{"data":{"id":"us-ky/krs-146.290","jurisdiction":"us-ky","citation":"KRS 146.290","heading":"Land uses permitted in stream area -- Change of use.","body":"(1) The provisions of this section shall not apply to those uses existing at such time as a\nstream is included in the system.\n(2) Land uses to be allowed within the boundaries of a designated stream area shall be\nas follows:\nNew roads, structures or buildi ngs may be constructed only where necessary\nto effect a use permitted under the other provisions of KRS 146.200 to 146.360.\nUtility lines or pipelines may be constructed as approved by the office in writing\nand under provision that the affected land be res tored as nearly as possible to its\nformer state. This provision, however, shall in no way affect the rights between a\nlandowner and a utility company or pipeline company. There shall be no strip\nmining as defined in KRS 350.010, and select cutting of timbe r or other resource\nremoval and agricultural use, may be allowed pursuant to regulations promulgated\nby the secretary upon the granting of a permit under the other provisions of KRS\n146.200 to 146.360. All instream disturbances such as dredging, shall be prohibited.\nExcept for the management agency and any existing uses which do not conform to\nthe purposes and intent of KRS 146.200 to 146.360, travel upon a wild river or any\npublic lands within the designated boundaries thereof, shall be by foot, horseback,\ncanoe, boat or other nonmechanical modes of transportation. If there are existing\nagricultural areas within the boundaries of the area, such areas may continue to be\nused for agricultural purposes.\n(3) Any landowner within the boundaries of the area may apply to the office for a\nchange of use to permit the select cutting of timber, a resource removal or an\nagricultural use upon his property located within the area. The office shall provide\npublic notice within thirty (30) days of the receipt of the permit  application, and the\nlandowner or any interested person may, within thirty (30) days of the public notice,\nrequest a public hearing and provide any evidence or information as to whether the\nproposed use by the applying landowner is in accordance with the management plan\ndeveloped pursuant to KRS 146.270, the purpose and intent of the Wild Rivers Act\nas expressed in KRS 146.220, and other applicable law.\n(4) The office shall, within thirty (30) days of the close of the comment period, or\npublic hearing, if one is requested, either:\n(a) Issue an order, with accompanying opinion, denying the permit; or\n(b) Issue an order, with accompanying opinion, granting the permit with such\nrestrictions, terms and conditions as are appropriate to protect to the fullest\nextent possible the wild rivers area and the public trust therein within the\nintent of KRS 146.220; or\n(c) Recommend an alternate use to which the land may be put under KRS\n146.200 to 146.360 which is more consistent with the purposes and intent of\nKRS 146.200 to 146.360 than the use for which application was made; or\n(d) Institute condemnation proceedings in the circuit court of the county in which\nthe land is located or else negotiate a purchase of the land affected, or any\ninterest therein.\n(5) On or before thirty (30) days from the date of the office's determination, the\nlandowner may file with the office a written objection to the determination. If,\nwithin the next sixty (60) days the landowner and the secretary are unable to reach\nan agreement with respect to a modification of the determination, the office must\neither permit the use applied for, condemn the property, or petition the Franklin\nCircuit Court for an order restraining the proposed use. The order shall be entered\nimmediately upon the filin g of the petition and the execution of a bond without\nsurety by the Commonwealth in an amount satisfactory to the court to indemnify the\nlandowner against loss of profits from any wrongful restraint of the use of his\nproperty during the period from the fil ing of the petition until such time as the\nmatter is concluded by the courts. The court shall review the decision as to both law\nand fact; but no factual finding shall be reversed unless clearly erroneous or else\narbitrary, capricious, or an abuse of discretion.","path":["KRS Chapter 146"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47533","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:37Z","sha256":"dd93f8a2af969d08a558e30cccd50f3aa949a7e64898ee1d08748514d9379d52","source_id":"us-ky","stale":false,"prev":"us-ky/krs-146.280","next":"us-ky/krs-146.300"},"notice":"GroundRules: Original legal text. Not legal advice."}