{"data":{"id":"us-ky/krs-151.610","jurisdiction":"us-ky","citation":"KRS 151.610","heading":"Definitions for KRS 151.610 to 151.615.","body":"As used in KRS 151.610 to 151.615, the following definitions shall apply:\n(1) \"Compensatory mitigation\" means replacement of aquatic resource functions and\nvalues adversely impacted by an activity permitted under a Section 404 permit;\n(2) \"HUC 10 watershed \" means a hydrologic unit code (HUC) watershed delineated\naccording to the method of subdivision for the organization of hydrologic data\nestablished by the United States Geological Survey (USGS). As used in KRS\n151.610 to 151.615, \"watershed\" means a HUC 10 watershed;\n(3) \"Mitigation organization\" means an organization that is approved by the USACE as\na mitigation bank or to manage or perform third -party compensatory mitigation\nunder the Section 404 permit program; and is approved for such purposes under th e\nSection 401 certification program;\n(4) \"Mitigation Review Team\" means the interagency committee established pursuant\nto agreement with the USACE pursuant to Section 404 of the Clean Water Act to\napprove proposed projects for design and construction with in-lieu moneys; and\nperform annual reviews of ongoing and completed projects;\n(5) \"Restoration\" means restoring an altered, unstable, or converted wetland or stream\nto a stable condition that improves its geomorphic, biological, and chemical\nintegrity, reduces sedimentation, provides and enhances habitat, improves health of\nthe aquatic community, and restores wetland or stream functions and values;\n(6) \"Riparian\" means the zone of living and nonliving systems that influence or are\ninfluenced by a corridor of a river, stream, or waterbody;\n(7) \"Section 404 permit\" means a permit issued by USACE under 33 U.S.C. sec. 1344\net seq. and \"Section 401 certification\" means a water quality certification issued\nunder 33 U.S.C. sec. 1341;\n(8) \"Stream restoration and mitigation\" means restoration of wetlands, streams, or other\nwaterbodies, and mitigation of adverse effects on waterbodies, in a manner\nconsistent with Sections 404 and 401 of the Clean Water Act;\n(9) \"USACE\" means the United States Army Corps of Engineers;\n(10) \"2020 water management planning council\" means the council established under\nKRS 151.601; and\n(11) \"404 In -lieu Fee Program\" means a USACE -approved method for permittee\nsatisfaction of compensatory mitigation requirements under a Section 404 permit.\nThis method allows a permittee to provide funds to a qualified sponsor rather than\nundertaking a specific mitigation project or purchasing credits from an approved\nmitigation bank.","path":["KRS Chapter 151"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=2137","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:45Z","sha256":"34f0ba51b46251effc2cc6748a289e7153edcc3fe3bb8f0054d2291237d346f7","source_id":"us-ky","stale":false,"prev":"us-ky/krs-151.607","next":"us-ky/krs-151.611"},"notice":"GroundRules: Original legal text. Not legal advice."}