KRS 177.572: Definitions for KRS 177.571 to 177.576.

As used in KRS 177.571 to 177.576, unless the context requires otherwise:

(1) "Advertising device" means as defined in KRS 177.830;

(2) "Archaeological quality" means those characteristics of the area surrounding a

scenic byway or a scenic highway that are physical evidence of historic or

prehistoric human life or activity and that are visible and capable of being

inventoried and interpreted. The archaeological interest, as identified through ruins,

artifacts, structural remains, or other physical evidence shall have scientific

significance that educates the viewer and causes the viewer to appreciate the past;

(3) "Cultural quality" means evidence or expressions of the customs or traditions of a

distinct group of people. Cultural features shall include, but not be limited to, crafts,

music, dance, rituals, festivals, speech, food, special events, and vernacular

architecture, as currently practiced. The cultural qualities of the area surrounding a

scenic byway or scenic highway may highlight one (1) or more si gnificant

communities or ethnic traditions;

(4) "Historic quality" means legacies of the past that are distinctly associated with the

physical elements of the landscape, whether natural or manmade, and that are of

historic significance, educate the viewer, and cause the viewer to appreciate the

past. The historic qualities reflect the actions of people and may include buildings,

settlement patterns, or other examples of human activity. Historic qualities may be

inventoried, mapped, and interpreted, and they possess integrity of location, design,

setting, material, workmanship, feeling, and association;

(5) "Intrinsic quality" means one (1) or more of the following:

(a) Archaeological quality;

(b) Cultural quality;

(c) Historic quality;

(d) Natural quality;

(e) Recreational quality; or

(f) Scenic quality;

(6) "Natural quality" means those features in the visual environment that are in a

relatively undisturbed state. These features shall predate the arrival of human

populations and may include geological format ions, fossils, landforms, water

bodies, vegetation, and wildlife. If there is evidence of human activity, the natural

features must reveal minimal disturbances;

(7) "Outdoor advertising device" means an advertising device that is not located on the

premises of the entity being advertised;

(8) "Recreational quality" means outdoor recreational activities directly associated with

and dependent upon the natural and cultur al elements of the scenic byway or scenic

highway's landscape. The recreational activities shall provide opportunities for

active and passive recreational experiences including, but not limited to, downhill

skiing, rafting, boating, fishing, hiking, and si mple roadway driving. The

recreational activities may be seasonal, but the quality and importance of the

activities as seasonal operations shall be well recognized;

(9) "Scenic byway" means a highway maintained by a local government that has

roadsides or v iew sheds of aesthetic, cultural, historical, or archaeological value

worthy of preservation, restoration, protection, or enhancement;

(10) "Scenic highway" means a state -maintained highway that has roadsides or view

sheds of aesthetic, cultural, historica l, or archaeological value worthy of

preservation, restoration, protection, or enhancement; and

(11) "Scenic quality" means the heightened visual experience derived from the view of

the natural and manmade elements of the scenic byway or scenic highway. Th e

characteristics of the landscape are strikingly distinct and offer a pleasing and

memorable visual experience. All elements of the landscape, including landform,

water, vegetation, and manmade development, must contribute in harmony to the

quality of the scenic byway's or scenic highway's visual environment and share in its

intrinsic qualities.