{"data":{"id":"us-ky/krs-151.611","jurisdiction":"us-ky","citation":"KRS 151.611","heading":"Stream Restoration and Mitigation Authorities -- Powers -- Limitation on","body":"authority -- Legislative preferences on funding uses.\n(1) A Stream Restoration and Mitigation Authority may be established for any HUC 10\nwatershed in the Commonwealth. Ea ch authority formed under this section shall be\na public body corporate and politic with the authority to:\n(a) Sue and be sued;\n(b) Enter into contracts with public and private individuals and corporations and\nengage in cooperative agreements with federal,  state, and local governments\nor agencies, utilities, special districts, and nonprofit organizations for the\nperformance of its duties and functions under KRS 151.610 to 151.615;\n(c) Employ personnel as needed, as its fiscal resources may allow, and use th e\nservices of volunteers individually or through agreement with governmental\nagencies, nonprofit organizations, or foundations;\n(d) Receive and expend funds from any source, including but not limited to\nprivate donations, charitable contributions, public g rants, 404 In -lieu Fee\nProgram, and appropriations from the General Assembly; and\n(e) Acquire, sell, and hold real interests in property.\n(2) Nothing in KRS 151.610 to 151.615 shall be construed to empower or authorize an\nauthority established under KRS 15 1.610 to 151.615 to exercise regulatory powers\nwith respect to water resources or water quality. An authority established under\nKRS 151.610 to 151.615 shall not be vested with the power of eminent domain.\n(3) It is the preference of the General Assembly th at funds contributed by a permittee\nunder a Section 404 Permit into an in -lieu fund for a project designed for stream\nrestoration and mitigation be utilized within the watershed where the adverse effects\noccur. The General Assembly recognizes that conserva tion and protection of the\nwater resources of the Commonwealth, including streams, rivers, wetlands, and\nriparian habitats, may involve, in addition to restoration and enhancement of aquatic\nand riparian habitat, proper management of wastewater and stormwa ter, and\nabatement of pre -existing sources of pollution. Where an authority has been\nqualified by the USACE to manage an in -lieu fee or other compensatory mitigation\narrangement that is approved after July 15, 2008, under Section 404, and to the\nextent that the USACE and the Mitigation Review Team has approved the use of\nsuch funds for elimination of pre -existing sources of pollution, the authority may\nexpend a portion of the funds for those purposes, provided that the:\n(a) Funds spent on water quality impr ovements are a component of a stream or\nwetland restoration plan for replacement of aquatic resource functions and\nvalues;\n(b) Project has been reviewed and approved by the USACE and the Division of\nWater as being consistent with Sections 404 and 401 of th e Clean Water Act;\nand\n(c) In-lieu fees shall be available statewide, to all one hundred twenty (120)\ncounties, subject to federal and state regulatory requirements.\n(4) Nothing in KRS 151.610 to 151.615 shall preclude the authority, when acting as an\napproved qualified organization managing an in-lieu fee arrangement approved after\nJuly 15, 2008, from combining funding from other sources with in-lieu fees in order\nto achieve efficiencies in stream restoration or mitigation.","path":["KRS Chapter 151"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47327","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:45Z","sha256":"7b4676d0888121ac3b3e144d87cd5da1087d50aff1347b26d5283aa629d15847","source_id":"us-ky","stale":false,"prev":"us-ky/krs-151.610","next":"us-ky/krs-151.612"},"notice":"GroundRules: Original legal text. Not legal advice."}