{"data":{"id":"us-ky/krs-349.065","jurisdiction":"us-ky","citation":"KRS 349.065","heading":"Authority of Coalbed Methane Well Review Board to hear and rule upon","body":"appeals of actions of the Department of Natural Resources -- Hearings.\n(1) The department shall notify the review board of the objection, request, or appeal as\nset forth in KRS 349.060(1) and schedule a time and place for a hearing.\n(2) Notice of the hearing shall be given not less than fifteen (15) days in advance of the\nhearing to the applicant, surface owners, and all other parties as required under KRS\n349.020, 349.070, or 349.085 , as applicable. The hearing of the review board shall\nbe held within thirty (30) days after the filing of the objection, request, or appeal or\nas soon thereafter as the review board can be assembled.\n(3) All proceedings before the review board shall be co nducted in accordance with\nKRS Chapter 13B.\n(4) With respect to any objection filed pursuant to KRS 349.015 concerning the\nproposed coalbed methane well, or its location, stimulation or completion, appeals\narising under KRS 349.020(5), or requests for a he aring arising under this chapter,\nthe review board shall make a determination as to whether a permit shall be issued\nby the department and any conditions to be included within the permit, which\ndetermination and order shall be consistent with the intent an d purposes of KRS\nChapters 350 and 352 and this chapter, taking into consideration the following\nfactors that it considers applicable in the particular proceeding:\n(a) The declaration of public policy and legislative findings as set forth in this\nchapter;\n(b) Whether the proposed coalbed methane well can be drilled safely, taking into\nconsideration the dangers from creeps, squeezes, or other disturbances due to\nthe extraction of coal;\n(c) The feasibility of moving the proposed drilling location to another location;\n(d) Whether any stimulation of the workable coalbed will have a significant\nadverse affect on the mineability of that workable coalbed or any other\nworkable coalbeds within five hundred (500) feet of the proposed coalbed\nmethane well to be stimulated or within the five hundred (500) foot horizontal\nradius and fifty (50) vertical feet above or below the workable coalbed\nproposed to be stimulated or impair mine safety;\n(e) Whether the drilling location is above or in close proximity to any mine\nopening, shaft, entry, travelway, airway, haulageway, drainageway or\npassageway, or to any proposed extension thereof, any abandoned, operating\ncoal mine or any coal mine already surveyed and platted but not yet being\noperated;\n(f) Whether the proposed drilling  can reasonably be done through an existing or\nplanned pillar of coal, or in close proximity to an existing or planned pillar of\ncoal, taking into consideration the surface topography;\n(g) The extent to which the proposed drilling location interferes with the safe\nrecovery of coal or coalbed methane;\n(h) The extent to which the proposed drilling location will unreasonably interfere\nwith present or future coal mining operations;\n(i) The technology and methods proposed for the safe and efficient recovery of\ncoal and coalbed methane;\n(j) The practicality of locating the coalbed methane well out of a uniform pattern\nwith other wells;\n(k) The surface topography and use; and\n(l) Any other factor the review board determines would be considered consistent\nwith KRS Chapters 350 and 352 and this chapter.\n(5) Upon consideration of the matters raised at the hearing, the review board shall\nrender a decision based upon the ability to mine  any affected workable coalbed\nsafely and the protection of any workable coalbed for safe future mining, shall enter\na written order containing findings of fact and conclusions which address any\nrelevant considerations in subsection (4) of this section, an d based thereon shall\nissue and file with the department a written order directing it to:\n(a) Refuse to issue a coalbed methane well permit;\n(b) Issue a permit for the proposed coalbed methane well location and any\nconditions to be included within the permit;\n(c) Issue a coalbed methane well permit and any conditions to be included within\nthe permit for an alternate drilling location different from that requested by the\napplicant; or\n(d) Issue a permit authorizing the applicant to stimulate the coalbed meth ane well\nin the absence of an agreement of the affected coal interest holders as\ndescribed in KRS 349.045(1), as proposed or as modified by the order of the\nreview board.\n(6) With respect to any request for a hearing pursuant to KRS 349.025 by a coalbed\ninterest holder, or any record oil or gas lessor or lessee of any tract being penetrated\nby a coalbed methane well, to determine whether the well has been abandoned and\nshould be plugged in accordance with this chapter, the review board shall make a\ndetermination as to whether the coalbed methane well should be plugged, which\ndetermination and order shall be consistent with the intent and purposes of KRS\nChapters 350 and 352 and this chapter, taking into consideration the following\nfactors that it considers applicable in the particular proceeding:\n(a) Whether the coalbed methane well has ceased to produce in paying quantities,\nand no dewatering operations are being conducted, for a period of fifteen (15)\nconsecutive months;\n(b) Whether the coalbed methane well is being temporarily shut in by the coalbed\nmethane well operator; and\n(c) Any other factor the review board determines should be considered consistent\nwith this section.\n(7) Upon consideration of the matters raised at the hearing, the review board shall\nrender a decision based upon whether the coalbed methane well has been\nabandoned and should be plugged in accordance with this chapter; shall enter a\nwritten order containing findings of fact and conclusions which address any relevant\nconsideration in subsection (6) of this section based thereon; and shall issue and file\nwith the department a written order directing the department to:\n(a) Require the coalbed methane well operator to plug and abandon the well;\n(b) Allow the coalbed methane well operator to c ontinue to operate and produce\nthe well; or\n(c) Allow the coalbed methane well operator to continue to shut in the coalbed\nmethane well on a temporary basis.\n(8) Upon receipt of the review board order, the department shall promptly undertake the\naction dir ected by the review board, provided that all other provisions of this\nchapter have been complied with.","path":["KRS Chapter 349"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32736","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:34Z","sha256":"d94ac6843fad191e8b3e648df069c186be238b0e966181c4868add8738217572","source_id":"us-ky","stale":false,"prev":"us-ky/krs-349.060","next":"us-ky/krs-349.070"},"notice":"GroundRules: Original legal text. Not legal advice."}