reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 20 - Airport Safety Standards › Section 602 KAR 20:030 - Standards applicable to all airports

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 183.090, 183.110
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation sets forth the safety and adequacy standards applicable to all
				airports including heliports that an airport owner is required to comply with
				before the Transportation Cabinet may issue a Landing Area Designation to the
				airport.
Section 1. Definitions.
(1) "Displaced threshold" means a marked
			 threshold located at a point on the runway other than at the runway
			 end.
(2) "Helicopter" means a
			 rotorcraft that, for its horizontal motion, depends principally on its
			 engine-driven rotors.
(3)
			 "Heliport" means an airport used exclusively or intended to be used for the
			 landing and takeoff of helicopters. It may either be at ground level or
			 elevated on a structure.
(4)
			 "Primary surface" means a surface longitudinally centered on a runway. When the
			 runway has a specially prepared hard surface, the primary surface extends 200
			 feet beyond each end of that runway; but when the runway has no specially
			 prepared hard surface, or planned hard surface, the primary surface ends at
			 each end of that runway. The elevation of any point of the primary surface is
			 the same as the elevation of the nearest point of the runway
			 centerline.
(5) "Runway" means the
			 surface of an airport used for the landing and taking off of aircraft as
			 depicted on the airport zoning map or airport master plan, and Federal Aviation
			 Administration form 7480-1 Notice of Landing Area Proposal.
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 20 - Airport Safety Standards › Section 602 KAR 20:040 - Restricted use airports

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 183.090
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation sets forth the minimum airport safety standards for classification
				as a restricted use airport.
Section 1.
			 Definitions.
(1) "Airplane" means an
			 engine-drive, fixed-wing aircraft which is heavier than air and supported in
			 flight by the dynamic reaction of air against its wings.
(2) "Landing area designation" means a
			 certificate of approval of the safety and adequacy of an airport facility
			 issued by the Transportation Cabinet in accordance with  602 KAR 20:020.
(3) "Primary surface" means
			 a surface longitudinally centered on a runway. When the runway has a specially
			 prepared hard surface, the primary surface extends 200 feet beyond each end of
			 that runway; but when the runway has no specially prepared hard surface, or
			 planned hard surface, the primary surface ends at each end of that runway. The
			 elevation of any point of the primary surface is the same as the elevation of
			 the nearest point of the runway centerline.
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 20 - Airport Safety Standards › Section 602 KAR 20:100 - Public use heliport

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 183.090
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation sets forth the minimum airport safety standards for a classification
				or as a public use heliport.
Section 1.
			 Definitions.
(1) "Approach surface" means the
			 obstruction clearance planes, which are aligned with the path selected for
			 flight and which extend upward and outward from the edge of the landing area.
			 They increase in elevation at a given ratio of horizontal to vertical feet.
			 These surfaces may be curved.
(2)
			 "Helicopter" means a rotorcraft that, for its horizontal motion, depends
			 principally on its engine-driven rotors.
(3) "Heliport" means an airport used
			 exclusively or intended to be used for the landing and takeoff of helicopters.
			 It may either be at ground level or elevated on a structure.
(4) "Landing area" means that specific area
			 on land, water or a structure on which the helicopter actually lands or takes
			 off, including the touchdown area.
(5) "Landing area designation" means a
			 certificate of approval of the safety and adequacy of an airport facility
			 issued by the Transportation Cabinet in accordance with  602 KAR 20:020.
(6) "Peripheral area" means
			 a safety zone that provides an obstruction-free area on all sides of the
			 landing area.
(7) "Public use"
			 means open to the general public without a prior request to use the
			 heliport.
(8) "Touchdown area"
			 means that part of the landing area where it is preferred that the helicopter
			 alight.
(9) "Transitional surfaces"
			 mean those obstruction clearance planes adjacent to the landing area and the
			 approach surfaces. They extend outward and upward from the edges of the landing
			 area and the approach surfaces at a given ratio of horizontal to vertical
			 feet.
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 50 - Airport Zoning Commission › Section 602 KAR 50:010 - Definitions relating to 602 KAR Chapter 50

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 183.861 to 183.990,  14 C.F.R. Part 77, 91.119
NECESSITY, FUNCTION, AND CONFORMITY: KRS 183.861 empowers the
				commission to regulate the use of land within and around all public use and
				military airports in the Commonwealth. This administrative regulation defines
				the terms used in the administrative regulations of the Kentucky Airport Zoning
				Commission.
Section 1. Administrative
			 Terms.
(1) "Administrator" means the
			 Administrator of the Kentucky Airport Zoning Commission or any individual to
			 whom he has delegated his authority in the matter concerned.
(2) "Commission" means the Kentucky Airport
			 Zoning Commission created pursuant to KRS 183.861 to 183.990.
(3) "FAA" means the Federal Aviation
			 Administration.
(4) "Local zoning
			 body" means an independent, joint or regional planning commission or any local
			 government which is a member of a planning unit created pursuant to KRS Chapter
			 100.
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 50 - Airport Zoning Commission › Section 602 KAR 50:030 - Jurisdiction of the Kentucky Airport Zoning Commission

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 183.861, 183.867(2), 183.865, 183.867, 183.868,
				183.870
NECESSITY, FUNCTION, AND CONFORMITY: KRS 183.861 authorizes the
				Airport Zoning Commission to promulgate administrative regulations concerning
				the use of land within and around designated airports in the Commonwealth. KRS 183.867(2) authorizes the commission to promulgate administrative regulations
				concerning jurisdiction over zoning of areas over which jurisdiction is
				assumed. This administrative regulation establishes the areas over which the
				Kentucky Airport Zoning Commission has zoning jurisdiction and establishes
				whether a permit shall be required from a property owner.
Section 1. Zoning Jurisdiction. The
			 commission shall have zoning jurisdiction over the airspace above and around
			 the airports designated in KRS 183.861. This jurisdiction shall include the
			 airspace that lies above the surface extending outward and upward at one (1) of
			 the following slopes:
(1) If an airport has at
			 least one (1) runway that is 3,200 feet or more in length, the slope shall be
			 100 to one (1) for a horizontal distance of 20,000 feet from the closest point
			 of the nearest runway; or
(2) If an
			 airport's longest runway is less than 3,200 feet in actual length, the slope
			 shall be fifty (50) to one (1) for a horizontal distance of 10,000 feet from
			 the nearest point of the nearest runway.
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 50 - Airport Zoning Commission › Section 602 KAR 50:040 - Airport land uses

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 183.865
NECESSITY, FUNCTION, AND CONFORMITY: To regulate the use of
				land within airports of the Commonwealth within the jurisdiction and function
				of the commission.
Section 1.
			 Notwithstanding the provisions of any ordinance of a city or county legislative
			 body pursuant to the authority of KRS Chapters 100 or 147, the following uses
			 shall be allowed on the land within an airport: runways; taxiway, aircraft
			 ramps; navigational aids and signals; safety equipment; aircraft terminals;
			 cargo and service buildings; ramps; gates; hangars, aircraft sales, leasing,
			 repair, and storage; automobile parking, garage and service facilities; motels
			 and restaurants.
Section 2.
			 Notwithstanding the provisions of any ordinance of a city or county legislative
			 body pursuant to the authority of KRS Chapters 100 or 147, the commission may
			 allow the following additional uses, which do not constitute a hazard to air
			 navigation: any commercial, industrial or residential use, including but not
			 limited to governmental agencies and operation, banks and financial
			 institutions, retail and wholesale stores, warehouses and storage facilities;
			 manufacturing facilities and operations; offices and service facilities upon
			 the issuance of an airport land use permit by order of the
			 commission.
Section 3. Any activity
			 or structure which lawfully existed before the adoption or amendment of the
			 zoning administrative regulations of the commission, but does not conform to
			 all of the administrative regulations which pertain to the use of land within
			 public airports may continue as a nonconforming use, provided there is no
			 alteration or change to the activity or structure which extends or enlarges the
			 nonconformity.
Section 4.
(1) A request for an airport land use permit
			 shall be filed with the administrator and it shall state: the petitioner's
			 name, address, and telephone number; the name of the public airport concerned;
			 a description of the dimensions of any structure proposed to be erected; and a
			 statement or reasons why the proposed use and structure will not constitute a
			 hazard to air navigation.
(2) The
			 petitioner shall annex to the request a copy of the airport zoning map for the
			 airport concerned with the site of the proposed use or structure located
			 thereon.
(3) The petition shall be
			 considered at the next meeting of the commission and a copy of the commission's
			 order, ruling or award shall be mailed to the
			 petitioner.
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 50 - Airport Zoning Commission › Section 602 KAR 50:050 - Airport zoning map

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 183.867
NECESSITY, FUNCTION, AND CONFORMITY: KRS 183.861 authorizes the
				Airport Zoning Commission to promulgate administrative regulations concerning
				the use of land within and around designated airports in the Commonwealth. KRS 183.867 authorizes the commission to promulgate administrative regulations
				pertaining to the zoning of areas over which jurisdiction is assumed in order
				to provide for the proper and safe use of the area and airport. This
				administrative regulation establishes the procedures for the adoption and
				revision of airport zoning maps for the existing and future expansion of
				airports under the jurisdiction of the commission.
Section 1. Filing a Map.
(1) Every owner of an airport as established
			 in KRS 183.867(1) shall file with the administrator of the Kentucky Airport
			 Zoning Commission:
(a) A map showing the
			 airport and the area surrounding the airport used for approach and landing
			 purposes; or
(b) An airport master
			 plan.
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 50 - Airport Zoning Commission › Section 602 KAR 50:060 - Construction within jurisdictional airspace

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 183.861-183.890,  14 C.F.R. Part 77
NECESSITY, FUNCTION, AND CONFORMITY: KRS 183.861 allows the
				Kentucky Airport Zoning Commission to regulate the use of land within and
				around all public use and military airports within Kentucky. This
				administrative regulation is promulgated to regulate the construction and
				alteration of structures in the airspace of the state over which the commission
				has jurisdiction in order to prevent an obstruction to the safety of air
				navigation.
Section 1. Except as
			 provided in  602 KAR 50:090, a person shall not construct or alter any structure
			 which penetrates the airspace of the state over which the commission has
			 jurisdiction as set forth in  602 KAR 50:030, unless the person who intends to
			 construct or alter the structure obtains a permit from the commission in
			 accordance with the procedures set forth in  602 KAR 50:090.
Section 2. The commission shall consider the
			 provisions of  14 CFR Part 77 Sections 77.21 through  77.25, the aeronautical
			 study performed by the administrator and any aeronautical study performed by
			 the FAA as well as the factors set forth in KRS 183.868 and 183.870 in
			 approving or disapproving an application for a permit submitted in accordance
			 with the requirements of Section 1 of this administrative regulation.
Section 3.
(1) Any change or transfer in the care,
			 custody, control or ownership of a structure previously permitted by the
			 commission shall require the original owner to notify the commission in writing
			 of the name and address of the new owner on Kentucky Airport Zoning
			 Commission/Transportation Cabinet form TC 56-50G "Notification of Change in
			 Ownership" effective March 1997.
(2) The new owner shall comply with all
			 conditions and requirements of the originally issued permit for the transferred
			 structure unless properly amended by the commission.
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 50 - Airport Zoning Commission › Section 602 KAR 50:070 - Standards for determining obstructions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 183.868,  14 C.F.R. Part 77
NECESSITY, FUNCTION, AND CONFORMITY: KRS 183.861 allows the
				Kentucky Airport Zoning Commission to regulate the use of land within and
				around all public use and military airports within Kentucky. This
				administrative regulation is promulgated to establish standards for determining
				obstructions to air navigation.
Section
			 1. Standards for Determining Obstructions. A permanent or
			 temporary object shall be an obstruction to air navigation if it is of greater
			 height than any of the following heights or penetrates any of the following
			 surfaces:
(1) A height of more than 500 feet
			 above ground level at the site of the object.
(2)
(a) A
			 height that is more than 200 feet above ground level or above the established
			 airport elevation, whichever is higher, within three (3) nautical miles of the
			 established reference point of a public use and military airports, which has at
			 least one (1) runway of more than 3,200 feet in actual length.
(b) Beyond three (3) nautical miles, that
			 height increases in the proportion of 100 feet for each additional nautical
			 mile of distance from the airport reference point up to a maximum of 500
			 feet.
(3) A height
			 within a terminal obstacle clearance area, including an initial approach
			 segment, a departure area, and a circling approach area, which would result in
			 the vertical distance between any point on the permanent or temporary structure
			 or object and an established minimum instrument flight altitude within that
			 area or segment to be less than the required obstacle clearance.
(4) A height within an en route obstacle
			 clearance area, including turn and termination areas, of a federal airway or
			 approved off-airway route, that would increase the minimum obstacle clearance
			 altitude.
(5) The surface of a
			 takeoff and landing area of an airport or any imaginary surface established
			 under  602 KAR 50:010, Section 2 including those identified in "U.S. Terminal
			 Procedures, Southeast Volume 1 of 4".
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 50 - Airport Zoning Commission › Section 602 KAR 50:090 - Permit application procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 183.869, 183.870, 183.871
NECESSITY, FUNCTION, AND CONFORMITY: KRS 183.861 allows the
				Kentucky Airport Zoning Commission to regulate the use of land within and
				around all public use and military airports within Kentucky. This
				administrative regulation is promulgated to outline the procedure that a person
				shall follow in order to obtain a permit or tentative approval to erect or
				alter a structure, and defines the authority of the Administrator of the
				Kentucky Airport Zoning Commission to reject or approve applications for
				permits and provide for the processing of an application for a permit.
Section 1.
(1) Every person who is required by  602 KAR 50:030 to obtain a permit to construct or alter a structure shall send a signed
			 and completed Form TC 56-50, "Application for Permit to Alter or Construct a
			 Structure", revised effective August 2000, to the Administrator of the Kentucky
			 Airport Zoning Commission, Division of Aeronautics, 125 Holmes Street,
			 Frankfort, Kentucky 40622.
(2)
			 Except as set forth in Section 3 of this administrative regulation, the
			 application shall be submitted at least ninety (90) days prior to the date the
			 proposed construction or alteration is scheduled to begin.
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 50 - Airport Zoning Commission › Section 602 KAR 50:100 - Standards for marking or lighting structures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 183.861-183.990,  14 C.F.R. Part 77
NECESSITY, FUNCTION, AND CONFORMITY: KRS 183.861 allows the
				Kentucky Airport Zoning Commission to regulate the use of land within and
				around all public use and military airports within Kentucky. This
				administrative regulation is promulgated to describe the standards for the
				marking or lighting of structures which penetrate the airspace under the
				jurisdiction of the Kentucky Airport Zoning Commission.
Section 1. The Advisory Circular No. AC
			 70/7460-1K, Obstruction Marking and Lighting, issued by the Federal Aviation
			 Administration effective March 2000 shall govern the marking and lighting of
			 structures which:
(1) Penetrate the
			 jurisdictional airspace of the commission; or
(2) Have been determined by the commission to
			 be an obstruction to safe air navigation.
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 50 - Airport Zoning Commission › Section 602 KAR 50:110 - Valid permit period for alteration or construction of a structure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 183.861-183.990
NECESSITY, FUNCTION, AND CONFORMITY: The commission finds it is
				necessary for the public interest that construction or alteration of a
				structure be commenced and completed within a reasonable period after the
				issuance of a permit; therefore, the function of this administrative regulation
				is to limit the period in which to commence and complete construction.
Section 1. If the construction or alteration
			 of a structure is not completed within eighteen (18) months from the date of
			 issuance of the permit, permit shall be void and no work shall be performed
			 without the issuance of a new permit. The commission may grant a shorter or
			 longer period of time to complete the construction or alteration of a structure
			 when it issues a permit.
Section 2.
			 All holders of an approved commission permit shall complete and return a
			 construction or alteration project status report as soon as the structure
			 reaches its greatest height. This report may be filed with the administrator
			 any time during the eighteen (18) months allowed for completion of the
			 construction or alteration of the structure.
Section 3. All commission permit holders
			 shall send written notification to the Airport Zoning Commission administrator
			 within thirty (30) days after the removal of a tall structure that was issued a
			 permit from the commission. If a commission permit holder sells or transfers
			 his facility, the existing commission permit shall transfer to the new owner
			 provided the requirements of  602 KAR 50:060, Section 3, are met.
Section 4. The Kentucky Airport Zoning
			 Administrator, upon written application and the showing of just cause, may
			 extend the time allowed for completion of the construction or alteration of a
			 structure for a period not to exceed an additional eighteen (18)
			 months.
STATUTORY AUTHORITY: KRS 183.861
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 50 - Airport Zoning Commission › Section 602 KAR 50:115 - Enforcement procedures; violations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 183.861-183.990
NECESSITY, FUNCTION, AND CONFORMITY: The Kentucky Airport
				Zoning Commission finds it necessary to establish administrative enforcement
				procedures whereby a person in violation of the statutes, administrative
				regulations, orders or permits of the commission may be given notice of the
				violation or show cause to the commission why he is not in violation as a means
				to minimize litigation.
Section 1. The
			 commission delegates responsibility to determine apparent violations of its
			 statutes, administrative regulations, orders and permits to its administrator.
			 The administrator shall investigate violations of the statutes, administrative
			 regulations, orders and permits and mail a notice to the person who owns or
			 controls the structure, land, etc., in violation thereof.
Section 2. The notice shall state the
			 location, type of structure and the reasons the structure is in violation of
			 the statutes, administrative regulations, orders or permits of the commission.
			 The person shall be requested to correct the violation within thirty (30) days
			 of the notice or show cause to the commission why compliance should not be
			 enforced.
Section 3. The person to
			 whom the notice is directed pursuant to this administrative regulation may show
			 cause why enforcement should be withheld by filing a written petition for a
			 hearing before the commission. The petition may be in the form of a letter. The
			 petition shall be filed in person or by mail with the Administrator, Kentucky
			 Airport Zoning Commission, Frankfort, Kentucky 40622. The petitioner shall
			 state, if applicable, facts sufficient to show:
(1) The structure is not an obstruction in
			 the zoned airspace of this state; or
(2) The structure is in the zoned airspace of
			 this state, but it is not a hazard to the safety of air navigation;
			 and
(3) Any other facts the
			 petitioner deems relevant that would relieve him from the terms of the order,
			 including a request for an extension of time to remove the structure.
(4) If the administrator does not receive a
			 petition from a person to whom a notice has been mailed and finds that
			 violation continued during the period allowed in the notice, then the
			 administrator shall refer the matter to the commission for its action in order
			 to determine the appropriate penalties and action for the said
			 violation.
Kentucky Administrative Regulations › Title 602 - TRANSPORTATION CABINET - OFFICE OF AERONAUTICS › Chapter 50 - Airport Zoning Commission › Section 602 KAR 50:120 - Reconsideration and administrative hearing procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 183.871
NECESSITY, FUNCTION, AND CONFORMITY: To provide for general
				procedures for a request for reconsideration and for the conduct of all
				hearings on any petition to the commission.
Section
			 1. Request for reconsideration of an action taken by the
			 commission shall be as follows:
(1) A person
			 who wishes to provide additional information, further explain the information
			 previously presented to the commission, request reconsideration, or otherwise
			 discuss a matter with the commission shall notify the administrator of his
			 intention to attend a meeting of the commission.
(2) The notice shall be in writing and filed
			 within thirty (30) days of the mailing of the document formalizing the
			 commission's action to appropriate parties.
(3) The administrator shall place the issue
			 on the agenda for the next commission meeting at which he is able to provide to
			 all interested parties a ten (10) day written notice of the placement of the
			 issue on the agenda of the commission.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 1 - Construction and Materials › Section 603 KAR 1:020 - Driveway approaches, entrances; construction and maintenance

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 176.050,
				177.106
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				176.050(1)(g) authorizes the
				Department of Highways to prescribe rules and administrative regulations for
				the care and maintenance of roads after they have been constructed. This
				administrative regulation is adopted to prescribe standards for the
				construction and maintenance of driveway approaches and entrances on the
				rights-of-way of the Department of Highways.
Section 1.
(1)
(a) The
			 owner or occupant of property, who desires to construct new or additional
			 private farm or single family dwelling driveway approaches, shall make formal
			 application in writing, to the District Engineer of the Department of Highways.
			 If the District Engineer approves the application, paragraph (b) of this
			 subsection shall apply.
(b) The
			 applicant shall furnish at his own expense, all drainage pipe, tile, or other
			 drainage structure required. The department will participate in the
			 construction of the entrance in an amount not to exceed $300 by providing
			 equipment, labor and/or materials for the installation of the drainage
			 structure, the grading and surfacing with traffic bound material within the
			 right-of-way limits.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 2 - Preconstruction › Section 603 KAR 2:015 - Prequalification for construction, certificate of eligibility, and contract claims dispute

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13B, 45A.245, 61.878(1)(c), 176.090-176.110,
				176.130-176.220
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				176.140 requires the cabinet to establish
				administrative regulations in order to determine the eligibility of bidders for
				construction contracts with the Department of Highways. This administrative
				regulation establishes the requirements for an applicant to obtain a
				certificate of eligibility with the cabinet. This administrative regulation
				also establishes the hearing procedures for a contract claims dispute.
Section 1. Definitions.
(1) "Cabinet" means the Transportation
			 Cabinet.
(2) "Contract" means a
			 competitively bid contract between the contractor and the department pursuant
			 to KRS Chapter 45A and 176.090 through 176.110.
(3) "Contractor" means the person,
			 corporation, partnership, or joint venture that enters into a contract with the
			 department for highway maintenance or construction.
(4) "Maximum eligibility amount" means the
			 maximum amount of uncompleted prime contract work authorized at one (1)
			 time.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 2 - Preconstruction › Section 603 KAR 2:020 - Public-private partnerships

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.070,
				45A.077,
				45A.085,
				45A.494,
				175B.005,
				175B.010,
				175B.020,
				175B.030,
				175B.035,
				175B.037,
				176.080,
				176.140
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				175B.037(7) requires the
				Transportation Cabinet to promulgate administrative regulations establishing
				the procurement and proposal review processes for a public-private partnership
				related to a project undertaken by the state authority. This administrative
				regulation establishes the requirements for a private business or entity to
				submit a proposal to the Transportation Cabinet and the review processes for
				the proposal.
Section 1. Definitions.
(1) "Best value" is defined by
			 KRS
			 45A.070.
(2) "Cabinet" is defined by
			 KRS
			 175B.010(3).
(3) "Director" means the director of the
			 Division of Construction Procurement.
(4)"Evaluation committee" means a committee
			 designated by the secretary of the Transportation Cabinet to review and
			 evaluate proposals.
(5) "Financial
			 plan" means a plan submitted to, or proposed by, the state authority pursuant
			 to
			 KRS
			 175B.030 or
			 KRS
			 175B.035.
(6) "Project" is defined by
			 KRS
			 175B.010(11).
(7) "Public-private partnership" is defined
			 by
			 KRS
			 175B.010(14).
(8) "Request for proposals" is defined by
			 KRS
			 45A.070(5).
(9) "State authority" is defined by
			 KRS
			 175B.010(16).
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 3 - Maintenance › Section 603 KAR 3:030 - Primary road system classifications

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				177.020
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				177.020 authorizes the Department of Highways
				to establish, construct, reconstruct and maintain public roads as a part of the
				State Primary Road System as defined by
				KRS
				177.020(1). This
				administrative regulation is adopted to establish and classify the State
				Primary Road System.
Section 1. As
			 authorized by
			 KRS
			 177.020 the following classification of roads
			 is established as the State Primary Road System:
(1) State primary system.
(a) Interstate highways: those routes
			 designated as interstate routes.
(b) Parkways (tollroads): those routes
			 designated as parkways on which toll is paid.
(c) Other state primary highways: those
			 routes which are considered to be long distance, high volume intrastate routes
			 that are of statewide significance. The routes have mobility as their prime
			 function and are distinguished by high traffic-carrying capacity. These routes
			 link major urban centers within the state and/or serve as major interregional
			 corridors.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 3 - Maintenance › Section 603 KAR 3:051 - Recyclers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 177.905-177.950
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 177.935
				authorizes the Department of Highways to exercise general supervision of the
				administration and enforcement of
				KRS
				177.905 to
				177.950. This
				administrative regulation pertaining to the operation of automobile, vehicle,
				machinery or material recycling establishments has been adopted to enable the
				Transportation Cabinet's Department of Highways to administer and enforce the
				recycler program requirements.
Section
			 1. Definitions.
(1) "Automobile,
			 vehicle or machinery recycler" shall have the same meaning as
			 KRS
			 177.905(2).
(2) "Material recycler" shall have the same
			 meaning as
			 KRS
			 177.905(4) except any
			 containers, such as trash dumpsters, which are maintained, operated or used for
			 storing or keeping garbage, trash and other waste material are
			 excluded.
(3) "Operator or
			 operators" shall have the same meaning as
			 KRS
			 177.905(5).
(4) "Person" shall have the same meaning as
			 KRS
			 177.905(6).
(5) "Recycling establishment" or "place of
			 business" means any place operated, maintained or allowed to exist by any
			 automobile, vehicle or machinery recycler or any material recycler.
(6) "Road" shall have the same meaning as
			 KRS
			 177.905(1).
(7) "Business" shall have the same meaning as
			 KRS
			 177.905(3).
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 3 - Maintenance › Section 603 KAR 3:100 - Noxious weeds and invasive plants to be eradicated from rights-of-way

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				176.051
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				176.051 requires the Transportation Cabinet
				to eradicate noxious weeds and invasive plants from state-owned rights-of-way
				and establishes a list of noxious weeds and invasive plants that shall be
				eradicated by the department.
				KRS
				176.051(4)(a) authorizes the
				cabinet to promulgate an administrative regulation to add or remove noxious
				weeds and invasive plants from the list established in
				KRS
				176.051(1). This
				administrative regulation adds and deletes noxious weeds and invasive plants
				from the list established in
				KRS
				176.051(1) in consideration
				of the criteria established in
				KRS
				176.051(4)(a)1. through
				4.
Section 1.
(1) Noxious weeds and invasive plants shall
			 be added to the list established in
			 KRS
			 176.051(1), including:
(a) Spotted knapweed; and
(b) Cutleaf teasel.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 4 - Right-of-way › Section 603 KAR 4:035 - Logo signs; placement along fully-controlled and partially-controlled access highways

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 45A,177.0734-177.0738
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				177.0736 and
				177.0738
				require the Commissioner of the Department of Highways to promulgate
				administrative regulations for the erection of specific service signs on fully
				controlled access highways and at interchanges on partially controlled access
				highways. This administrative regulation establishes the criteria to be
				followed in the erection and maintenance of specific service signs and attached
				logo signs.
Section 1. Definitions.
(1) "Clear zone" means the area beginning at
			 the edge of the traveled way that is available for safe use by errant
			 vehicles.
(2) "Contractor" means
			 the entity selected by the Department of Highways pursuant to KRS Chapter 45A
			 and
			 600
			 KAR 6:070 to administer the specific service signing
			 program in Kentucky. The activities of a contractor include:
(a) Marketing;
(b) Determining business
			 eligibility;
(c) Maintenance,
			 erection, and removal of the specific service signs; and
(d) Installation and removal of logo
			 signs.
(3) "Contract
			 year" means a fiscal year that is July 1 through the following June
			 30.
(4) "Cover" means to place a
			 protective shield over a logo sign to prohibit viewing of the sign.
(5) "Fully controlled access highway" is
			 defined by
			 KRS
			 177.0734(1).
(6) "Highway guide sign" means an official
			 highway sign that is erected by the Department of Highways to:
(a) Give directions;
(b) Furnish advance notice of the approach to
			 an intersection or interchange;
(c)
			 Direct drivers into appropriate lanes;
(d) Identify a route;
(e) Indicate the distance to a destination;
			 or
(f) Provide information or
			 assistance to the traveling public including:
1. Motorist services;
2. Rest areas;
3. Scenic areas; or
4. Recreational areas.
(7) "Interchange" means a system
			 of interconnecting roadways providing for traffic movement between two (2) or
			 more highways that do not intersect at grade.
(8) "Logo signs" is defined by
			 KRS
			 177.0734(2).
(9) "Motorist service" means a place of
			 business providing one (1) or more MUTCD eligible service such as gas, food,
			 lodging, tourist attractions, or camping facilities.
(10) "MUTCD" means Manual on Uniform Traffic
			 Control Devices incorporated by reference in
			 603 KAR
			 5:050.
(11) "Partially controlled access highway" is
			 defined by
			 KRS
			 177.0734(4).
(12) "Specific service signs" is defined by
			 KRS
			 177.0734(3).
(13) "Trailblazing sign" means a sign that
			 provides directional guidance to a particular cultural or recreational site
			 from other highways in the vicinity.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 4 - Right-of-way › Section 603 KAR 4:050 - Limited supplemental guide signs

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				177.076,
				177.077,
				177.078,
				177.079
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				177.077(1) requires the
				Transportation Cabinet to prescribe by administrative regulation standards and
				procedures for approval of applications for limited supplemental guide signs.
				This administrative regulation sets forth the application procedure and
				standards for approval, erection, and maintenance of limited supplemental guide
				signs.
Section 1. Definitions.
(1) "Activity" means an historical site,
			 tourist area or attraction, or family entertainment center.
(2) "Cabinet" means the Transportation
			 Cabinet.
(3) "Clear zone" means the
			 area between the edge of the driving-lane of a public road and an imaginary
			 line running parallel to the road a certain distance from the edge of the
			 traveled way.
(4) "Eligibility
			 distance" means the distance from the at-grade intersection of the state
			 highway at the point where the directional sign is located to the entrance
			 driveway to the activity.
(5)
			 "Family entertainment center" is defined in
			 KRS
			 177.076(7).
(6) "Interagency Committee" means the
			 Transportation and Tourism Interagency Committee established by
			 KRS
			 177.107.
(7) "MUTCD" means the Federal Highway
			 Administration's "Manual on Uniform Traffic Control Devices" incorporated by
			 reference in
			 603 KAR
			 5:050.
(8)
			 "Ramp" means the on- or off-access road from an interstate highway or parkway
			 to or from the first public road.
(9) "Spacing" means the distance between the
			 limited supplemental sign and all other traffic control devices or signs
			 located within the right of way. This spacing shall be controlled by the
			 MUTCD.
(10) "TODS" means Tourist
			 Oriented Directional Signing as used in the MUTCD.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 4 - Right-of-way › Section 603 KAR 4:055 - Scenic highways and byways

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				177.571,
				177.572,
				177.573,
				177.574,
				177.575,
				177.576
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				177.573 requires the Transportation Cabinet
				to prescribe by administrative regulation, criteria for scenic highways and
				byways designation and a process for the nomination, review, designation and
				removal of a road as a scenic highway and byway.
Section 1. "Kentucky Scenic Highways and
			 Byways Guidelines and Application" Form TC 52-200 shall govern the
			 Transportation Cabinet's Scenic Highways and Byways Program.
Section 2. Removal of Scenic Highway and
			 Byway Designation.
(1) When the Transportation
			 Cabinet is notified that a road or road segment meets the criteria required to
			 remain in the system, the Transportation Cabinet shall research the claim and
			 make a determination on the removal of the scenic designation.
(2) The Transportation Cabinet shall notify
			 interested individuals of the decision.
(3) Appeal procedures.
(a)
1. A
			 party aggrieved by the action of the Transportation Cabinet pursuant to the
			 provisions of this administrative regulation within twenty (20) days of the
			 date of the action may file a written appeal with the Transportation Tourism
			 Interagency Committee.
2. The
			 appeal shall set forth in detail, the nature of the complaint and the grounds
			 for the appeal.
(b) The
			 appeal shall be placed on the agenda for the next Transportation Tourism
			 Inter-agency Committee (TTIC) meeting. The Transportation Tourism Interagency
			 Committee shall issue a recommendation on the appeal within sixty (60) days to
			 the Secretary of Transportation.
(4) The Secretary of Transportation shall
			 issue a decision on the appeal within ten (10) days.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:025 - Fully-controlled access highways

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.010(5),
				189.010(8),
				189.231,
				189.340,
				433.750,
				433.753
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				174.080 authorizes the Secretary of the
				Transportation Cabinet to promulgate administrative regulations to carry out
				the requirements of Chapters 175, 176, 177, and 178 relating to highways in the
				Commonwealth. This administrative regulation establishes requirements and
				limitations of public use for fully controlled access highways.
Section 1. Definitions.
(1) "Farm equipment" is defined by
			 601 KAR
			 1:019.
(2)
			 "Fully controlled access highway" is defined by
			 601 KAR
			 1:019.
(3)
			 "Moped" is defined by
			 KRS
			 186.010(5).
(4) "Motor scooter" means a motor vehicle
			 having a seat or saddle for the use of the driver and designed to travel on not
			 more than three (3) wheels with a motor that is five (5) horsepower or
			 less.
(5) "Pedestrian" is defined
			 by
			 KRS
			 189.010(8).
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:040 - Use of rest areas

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				177.230
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation is considered necessary to preserve the original purpose of safety
				rest areas and to avoid dangerous traffic and pedestrian congestion within and
				around the safety rest areas.
Section
			 1. Time Limit; Restricted Uses.
(1) Except as provided in Section 3 of this
			 administrative regulation, the use of a safety rest area located within the
			 right-of-way of limited access facilities, as defined in
			 KRS
			 177.220, shall be limited to a maximum of
			 four (4) hours during any twenty-four (24) hour period for the same person or
			 group of persons.
(2) Rest areas
			 shall not be used as a relay station or transfer point for trailers in transit.
			 No cargo trailer or mobile home shall be uncoupled from the power unit in a
			 rest area except in case of fire or explosion.
(3) Safety rest areas shall not be used by
			 any person for the purpose of displaying, selling or offering for sale, any
			 merchandise, wares, produce, services or any other items, except as authorized
			 by section 153 of the Surface Transportation Assistance Act of 1978 ( PL
			 95-599;
			 23
			 USC 111 note).
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:050 - Uniform traffic control devices

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				189.337,
				23
				C.F.R. 655.601-655.603
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189.337(2) requires the
				Transportation Cabinet, Department of Highways, to promulgate and adopt a
				manual of standards and specifications for a uniform system of traffic control
				devices. The Federal Highway Administration in
				23
				C.F.R. 655.603 recognizes the Manual on
				Uniform Traffic Control Devices for Streets and Highways (MUTCD) as the
				national standard for all traffic control devices installed on any street,
				highway, bicycle trail, or private road open to public travel. This
				administrative regulation establishes that the MUTCD shall be the uniform
				system of traffic control devices in Kentucky.
Section 1. Definition. "Private road open to
			 public travel" means a private toll road or road, including any adjacent
			 sidewalk that generally runs parallel to the road, within a shopping center,
			 airport, sports arena, or other similar business or recreation facility that:
(1) Is privately owned, but on which the
			 public is allowed to travel without access restrictions; and
(2) Does not include a road within private
			 gated property, except for a gated toll road, in which access is restricted at
			 all times, a parking area, driving aisle within a parking area, or a private
			 grade crossing.
Kentucky Administrative Regulations › Title 603 - TRANSPORTATION CABINET › Chapter 5 - Traffic › Section 603 KAR 5:061 - Intrastate toll bridges and toll ferries

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 280.010-280.130
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				280.080 requires the Department of Highways
				to make such administrative regulations for the control of toll bridges or toll
				ferries, as defined in
				KRS
				280.010, as the department deems
				necessary.
Section 1. Application for
			 Certificate of Convenience and Necessity.
(1)
			 Any bridge company or ferry company, except any which can prove to the
			 department that it holds a perpetual and irrevocable franchise for such
			 operation, who seeks to operate a toll bridge or toll ferry connected to the
			 state primary road system shall make application at the highway district office
			 of the highway district in which the toll bridge or toll ferry is located for
			 the certificate of convenience and necessity required by
			 KRS
			 280.020. Application forms are available in
			 all highway district offices and from the Transportation Cabinet, Division of
			 Traffic, Frankfort, Kentucky 40622.
(2) The application form must be completed in
			 its entirety and contain at a minimum, the information required by
			 KRS
			 280.030.
(3) Upon receipt of the application, the
			 department shall fix a date for hearing the application and shall immediately
			 notify the applicant of the date, time and location of the hearing.
(4) The applicant shall present proof as to
			 the applicant's general ability, experience, organization and equipment. The
			 applicant shall, at the hearing, submit any additional proof that the public
			 convenience and necessity require the applicant's toll bridge or toll ferry
			 operation.
(5) Department
			 representatives may inspect the applicant's equipment prior to the issuance of
			 a certificate of public convenience and necessity.
(6) The department shall issue a decision on
			 any application within thirty (30) days of the hearing.
(7) The applicant may appeal the decision of
			 the department in accordance with
			 KRS
			 280.110.