{"data":{"id":"us-ky/krs-349.020","jurisdiction":"us-ky","citation":"KRS 349.020","heading":"Filing of objections to drilling -- Filing of real property interest claims --","body":"Issuance of drilling permit -- Department to notify Division of Mine Permits of\napplications to drill -- Appeal to review board.\n(1) If the drilling of a coalbed methane we ll could adversely affect the present or future\nuse or operation of a workable coalbed, any coal interest holder may object to a\nproposed coalbed methane well, the well's location, the proposed stimulation in the\nworkable coalbed, or the proposed completio n in the workable coalbed. Any coal\ninterest holder, within twenty (20) days of receipt of the plat by him or her and by\nthe department, may file specific objections in writing with the department. The\nfiled objections shall provide sufficient detail for the applicant to identify the nature\nand substance of the objection. The department shall notify the applicant of the\nobjections and fix a time and place for a hearing before the review board to be\nconducted in accordance with KRS Chapter 13B and this chapter.\n(2) If any coal interest holder, notified pursuant to KRS 349.015, or any other person,\nclaims to have a valid real property interest in, or the current legal right to produce,\ncoalbed methane, the person claiming the real property interest or right sh all notify\nthe applicant and the department, in writing, within twenty (20) days from the\nreceipt of the plat by him or her and by the department. The person also shall\nrequest that a pooling order be entered pursuant to KRS 349.080(1).\n(3) If the record o il and gas lessor, lessee, or well operator notified pursuant to KRS\n349.015, or any other person, claims to have a valid real property interest in, or the\ncurrent legal right to produce, coalbed methane, the person claiming the real\nproperty interest or r ight shall notify the applicant and the department, in writing,\nwithin twenty (20) days from the receipt of the plat by him. The person shall request\nthat a pooling order be entered pursuant to KRS 349.080(1).\n(4) If no objections are filed within the twen ty (20) day period, the department shall\nimmediately issue a drilling permit to the well operator approving the location of\nthe well and authorizing the well operator to proceed to drill at that location,\nprovided all other preconditions to issuance of a permit, as contained in this chapter,\nhave been met.\n(5) Upon receipt of an application to drill a coalbed methane well, the department shall\nprovide a copy of the required plat and permit application to the division. Within\nfifteen (15) days of receipt by the division, notification shall be sent to the\ndepartment by the division as to whether the proposed coalbed methane well will be\nlocated within the boundaries of any coal mine for which a permit has been issued\nor has been applied for pursuant to KRS Cha pter 350. If the proposed coalbed\nmethane well is to penetrate a workable coalbed that is within the area of an\nexisting permit for an underground mine issued by the division, or the proposed\npermitted area of a pending application or permit modification f or an underground\nmine before the division, the written authorization of the mine permittee shall be\nrequired prior to issuance by the department of a permit to stimulate, complete, or\nhorizontally drill the coalbed methane well in the workable coalbed tha t is within\nthe area of an existing permit for an underground mine issued by the division or\nwithin the proposed permitted area of a pending application or permit modification\nfor an underground mine before the division. If the proposed coalbed methane wel l\nis to be located within a surface area permitted, or proposed in a pending\napplication or permit modification to be issued by the division, the written\nauthorization of the mine permittee shall be required prior to issuance by the\ndepartment of a permit to drill the coalbed methane well. In the absence of the\nwritten authorization of the mine permittee, the applicant may file an appeal with\nthe review board requesting approval to drill the proposed coalbed methane well if:\n(a) Authorization has been denied by the mine permittee; and\n(b) The proposed location and area to be disturbed by the proposed coalbed\nmethane well has achieved either a partial bond release status or the bond for\nthe area has been forfeited.","path":["KRS Chapter 349"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32727","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:34Z","sha256":"4754bd4111ae11a911907486229613bdfb1f1fbd866f3b6591f0267ccd5c5576","source_id":"us-ky","stale":false,"prev":"us-ky/krs-349.015","next":"us-ky/krs-349.025"},"notice":"GroundRules: Original legal text. Not legal advice."}