Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Wild Rivers › Section 400 KAR 4:110 - Definitions for 400 KAR Chapter

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.220, 146.241, 146.250, 146.260, 146.270,
				146.290, 146.310, 146.350, 146.360
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.270 authorizes the
				secretary to promulgate administrative regulations necessary for the
				preservation and enhancement of wild rivers as established in KRS 146.250, and
				for control of recreational, educational, scientific, and other uses of these
				areas in a manner that shall not impair them. Emphasis shall be given to
				protecting aesthetic, scenic, ecological, historic, archaeological, and
				scientific features of the areas. This administrative regulation establishes
				definitions for certain essential terms used in the wild rivers administrative
				regulations, 400 KAR Chapter 1, which are not clearly defined by their
				context.
Section 1.
(1) "Access road" means that access
			 constructed or improved to connect a permitted use within a wild river corridor
			 to a public road system.
(2)
			 "Acid-forming substance" means an earth substance that contains sulfide
			 minerals or other materials that, if exposed to air, water, or weathering
			 processes, forms acids that could create acid water.
(3) "Acid water" means drainage with a pH of
			 less than six and zero-tenths (6.0) in which total acidity exceeds total
			 alkalinity.
(4) "Adverse impact"
			 means having a damaging, degrading, or destructive effect on a
			 resource.
(5) "Agricultural use":
(a) Means the use of land for agricultural
			 purposes such as farming, dairying, pasturage, apiaries, horticulture,
			 floriculture, viticulture, and animal and poultry husbandry; and
(b) Does not mean fruit, vegetable, and
			 flower production for personal use.
(6) "Applicant" means the landowner who
			 applies for a change of use permit to allow a change of land use within a wild
			 river corridor.
(7) "Best
			 management practices" means methods, measures, or practices to prevent or
			 reduce water pollution, such as structural and nonstructural controls and
			 operation and maintenance procedures that are applied before, during, or after
			 pollution-producing activities to reduce or eliminate the introduction of
			 pollutants into waterbodies.
(8)
			 "Buffer zone" means an area of natural vegetation having a minimum width of not
			 less than 100 feet, which is retained along each bank of a wild river to
			 maintain aesthetics, bank stability, appropriate water temperatures, fish and
			 wildlife habitat, and stream hydraulics, and to filter debris and waterborne
			 pollutants from surface run-off.
(9) "Cabinet" means the Energy and
			 Environment Cabinet.
(10) "Change
			 of use permit" means a permit issued to a landowner by the office to authorize
			 a change of land use within a wild river corridor.
(11) "Commercial service" means the use of a
			 wild river corridor for monetary profit, such as for concessions, boat rentals,
			 shuttle services, guided trips or tours, commercial boat docks, wharves, and
			 other recreational facilities.
(12)
			 "Conforming land use" means a land or resource use that conforms to the
			 provisions and intent of the Kentucky Wild Rivers Act and the management plan
			 developed pursuant to KRS 146.270 for a given wild river corridor.
(13) "Cultural character" means the
			 condition, composition, or appearance of an archaeological or historical
			 feature that contributes to its outstanding, unique, or otherwise significant
			 value.
(14) "Disturbed area" means
			 an area having a manmade surface disturbance.
(15) "Existing use" means a land use that is
			 in existence at the time a wild river is designated by the Kentucky General
			 Assembly.
(16) "Flood plain" means
			 the area in a watershed that is subject to flooding at least one (1) time in
			 every 100 years.
(17) "Kentucky
			 Wild Rivers Act" means KRS 146.200 through 146.360.
(18) "Landowner" means the owner of a
			 property or an interest in a property conveyed by lease or other legal
			 conveyance.
(19) "Land use plan"
			 means a plan of action submitted to the office as part of a change of use
			 permit application.
(20) "Log
			 landing" means a collecting point for holding cut timber.
(21) "Management plan" means the individual
			 plan adopted by the office pursuant to KRS 146.270 as the official document
			 guiding the management and protection of a given wild river corridor.
(22) "Natural character" means the condition
			 or appearance of an area or resources that are expected to exist in nature
			 undisturbed by human actions.
(23)
			 "Natural vegetation" means the species, or combinations of species, of plants
			 that exist, or are expected to exist, in nature undisturbed by human
			 actions.
(24) "New land use" means
			 a land use within a wild river corridor that is not in existence at the time a
			 given wild river corridor is designated by the Kentucky General
			 Assembly.
(25) "Office" is defined
			 by KRS 146.210(8).
(26) "Operator"
			 means the person, partnership, contractor, subcontractor, company, or
			 corporation responsible for the construction, maintenance, operation, and
			 reclamation of a permitted use.
(27) "Permitted use" means a nonconforming
			 land use within a wild river corridor that has been authorized by the office
			 through the issuance of a change of use permit.
(28) "Permittee" means a landowner who has
			 obtained a change of use permit from the office.
(29) "Produced water" means water and
			 pollutants and combination thereof resulting, obtained, or produced from the
			 exploration, drilling, or production of oil or gas.
(30) "Professional forester" means a person
			 holding a degree in forestry from a school with an accredited forestry
			 program.
(31) "Research plan" means
			 a plan of action submitted to the office for approval prior to initiating a
			 scientific study within a given wild river corridor.
(32) "Resource removal" means exploration
			 for, extraction, or removal of a natural resource such as coal, oil and gas,
			 minerals, rock, gravel, sand, and soil.
(33) "Secretary" means the Secretary of the
			 Energy and Environment Cabinet.
(34) "Selective cutting (of timber)" means
			 the selective removal during one (1) entry of single trees from an area so that
			 a specified minimum residual stocking level is retained and evenly distributed
			 over the harvest area. The purpose of the cut is to create or maintain an
			 uneven-aged stand of timber.
(35)
			 "Significant feature" means an outstanding, unique, rare, or otherwise
			 significant aesthetic, scenic, botanical, zoological, geological, historical,
			 archaeological, scientific, or recreational feature identified in the
			 management plan or by the management agency as occurring within a given wild
			 river corridor.
(36) "Skid" means
			 to transport logs by sliding or dragging along the ground.
(37) "Skid trail" means a trail developed for
			 the purpose of skidding logs from the stump to a log landing area.
(38) "Slash" means the residue left after the
			 economically usable portion of cut trees is removed from a harvest
			 area.
(39) "Structure":
(a) Means an aboveground object constructed,
			 built, or installed for a change of use; and
(b) Does not mean sediment ponds, roads, or
			 signs.
(40) "Surface
			 disturbance" means any disturbance of the ground surface that involves the
			 clearing of vegetation or excavation of soil, rock, or other materials
			 occurring on or near the ground surface.
(41) "Surface mining":
(a) Means the breaking of the surface soil in
			 order to facilitate or accomplish the extraction or removal of minerals, ores,
			 or other solid matter or any activity or process constituting all or part of a
			 process for the extraction or removal of minerals, ores, or other solid matter
			 so as to make them suitable for commercial, industrial, construction, or other
			 use; and
(b) Does not mean those
			 aspects of deep mining not having significant effect on the surface, and does
			 not mean excavation or grading conducted solely in aid of on-site farming or
			 construction.
(42)
			 "Toxin-forming substance" means earth materials or wastes that, if exposed to
			 air, water, weathering, or microbiological processes, are likely to produce
			 conditions that are detrimental to biota or uses of water.
(43) "Underground mining" means those aspects
			 of deep mining, including surface effects, involving any open pit or any
			 underground workings from which minerals, ores, or other solid matter is
			 removed for sale, exchange, commercial, or other use, and all shafts, drifts,
			 or inclines leading thereto, including all buildings and equipment, above or
			 below the surface of the ground, used in connection with these
			 workings.
(44) "Visual intrusion"
			 means resulting in the disruption, degradation, or impairment of the natural or
			 primitive appearance of an area in a wild river corridor, as viewed from the
			 river or other designated public use area, and includes any land use that does
			 not remain visually subordinate to the characteristic landscape.
(45) "Watershed" means that area enclosed by
			 a topographic divide from which direct surface run-off from precipitation
			 normally drains by gravity into the stream above a specified point.
(46) "Wild river" or "wild river corridor"
			 means a stream segment and adjacent shoreland within boundaries established in
			  400 KAR 4:100 that are designated in accordance with KRS 146.241.
(47) "Wild rivers system" means the
			 collective wild rivers as designated in KRS 146.241.