{"data":{"id":"us-ky/krs-350.610","jurisdiction":"us-ky","citation":"KRS 350.610","heading":"Designation of lands as unsuitable for surface coal mining.","body":"(1) The secretary of the Energy and Environment Cabinet is hereby authorized to\nestablish a planning process enabling objective decisions based upon competent and\nscientifically sound data as to which, if any, lands of the Commonwealth are\nunsuitable for all o r certain types of surface coal mining operations pursuant to the\nstandards set forth in this chapter; provided, that any such designation shall not\nprevent coal or other mineral exploration of any area so designated.\n(2) Upon petition and hearing pursuant  to subsection (6) of this section, the secretary\nshall designate an area as unsuitable for all or certain types of surface coal mining\noperations, if the secretary determines that reclamation pursuant to this chapter is\nnot technologically and economically feasible.\n(3) Upon petition and hearing pursuant to subsection (6) of this section, a surface area\nmay be designated unsuitable for certain types of surface coal mining operations if\nsuch operations will:\n(a) Be incompatible with existing state and local land use plans; or\n(b) Affect fragile or historic lands in which such operations could result in\nsignificant damage to important historic, cultural, scientific, and aesthetic\nvalues, and natural systems; or\n(c) Affect renewable resource lands in which suc h operations could result in a\nsubstantial loss or reduction of long -range productivity of water supply or\nfood or fiber products, and such lands to include aquifers and aquifer recharge\nareas; or\n(d) Affect natural hazard lands in which such operations co uld substantially\nendanger life and property, such lands to include areas subject to frequent\nflooding and areas of unstable geology.\n(4) Determinations of the unsuitability of land for surface coal mining shall be\nintegrated as closely as possible with pr esent and future land use planning and\nregulation processes at any appropriate level of government, including but not\nlimited to any valid exercise of authority of a municipality or county, acting\nindependently or jointly, pursuant to KRS Chapter 100.\n(5) The requirements of this section shall not apply to lands on which coal mining\noperations were being conducted on August 3, 1977, or under a permit issued\npursuant to this chapter or where substantial legal and financial commitments in\nsuch operation were in existence prior to January 4, 1977.\n(6) Other provisions of this chapter relating to hearings to the contrary notwithstanding,\nany person having an interest which is or may be adversely affected shall have the\nright to petition the cabinet to the extent  such a petition would be consistent with\nsubsections (2) and (3) of this section, to have a specific and well -defined area\ndesignated as unsuitable for surface coal mining operations, or to have such a\ndesignation terminated. Such a petition shall contain allegations of facts which shall\nbe specific as to the petitioner's designated area, including a justification that the\ncriteria alleged occur throughout and form a significant feature, and shall be based\nupon objective evidence which would tend to establ ish the allegations. The cabinet\nshall make a determination or finding whether the petition is complete, incomplete,\nor frivolous. Within ten (10) months after the receipt of the petition, the cabinet\nshall hold a public hearing in the locality of the affe cted area, after appropriate\nnotice and publication of the date, time, and location of such hearing, pursuant to\nregulations promulgated by the cabinet to implement this section, provided that\nwhen a permit application is pending before the cabinet and suc h application\ninvolves an area in a designation petition, the cabinet shall hold the hearing on the\npetition within ninety (90) days of its receipt. After a person having an interest\nwhich is or may be adversely affected has filed a petition and before the  hearing,\nany person may intervene by filing allegations of facts with supporting evidence\nwhich would tend to establish the allegations. Within sixty (60) days after such a\nhearing, the cabinet shall issue and furnish to the petitioner and any other party  to\nthe hearing, a written decision regarding the petition, and the reasons therefor. In the\nevent that all petitioners stipulate agreement prior to the requested hearing and\nwithdraw their request, such hearing need not be held. Within thirty (30) days af ter\nreceipt of an order, determination, finding, or decision by the cabinet or the\nsecretary hereunder, any applicant, or any person with an interest which is or may\nbe adversely affected and who is aggrieved by the order, determination, finding, or\ndecision of the cabinet or secretary, may obtain judicial review thereof by appealing\nto the Circuit Court of Franklin County pursuant to the provisions of KRS 224.10 -\n470.\n(7) Prior to designating any land areas as unsuitable for surface coal mining operations,\nthe cabinet shall prepare a detailed statement on:\n(a) The potential coal resources of the area;\n(b) The demand for coal resources;\n(c) The impact of such designation on the environment, the economy, and the\nsupply of coal; and\n(d) The characteristics of the petition area including a justification that the criteria\nalleged occur throughout the petition area and form a significant feature.\n(8) Subject to subsection (5) of this section, the cabinet shall not issue a permit to\nconduct s urface coal mining and reclamation operations in contravention of any\ndesignation or any decision on any petition pursuant to subsection (6) of this section\nregarding any surface area designated unsuitable for mining; nor shall the cabinet\nissue a permit to conduct surface coal mining and reclamation operations in an area\nunder study for such designation in an administrative proceeding already\ncommenced under subsection (6) of this section.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32872","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:36Z","sha256":"ad51cf580cfc1583597b1497a57d38500fc19ea1681a70da04f08f79d37a5064","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.600","next":"us-ky/krs-350.700"},"notice":"GroundRules: Original legal text. Not legal advice."}