March 1999; and 

(d) "Kentucky Temporary Master Logger Designation Form", March 2006. 

(2) This material may be inspected, copied, or obtained, subject to applicable copyright 

law, at the Division of Forestry, 627 Comanche Trail, Frankfort, Kentucky 40601, Monday 

through Friday, 8 a.m. to 4:30 p.m. (25 Ky.R. 1759; Am. 2411; eff. 519-99; 32 Ky.R. 

1328; 1684; 1887; eff. 5-5-2006; Tam eff. 5-12-2015.) 

402 KAR 3:030. Best management practices for timber harvesting operations. 

RELATES TO: KRS 149.330, 149.332, 149.334, 149.344, 149.346, 149.348, 

149.350, 149.355, 224.10-100 

STATUTORY AUTHORITY: KRS 149.330, 149.334(5), 149.344 

NECESSITY, FUNCTION, AND CONFORMITY:, KRS 149.334(5) authorizes the 

cabinet to promulgate administrative regulations relating to the Kentucky Forest 

Conservation Act, KRS 149.330 to 149.355. KRS 149.344 requires that any logger 

or operator engaged in the conduct of any timber harvesting operations use 

appropriate best management practices. KRS 149.330(1) defines best 

management practices as those practices developed by the Division of Forestry 

and approved by the Agriculture Water Quality Authority. This administrative 

regulation establishes the best management practices for timber harvesting 

operations as developed by the Division of Forestry and approved by the 

Agriculture Water Quality Authority. 

Section 1. A logger or operator engaged in timber harvesting operations shall 

comply with the provisions of The Kentucky Agriculture Water Quality Plan, Best 

Management Practices, Section 1, Silviculture. 

Section 2. Incorporation by Reference. (1) "The Kentucky Agriculture Water Quality 

Plan, Best Management Practices, Section 1, Silviculture”, March 2014 is 

incorporated by reference. 

(2) This material may be inspected, copied or obtained, subject to applicable 

copyright law, at the Division of Forestry, 627 Comanche Trail, Frankfort, 

Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (25 Ky.R. 1761; eff. 

5-19-99; Am. 27 Ky.R. 3154; 28 Ky.R. 79; eff. 7-16-2001; 41 Ky.R. 2621; eff.9-3-

2015.) 
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402 KAR 3:040. Removal of bad actor designation. 

RELATES TO: KRS 149.330, 149.344, 149.346, 149.348 

STATUTORY AUTHORITY:KRS 149.334(5), 149.344(9)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.344(9) authorizes the 

cabinet to promulgate administrative regulations to establish rules and 

procedures to remove the bad actor designation from a logger or operator that 

was previously designated a bad actor under KRS 149.344(8). This 

administrative regulation establishes the requirements for removal of a bad actor 

designation. 

Section 1, Request and Agreement. (1) A logger or operator designated as a 

bad actor under KRS 149.344(8), who has complied with the terms of the 

secretary's orders or agreed orders, has completed corrective actions on all 

sites with violations, and has paid all monetary penalties imposed by the 

cabinet or the court, may request to have his bad actor designations removed. 

(2) The bad actor shall submit to the Division of Forestry a written request to 

have each bad actor designation removed. 

(3) The bad actor shall enter into a written agreement with the division in 

which he shall: 

(a) Affirm that he meets the requirements of subsection (1) of this section; 

(b) Agree to a two (2) year period of review, during which time he shall give 

prior notice to the appropriate regional office or offices of the division of 

all timber harvesting operations on which he is the primary contractor or 

master logger in charge of operation, and agree that the division shall 

track and inspect the timber harvesting operations as it deems 

necessary; 

(c) Agree that the written agreement and .the two (2) year period of review 

shall be terminated if, during the review period, he is issued a notice of 

violation as the primary contractor, or is actively involved as a 

subcontractor or master logger on the site of a timber harvesting 

operation that receives a notice of violation; and 

(d) Affirm that he understands that the designation shall be removed if the 

division determines that he meets the requirements of Section 3(1) of 

this administrative regulation regarding his compliance with orders, 

corrective actions on all sites with violations, payment of monetary 

penalties, prior notification of timber harvesting operations, and 

demonstration of adherence to implementing best management 

practices during the review period. 

Section 2. Review Period. (1) The division shall notify the bad actor in writing of 

the beginning date and anticipated ending date of the two (2) year period of 

review. 
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(2) The division shall conduct a two (2) year period of review during which the 

division: 

(a) Shall track all timber harvesting jobs in which the bad actor is engaged 

that are applicable to the review process; and 

(b) May inspect all the commercial timber harvesting operations that the bad 

actor conducts. 

(3) During the two (2) year period of review, the bad actor shall provide prior 

notice to the appropriate regional office or offices of the division of all timber 

harvesting operations on which he is the primary contractor or master logger in 

charge. 

(a) Notification shall be made by letter, facsimile, email, telephone 

conversation, or in person, to the appropriate regional office. A message left 

on an answering machine or voice mail service shall not constitute valid 

notification. 

(b) In the notification the bad actor shall identify the anticipated dates of 

harvest and the location of the timber harvesting site in sufficient detail to 

enable the division to locate the site in the field. The location shall be 

identified in at least one of the following ways: 

1. Provide the name of the landowner, the county, and the latitude and 

longitude of the site to the nearest one-tenth (1/10) of a minute or the 

UTM (Universal Transverse Mercator) coordinates to the nearest 100 

meters; 

2. Provide the name of the landowner, the county, and a USGS (United 

States Geological Survey) 7.5 minute topographic quadrangle map or 

reproduction thereof, marked to show the name of the quadrangle map, 

the map scale, the north arrow, and the exact location of the site; or 

3. Provide the name of the landowner, the county, the nearest named 

community and the approximate distance and direction from the 

community to the site, the name and number of the nearest highway or 

street, and a description of how to reach the site from the nearest road 

intersection or other appropriate landmark. 

(4) During the two (2) year period of review, if the bad actor is issued a Notice 

of Violation or is actively involved with any site that is issued a Notice of 

Violation, or fails to give prior notice of the location of his logging operation in 

accordance with subsection (3) of this section, the written agreement and 

review process shall be terminated and the bad actor designation shall be 

retained. 

Section 3. Removal of Designation. (1) At the end of the two (2) year period of 

review, the division shall remove the bad actor designation if it determines that 
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the bad actor: 

(a) Has provided prior notification of all timber harvesting operations in 

accordance with Section 2(3) of this administrative regulation; 

(b) Has demonstrated adherence to implementing best management 

practices on timber harvesting operations conducted during the two (2) 

year period of review; and 

(c) Is in compliance with the requirements established in Section 1 (1) of 

this administrative regulation. 

(2) If the bad actor designation is removed pursuant to subsection (1) of this 

section, the division shall: 

(a) Notify the logger or operator in writing that the designation has been 

removed; and 

(b) Make information available to the public which shows that the 

designation has been removed. 

Section 4. Designation Not Removed. (1) If the written agreement and review 

period are terminated pursuant to Section 2(4) of this, administrative regulation 

or if the review period is completed but the division is unable to remove the 

designation pursuant to Section 3(1) of this administrative regulation, the 

division shall notify the bad actor in writing and shall inform the bad actor that he 

may begin the review process again in accordance with Section 1 (1) of this 

administrative regulation. 

(2) If a bad actor is unsuccessful in having the designation removed in three 

(3) consecutive review periods, the designation shall become permanent. 

Section 5. Removal of Second Designation. (1) If a bad actor successfully 

completes the review process and the bad actor designation is removed, and 

based upon subsequent timber harvesting operations the operator then is 

designated a bad actor for a second time, he may seek to have the second 

designation removed in accordance with Section 1 (1) of this administrative 

regulation. 

(2) If the bad actor is unsuccessful in having the second designation removed 

in two (2) consecutive review periods, the designation shall become 

permanent.

Section 6. Third Designation. If a logger or operator is designated a bad actor for 

a third time, the designation shall become permanent. (32 Ky.R. 1349; 1889; eft. 

5-52006; TAm eff 5-12-2015.) 
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402 KAR 3:050. Bad actor notice provisions.

RELATES TO: KRS 149.330, 149.332, 149.344, 149.346, 149.348

STATUTORY AUTHORITY: KRS 149.344

NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.344 requires the 

cabinet to establish notification requirements for loggers or operators who have 

received one (1) or more bad actor designations. This administrative regulation 

establishes the methods and requirements for bad actors to notify the cabinet 

before beginning timber harvest operations.

Section 1. Notice Required. (1) Pursuant to KRS 149.344(11)(a), a bad actor 

who has received one (1) or more bad actor designations pursuant to KRS 

149.344(8) shall notify the cabinet prior to conducting logging operations.

(2) The bad actor shall continue to notify the cabinet until all civil penalties have 

been paid and all site remediation required by the cabinet has been performed.

Section 2. (1)(a) Bad actor notification shall be made by letter, facsimile, email, 

telephone conversation, or in person.

(b) A message left on an answering machine or voice mail service shall not 

constitute valid notification.

(2) In the notification, the bad actor shall identify the anticipated date of harvest 

and the location of the timber harvesting site in sufficient detail to enable the 

division to locate the site in the field. The location shall be identified by:

(a) The name of the landowner;

(b) The county; and

(c) One (1) of the following methods:

1. Latitude and longitude of the site to the nearest one-tenth (1/10) of a 

minute or the UTM (Universal Transverse Mercator) coordinates to the 

nearest 100 meters;

2. USGS (United States Geological Survey) 7.5-minute topographic 

quadrangle map or reproduction thereof, marked to show the name of 

the quadrangle map, the map scale, the north arrow, and the exact 

location of the site; or

3. The nearest named community and the approximate distance and 

direction from the community to the site, the name and number of the 

nearest highway or street, and a description of how to reach the site 

from the nearest road intersection or other appropriate landmark. (41 

Ky.R. 2694; 42 Ky.R. 282; eff. 9-3-2015.)