Kentucky Administrative Regulations › Title 300 - TOURISM, ARTS AND HERITAGE CABINET › Chapter 6 - Kentucky Heritage Council › Section 300 KAR 6:020 - Administration of Kentucky rock fence preservation program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 45A, 61.805 -61.850, 61.870 -61.884,
				171.391, 171.392, 171.393, Chapter 424, 36 C.F.R. 68(3)(c), (d)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				171.393 establishes the Rock Fence
				Preservation Program and authorizes the Kentucky Heritage Council to promulgate
				administrative regulations in consultation with the Dry Stone Conservancy
				relating to the establishment of a grant program. This administrative
				regulation establishes criteria for participation in that grant program.
Section 1. Definitions.
(1) "Applicant" means a person who applies
			 for grant assistance from the Kentucky Rock Fence Preservation
			 Program.
(2) "Application" means
			 the form Kentucky Rock Fence Preservation Grant Application.
(3) "Available grant funds" means money
			 deposited in the rock fence preservation fund disbursed by the State Treasury
			 under the Rock Fence Preservation Program established in
			 KRS
			 171.393 and administered by the Kentucky
			 Heritage Council for reconstruction and restoration of the Commonwealth's
			 historic drylaid rock fences and historic mortared rock fences.
(4) "Council" is defined by
			 KRS
			 171.391(1).
(5) "Director" means the Executive Director
			 of the Kentucky Heritage Council.
(6) "Eligible owner" means an owner that is
			 eligible under Section 2 of this administrative regulation to apply for grant
			 assistance.
(7) "Eligible plan"
			 means a reconstruction or restoration plan that meets the standards for
			 reconstruction or restoration and has been approved by the director pursuant to
			 Section 6 of this administrative regulation.
(8) "File" or "filed" means received at the
			 office of the council or post-marked on or before the announced
			 deadline.
(9) "Grant assistance"
			 means grant funds awarded by the council from the Kentucky Rock Fence
			 Preservation Program Grant Fund.
(10) "Historic drylaid rock fence" is defined
			 by
			 KRS
			 171.391(2).
(11) "Historic mortared rock fence" is
			 defined by
			 KRS
			 171.391(3).
(12) "Owner" means:
(a) The person, partnership, corporation,
			 public agency, or other entity holding a fee simple interest in property
			 located in Kentucky; or
(b) A
			 lessee of property, if the remaining term of the lease is not less than
			 twenty-seven and one-half (27 1/2) years for residential property and
			 thirty-nine (39) years for all other property.
(13) "Performance and maintenance agreement"
			 means the form Kentucky Rock Fence Preservation Performance and Maintenance
			 Agreement, a written agreement between an eligible owner and the council in
			 which the eligible owner agrees to implement an eligible plan for which the
			 grant assistance is being awarded and to maintain the historic drylaid rock
			 fences or historic mortared rock fences in their restored condition for a
			 period of time established in Section 9(3)(b) of this administrative regulation
			 from the date of the agreement.
(14) "Program year" means the period from
			 July 1 to June 30.
(15) "Property"
			 means real property located in Kentucky upon which historic drylaid rock fences
			 or historic mortared rock fences are situated.
(16) "Reconstruction" means the act or
			 process of depicting, by means of new construction, the form, features, and
			 detailing of a nonsurviving site, landscape, building, structure, or object for
			 the purpose of replicating its appearance at a specific period of time and in
			 its historic location.
(17)
			 "Reconstruction plan" means a plan describing the methods and materials,
			 including location and condition of existing fences, to be utilized by persons
			 engaged in the reconstruction of historic drylaid rock fences or historic
			 mortared rock fences located in Kentucky.
(18) "Request for reimbursement" means the
			 form Kentucky Rock Fence Preservation Grant Request for
			 Reimbursement.
(19) "Restoration"
			 means the process of accurately depicting the form, features, and character of
			 historic drylaid rock fences or historic mortared rock fences as they appeared
			 at a particular period of time by means of reconstruction of missing features
			 for the restoration period and the removal of features from other periods in
			 its history, if contemporary alterations and additions are not planned, and if
			 substantial physical and documentary evidence exists for the work.
(20) "Restoration plan" means a plan
			 describing the methods and materials, including location and condition of
			 existing fences, to be utilized by persons engaged in the restoration of
			 historic drylaid rock fences or historic mortared rock fences located in
			 Kentucky.
(21) "Standards for
			 reconstruction" means:
(a) The Secretary of
			 the Interior's Standards for Reconstruction,
			 36
			 C.F.R. 68.3(d), as
			 established by the U. S. Department of Interior; and
(b) The standards established in Section 3(3)
			 of this administrative regulation.
(22) "Standards for restoration" means:
(a) The Secretary of the Interior's Standards
			 for Restoration,
			 36
			 C.F.R. 68.3(c), as
			 established by the U. S. Department of Interior; and
(b) The standards established in Section 3(3)
			 of this administrative regulation.