KRS 262.110: Hearing on creation of district -- Matters to be considered.

(1) Within thirty (30) days after a petition has been filed with the commission under

KRS 262.100, it shall cause due notice to be given of a proposed hearing upon the

questions of the desirability and necessity, in the interest of the public health, safety

and welfare, of the creation of the district; of the appropriate boundaries to be

assigned to the district; of the propriety of the petition and other proceedings taken

under this chapter, and upon all questions relevant to such inquiries. All owners and

occupiers of land within the limits of the territory described in the petition and of

lands within any territory considered for addition to the described territory, and all

other interested parties may attend the hearing and be heard.

(2) If it appears upon the hearing that it may be desirable to include within the proposed

district territory outside of the area within which due notice of the hearing has been

given, the hearing shall be adjourned, due notice of further hearing shall be given

throughout the en tire area considered for inclusion in the district and a further

hearing shall be held. After that hearing, if the commission determines, upon the

facts presented at the hearing and upon other available relevant information, that

there is need, in the inte rest of the public health, safety and welfare, for a district to

function in the territory considered at the hearing, it shall make and record the

determination, and shall define, by metes and bounds or by legal subdivisions, the

boundaries of the district.

(3) In making the determination and in defining the boundaries, the commission shall

give weight and consideration to the topography of the area considered and that of

the state; the composition of soils; the distribution of erosion; the prevailing land -

use practices; the desirability and necessity of including within the boundaries the

particular lands under consideration and the benefits those lands may receive from

being included within the boundaries; the relation of the proposed area to existing

watersheds and agricultural regions and to other districts already organized or

proposed for organization under this chapter; and other relevant physical,

geographical and economic factors, having regard to the legislative determinations

set forth in KRS 262. 020. The territory to be included within the boundaries need

not be contiguous. If the commission determines after the hearing, after

consideration of the relevant facts, that there is no need for a district to function in

the territory considered at the h earing, it shall make and record the determination

and shall deny the petition.