{"data":{"id":"us-ky/krs-100.289","jurisdiction":"us-ky","citation":"KRS 100.289","heading":"Notification of pipeline operator about planned development -- Location","body":"information provided to developer -- Planning commission to gather geospatial\ndata -- Contact information to be filed with planning commission -- Final\napproval -- Interpretation of statute.\n(1) As used in this section:\n(a) \"Interstate hazardous liquid pipeline facility\" has the same meaning as in 49\nU.S.C. 60101(a)(7);\n(b) \"Natural gas transmission pipeline\" means an interstate pipeline, as that term\nis defined in 15 U.S.C. sec. 3301;\n(c) \"Operator\" means a person who engages in the transportation of gas, as that\nterm is defined in 49 C.F.R. sec. 192.3; and\n(d) \"Person\" means any individual, firm, joint venture, partnership, corporation,\nassociation, state, city, county, c ooperative association, or joint stock\nassociation, and including any trustee, receiver, assignee, or personal\nrepresentative thereof, as that term is defined in 49 C.F.R. sec. 192.3.\n(2) This section shall only apply to:\n(a) Cities and counties that have adopted the provisions of this chapter for\npurposes of approving residential and nonresidential developments; and\n(b) Preliminary development plans filed on or after July 14, 2022.\n(3) For a new residential or nonresidential development that is located in whole or in\npart within six hundred sixty (660) feet of the center point of a natural gas\ntransmission pipeline or interstate hazardous liquid pipeline facility that was\nconstructed or operated prior to the development, the developer shall notify the\noperator of the natural gas transmission pipeline or interstate hazardous liquid\npipeline facility of the planned development no later than ten (10) days from the\ndate of application for approval of the development, or ninety (90) days prior to\ncommencement of construction, whichever is earlier.\n(4) Upon receiving notice of the filing of a preliminary development plan in accordance\nwith this section, a pipeline operator shall provide pipeline location information to\nthe developer within forty -five (45) days, inc luding but not limited to documents\nreflecting the actual location of the pipeline, marking facilities on design drawings,\nand providing maps.\n(5) The developer of the development shall state on the final plat filed with the\nplanning commission the following:\n\"The developer has utilized reasonable means to notify the operator of the pipeline\nto verify the location of the pipeline and the pipeline easement. The developer has\nreviewed, or attempted to review, preliminary information about the proposed\ndevelopment with the pipeline operator.\"\n(6) Within sixty (60) days of July 14, 2022, planning commissions shall gather and\nconfirm raw National Pipeline Mapping System geospatial data about the locations\nof pipelines from the Pipeline and Hazardous Materials Sa fety Administration\nwithin the United States Department of Transportation. A planning commission\nshall not be subject to liability related to the approval or construction of such a\ndevelopment when the approval is based upon information as provided in this\nsubsection.\n(7) No later than August 15, 2022, a pipeline operator shall file the contact information\nfor its point of contact with the planning commission or planning commissions\nhaving jurisdiction. A pipeline operator shall file updated information wit h the\nplanning commission or planning commissions having jurisdiction in the event that\nthe contact information for its point of contact changes.\n(8) A planning commission shall not give final approval to a development described\nunder subsection (3) of this section until the requirements of this section have been\nsatisfied. A planning commission may rely solely upon the note submitted under\nsubsection (5) of this section, the geospatial data gathered under subsection (6) of\nthis section, and the recordation required under subsection (7) of this section when\ndetermining whether the requirements of this section have been satisfied for\npurposes of granting final approval of such a development. A planning commission\nshall not be subject to liability related to the approval or construction of such a\ndevelopment when the approval is based upon information as provided in this\nsubsection.\n(9) This section shall n ot exempt developers or operators from the requirements of the\nUnderground Facility Damage Prevention Act of 1994, KRS 367.4901 to 367.4917.\n(10) Nothing contained in this section shall be interpreted or construed to alter or amend\nthe full application of KRS 65.2001 to 65.2006 to local governments as defined in\nKRS 65.200.","path":["KRS Chapter 100"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52670","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:04Z","sha256":"742bea81fe34e61ea8b2aae08c06f7ca14dc3267764fbad5d371053d0a214464","source_id":"us-ky","stale":false,"prev":"us-ky/krs-100.287","next":"us-ky/krs-100.290"},"notice":"GroundRules: Original legal text. Not legal advice."}