Kentucky Administrative Regulations › Title 418 - KENTUCKY HERITAGE LAND CONSERVATION FUND BOARD › Chapter 1 - General Administrative Procedures › Section 418 KAR 1:010 - Definitions for 418 KAR Chapter 1

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.550-146.570,
				446.010(18)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.560(2)
				requires the board to promulgate administrative regulations necessary for
				application for funds from the agencies identified in KRS 146.570, review and
				approval of proposed projects, and review and approval of grants. KRS 146.560(2) requires the board to promulgate administrative regulations on land
				acquisition. This administrative regulation establishes definitions for terms
				used in 418 KAR Chapter 1.
Section 1.
			 Definitions.
(1) "Access land" means land
			 necessary for reasonable and planned ingress and egress from the project
			 site.
(2) "Acquisition" means the
			 procurement of land and includes options, appraisals, maps, surveys, title
			 opinions, title insurance and environmental audits, and inspections.
(3) "Administration" means activities
			 conducted by the Office of Kentucky Nature Preserves to accomplish the purposes
			 of KRS 146.550 through 146.570 and 418 KAR Chapter 1 and encompasses reasonable
			 operating costs, consultant and contractor fees, and staff and equipment costs
			 for approved activities including project development, application,
			 conservation easement, deed restriction, and management plan assessment,
			 implementation and enforcement, and biological inventories of fund
			 projects.
(4) "Areas important to
			 migratory birds" means those areas important to the reproduction and survival
			 of migratory birds, including:
(a) Large
			 tracts of contiguous forest;
(b)
			 Wooded greenspace areas;
(c)
			 Shallow open water habitats with expansive areas of shoreline;
(d) Wetlands or wetland complexes including
			 marshes, deep water sloughs, and swamps;
(e) Natural or restored grasslands;
			 and
(f) Riparian
			 corridors.
(5) "Board"
			 means the Kentucky Heritage Land Conservation Fund Board.
(6) "Buffer land" means land that will aid in
			 protecting the project site from harm or will prevent degradation of the
			 visitor experience at the project site.
(7) "Chair" means the chairperson of the
			 board.
(8) "Dollar for dollar"
			 means that for every Kentucky Heritage Land Conservation Fund dollar granted by
			 the board, the applicant spends an equal amount at the board's
			 direction.
(9) "Fund" means the
			 Kentucky Heritage Land Conservation Fund.
(10) "Grant" means an award of money from the
			 Kentucky Heritage Land Conservation Fund pursuant to KRS 146.570(4)(f).
(11) "Greenspace"
			 means undeveloped land in or around urban areas, including forests or other
			 natural vegetation, stream-side corridors, natural areas, and abandoned
			 rights-of-way.
(12) "Local
			 governments" means county governments, municipalities, school districts, and
			 special districts, or a combination thereof.
(13) "LTO" means Private, nonprofit land
			 trust organization as defined by subsection (19) of this section.
(14) "Management" means the stewardship
			 necessary to fulfill the purposes of KRS 146.550 through 146.570 and 418 KAR
			 Chapter 1 and encompasses site development costs and reasonable operating
			 costs, consultant and contractor fees, facility development, supplies,
			 materials, site-specific equipment, and staff costs.
(15) "Natural area" means any area of land or
			 water, or of both land and water, in public or private ownership, which either
			 retains or has reestablished to some degree, in the judgment of the office, its
			 natural character, though it need not be completely natural and undisturbed, or
			 which has natural flora, fauna, biological, ecological, geological, scenic, or
			 archaeological features of scientific, aesthetic, cultural, or educational
			 interest.
(16) "Natural state"
			 means the condition of an area that retains, has substantially reestablished,
			 or is in the process of reestablishing, an indigenous ecosystem.
(17) "Office is defined by KRS 146.415(4).
(18) "Outdoor
			 recreation" means activity on a subject property that does not cause harm to
			 the property or its natural state, or hinder the heritage land conservation
			 purposes of KRS 146.550 through 146.570.
(19) "Private, nonprofit land trust
			 organization" means a group with Internal Revenue Code 501(c)(3) status
			 qualified to hold land and easements for land conservation purposes.
(20) "Rare and endangered species" means
			 those plants and animals identified as such by the Office of Kentucky Nature
			 Preserves in accordance with  400 KAR 2:080 Section 6 and 400 KAR Chapter
			 3.
(21) "RMP" means resource
			 management plan.
(22) "State
			 agency" means any department, program, cabinet, institution, board, commission,
			 office, or agency of the Commonwealth of Kentucky.
(23) "State colleges and universities" means
			 accredited colleges and universities located in the Commonwealth of
			 Kentucky.