{"data":{"id":"us-ky/krs-278.704","jurisdiction":"us-ky","citation":"KRS 278.704","heading":"Merchant electric generating facility -- Construction certificate -- Location","body":"of exhaust stack -- Decommissioning and setback requirements -- Public\nmeeting concerning property acquisition -- Exception.\n(1) No person shall commence to con struct a merchant electric generating facility until\nthat person has applied for and obtained a construction certificate for the facility\nfrom the board. The construction certificate shall be valid for a period of three (3)\nyears after the issuance date of  the last permit required to be obtained from the\nEnergy and Environment Cabinet after which the certificate shall be void. The\ncertificate shall be conditioned upon the applicant obtaining necessary air, water,\nand waste permits. If an applicant has not o btained all necessary permits and has\nnot commenced to construct prior to the expiration date of the certificate, the\napplicant shall be required to obtain a new valid certificate from the board.\n(2) (a) Except as provided in subsections (3), (4), and (5) of this section, no\nconstruction certificate shall be issued to construct a merchant electric\ngenerating facility unless:\n1. The exhaust stack of the proposed facility and any wind turbine is at\nleast one thousand (1,000) feet from the property boundary of  any\nadjoining property owner;\n2. All proposed structures or facilities used in connection with the\ngeneration of electricity are two thousand (2,000) feet from any\nresidential neighborhood, school, hospital, or nursing home facility; and\n3. With regard to  a wind power facility, the maximum height of the wind\nturbine, as measured from the natural grade to the top of the hub where\nthe rotor attaches, does not exceed three hundred fifty (350) feet.\n(b) For purposes of applications for site compatibility certi ficates pursuant to\nKRS 278.216:\n1. Only the exhaust stack of the proposed facility to be actually used for\ncoal or gas-fired generation shall be required to be at least one thousand\n(1,000) feet from the property boundary of any adjoining property\nowner and two thousand (2,000) feet from any residential neighborhood,\nschool, hospital, or nursing home facility;\n2. Any proposed structure to be actually used for the generation of\nelectricity from solar or wind power shall be at least one thousand\n(1,000) feet from the property boundary of any adjoining property\nowner; and\n3. Any proposed structures or facilities used in connection with the\ngeneration of electricity from solar or wind power shall be at least two\nthousand (2,000) feet from any residential neighborhood, school,\nhospital, or nursing home facility.\n(3) If the merchant electric generating facility is proposed to be located in a county or a\nmunicipality with planning and zoning, then maximum height, decommissioning,\nand setback requirements from a property boundary, residential neighborhood,\nschool, hospital, or nursing home facility may be established by the planning and\nzoning commission. Any decommissioning requirement, maximum height\nlimitation, or setback established by a planning and zoning commission for a\nfacility in an area over which it has jurisdiction shall:\n(a) Except with regard to the minimum dec ommission bonding amount required\nin KRS 278.706(2)(m)5.a., have primacy over the decommissioning\nrequirements in KRS 278.706(2)(m), the maximum height limitation in\nsubsection (2)(a)3. of this section, and the setback requirement in subsections\n(2) and (5) of this section; and\n(b) Not be subject to modification or waiver by the board through a request for\ndeviation by the applicant, as provided in subsection (4) of this section or\notherwise.\n(4) The board may grant a deviation from the requirements of subs ection (2) of this\nsection on a finding that the proposed facility is designed to and, as located, would\nmeet the goals of KRS 224.10 -280, 278.010, 278.212, 278.214, 278.216, 278.218,\nand 278.700 to 278.716 at a distance closer than those provided in subse ction (2) of\nthis section.\n(5) If the merchant electric generating facility is proposed to be located on a site of a\nformer coal processing plant in the Commonwealth where the electric generating\nfacility will utilize on-site waste coal as a fuel source, then the one thousand (1,000)\nfoot property boundary requirement in subsection (2)(a)1. of this section shall not\nbe applicable; however, the applicant shall be required to meet any other setback\nrequirements contained in subsection (2)(a)2. of this section.\n(6) If requested, a merchant electric generating entity considering construction of a\nfacility for the generation of electricity or a person acting on behalf of such an\nentity shall hold a public meeting in any county where acquisition of real estate or\nany interest in real estate is being considered for the facility. A request for such a\nmeeting may be made by the commission, or by any city or county governmental\nentity, including a board of commissioners, planning and zoning, fiscal court,\nmayor, or cou nty judge/executive. The meeting shall be held not more than thirty\n(30) days from the date of the request.\n(7) The purpose of the meeting under subsection (6) of this section is to fully inform\nlandowners and other interested parties of the full extent of  the project being\nconsidered, including the project time line. One (1) or more representatives of the\nentity with full knowledge of all aspects of the project shall be present and shall\nanswer questions from the public.\n(8) Notice of the time, subject, an d location of the meeting under subsection (6) of this\nsection shall be posted in both a local newspaper, if any, and a newspaper of\ngeneral circulation in the county. Notice shall also be placed on the websites of the\nunregulated entity, and any local governmental unit. Owners of real estate known to\nbe included in the project and any person whose property adjoins at any point any\nproperty to be included in the project shall be notified personally by mail. All\nnotices must be mailed or posted at least two (2) weeks prior to the meeting.\n(9) The merchant electric generating entity or a person acting on behalf of a merchant\nelectric generating entity shall, on or before the date of the public meeting held\nunder subsection (6) of this section, provide notice o f all research, testing, or any\nother activities being planned or considered to:\n(a) The Energy and Environment Cabinet;\n(b) The Public Service Commission;\n(c) The Transportation Cabinet;\n(d) The Attorney General; and\n(e) The Office of the Governor.\n(10) Subsections (6) to (9) of this section shall not apply to any facility or project that\nhas already received a certificate of construction from the board.","path":["KRS Chapter 278"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57882","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:31Z","sha256":"ad8beb20b04a044cfe8622b6b904e23e1ac039d3ebe988b589b62996c3b1b021","source_id":"us-ky","stale":false,"prev":"us-ky/krs-278.702","next":"us-ky/krs-278.706"},"notice":"GroundRules: Original legal text. Not legal advice."}