COUNTY ROAD ENGINEER AND MAINTENANCE OF PUBLIC ROADS

KRS tit. XV, ch. 179

in effect

KRS 179.010 Definitions

179.010. Definitions As used in this chapter, unless the context otherwise requires: (1) "County roads" are as defined in KRS 178.010. (2) "County engineer" means county road engineer. (3) "Obstructions" includes any object which prevents the easy, safe and convenient use of a county road for public travel. History: Amended 1964 Ky. Acts ch. 68, sec. 3. -- Amended 1962 Ky. Acts ch. 162, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4308-2, 4338.

KRS 179.020 County road engineer or supervisor

179.020. County road engineer or supervisor (1) The county judge/executive of each county, with the consent of the fiscal court, may employ a county road engineer. Any person so employed shall be either a civil or highway engineer licensed in accordance with KRS Chapter 322, or a person who successfully passed an examination for county road engineer under this section prior to March 24, 1950, and who qualified and served as such. (2) If the fiscal court does not provide for a county road engineer, the duties of the county road engineer, except insofar as they may be in conflict with the provisions of KRS Chapter 322, shall be performed by a county road supervisor, who shall be employed by the county judge/executive with the consent of the fiscal court, and who may be removed in the same manner provided for county road engineers. No person shall be employed as county road supervisor unless he meets the following requirements: (a) He has at least three (3) years' practical road building experience of a nature satisfactory to examining authorities selected by the Department of Highways for the Commonwealth of Kentucky; and (b) He has passed an examination, either oral or written, or both, given by the examining authorities, and has received a certificate of qualification from the authorities. (3) The county surveyor may be employed as county road engineer, if qualified under subsection (1) of this section, or as county road supervisor if qualified under subsection (2) of this section, and for his services as engineer or supervisor he shall receive a salary in addition to fees allowed by law for his services as county surveyor. (4) When no qualified applicant who is acceptable to the fiscal court is available for employment, the county judge/executive, with the consent of the fiscal court, may employ a temporary supervisor not qualified under subsection (2) of this section for a period of three (3) months, but in no event shall a temporary supervisor be used for more than three (3) months during any one (1) term of a county judge/executive. (5) This section shall not be construed to prohibit the supervision of the construction and maintenance of roads, without additional compensation, by the county judge/executive, or by committees of the fiscal court, in counties where the position of road engineer or road supervisor has not been established by the fiscal court. (6) Two (2) or more counties, by a contract approved by order of the fiscal court of each of the counties, may authorize the county judges/executive of the contracting counties to employ the same employee as county road engineer or county road supervisor to serve in all counties so contracting, and for the apportionment of the amount of his salary to be paid by each county. (7) The period of employment for any county road engineer or county road supervisor shall be two (2) or four (4) years, in the discretion of the fiscal court, beginning with the second Tuesday in January of an odd-numbered year. Other terms of employment, and the salaries of all persons employed under the provisions of this section, shall be fixed by the fiscal court. (8) Those persons serving as a county road engineer or supervisor on July 15, 1998, shall continue to serve in that capacity until the second Tuesday in January of 1999, at which time the position of county road engineer or supervisor shall be reappointed for a period of employment as provided in subsection (7) of this section. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 418, sec. 1, effective July 15, 1998. -- Amended 1966 Ky. Acts ch. 255, sec. 165. -- Amended 1950 Ky. Acts ch. 31, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4325.

KRS 179.030 Repealed, 1944

179.030. Repealed, 1944 Catchline at repeal: County engineer in counties of 200,000 population. History: Repealed 1944 Ky. Acts ch. 173, sec. 11. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356L-1 to 436L-5.

KRS 179.040 County engineer -- Office -- Supplies -- Records to be turned over to successors

179.040. County engineer -- Office -- Supplies -- Records to be turned over to successors (1) The county engineer shall have a properly furnished and equipped office at the county seat of his county. (2) The fiscal court shall furnish the county road engineer and his employees in the county with all necessary books, stationery and printed forms for the records and uses of their offices. (3) Each county engineer shall deliver the books, accounts and papers pertaining to his office to his successor at the expiration of his term of office. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4325, 4356g, 4356h.

KRS 179.050 Transportation of engineer -- When fiscal court to furnish

179.050. Transportation of engineer -- When fiscal court to furnish In all counties levying a road tax amounting to over fifty thousand dollars ($50,000), the fiscal court shall, and in other counties the fiscal court may, furnish the county engineer with transportation in performing duties connected with the superintending, construction, repair and maintenance of roads in the county. For this purpose the fiscal court may purchase or rent teams or automobiles which may be used by the county judge/executive or committees of the fiscal court or board of commissioners for inspection of the roads to determine recommendations for needed work and repairs. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4325, 4356v-3.

KRS 179.060 Removal of engineer -- Filling of vacancy

179.060. Removal of engineer -- Filling of vacancy (1) The county judge/executive may remove the county engineer, appointed under KRS 179.020, at any time for incompetency, malfeasance or misfeasance in office upon written charges after a hearing of which ten (10) days' notice shall be given by serving a copy of the charges upon the county engineer. The hearing shall be at the courthouse, in the county seat. (2) If upon the hearing the charges are sustained, the county judge/executive shall remove the county engineer and immediately notify him by mail of his removal. The notice shall state specifically the grounds for removal. The record of the proceedings shall be filed in the office of the county clerk. (3) Within ten (10) days after the removal, the county judge/executive, with the consent of the fiscal court, shall appoint a county engineer to fill the vacancy caused by the removal. The person so appointed shall hold office for the unexpired term or until a final order of a court of competent jurisdiction determines that the original county engineer was wrongfully and illegally removed and directs his reinstatement. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4326.

KRS 179.070 General powers and duties of engineer -- Requirement of site development plan in certain counties

179.070. General powers and duties of engineer -- Requirement of site development plan in certain counties (1) The county engineer shall: (a) Have general charge of all county roads and bridges within the county; (b) See that county roads and bridges are improved and maintained as provided by law; (c) Supervise the construction and maintenance of county roads and bridges and other work of like nature undertaken by the fiscal court or a consolidated local government; (d) Make reports as the county, consolidated local government, or fiscal court directs; (e) Advise and direct employees of contractors how best to repair, maintain, and improve county roads and bridges; (f) Examine the various formations and deposits of gravel and stone in the county to ascertain the materials most available and best suited for the improvement of roads therein, and, when requested by the Department of Highways, submit samples of materials and deposits and make a written report concerning the materials; (g) Establish or cause to be established necessary grades and recommend means of drainage, repair, and improvement; (h) Together with the fiscal court or consolidated local government, consider and either reject or approve plans, specifications, and estimates submitted for the erection or repair of bridges and the construction or maintenance of county roads; (i) Inspect or cause to be inspected each county road or bridge during its construction or improvement, and certify to the fiscal court or the consolidated local government the progress of the work and whether or not the work is being done according to the contract, plans, and specifications prepared therefor. If the work is not being done in accordance with the contract, plans, and specifications, the county engineer may stop any further work thereunder until the fiscal court or consolidated local government has inspected and passed upon it; (j) Remove trees or other obstacles from the right-of-way of any publicly dedicated road when the tree or other obstacles become a hazard to traffic; (k) Make recommendation to municipal authorities in a county containing a city with a population equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census, the mayor in a consolidated local government, or the county judge/executive of a county containing a city with a population equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census for the establishment of speed limits in accordance with the powers granted to municipal authorities, consolidated local governments, and the county judge/executive by KRS 189.390(5)(a), and make recommendations to the county judge/executive or consolidated local government for the establishment of parking restrictions by the county judge/executive or consolidated local government in accordance with KRS 189.390(5)(c); and (l) Make engineering and traffic investigations and make recommendations based thereupon to the fiscal court of counties containing a city with a population equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census or a consolidated local government for the adoption of traffic regulations for any publicly dedicated road in unincorporated portions of the county or for any road made a portion of a county through road system, established in accordance with KRS 178.330 or 178.333, or both, in any manner reasonably calculated to promote the safety and convenience of the traveling public and to protect and preserve the roads and streets. The fiscal court or consolidated local government may adopt regulations which may include but not be limited to the establishment on roads designated in the first sentence of this subsection, of traffic lanes, the installation or removal of electric signals and other signs and markers, the removal of traffic bumps, the limitation or prohibition of parking, and the regulation or prohibition of a size or weight deemed likely to impede traffic or injure the streets; provided, however, that if such regulation of size and weight of vehicles conflicts with state regulations, the latter shall prevail. Nothing herein shall be construed to prevent the fiscal court or consolidated local government from contracting with city authorities for the joint installation of signs, markers, and electric signals and for their maintenance. (2) In counties containing a city of the first class or consolidated local government, or when authorized by ordinance of the fiscal court of a county containing a city with a population equal to or greater than twenty thousand (20,000) based upon the most recent federal decennial census, having the services of a county engineer, every person, subdivider, builder, contractor, or developer of any construction project shall submit to the county engineer for his written approval a site development plan providing for the proper drainage of surface water from the development or construction site so as to prevent flooding of property in the area. If the proposed site plan does not adequately provide for such drainage, the county engineer shall order such changes as necessary before approving the site plan. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 252, effective January 1, 2015. -- Amended 2002 Ky. Acts ch. 346, sec. 191, effective July 15, 2002. -- Amended 1992 Ky. Acts ch. 143, sec. 2, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 261, sec. 1, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 384, sec. 316, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(1). -- Amended 1972 Ky. Acts ch. 348, sec. 1. -- Amended 1964 Ky. Acts ch. 80, sec. 8. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4328. Legislative Research Commission Note (9/2/92). The internal numbering of this statute has been changed by the Reviser of Statutes acting under KRS 7.136(1).

KRS 179.080 Repealed, 1960

179.080. Repealed, 1960 Catchline at repeal: County road precincts. History: Repealed 1960 Ky. Acts ch. 60, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4292, 4293.

KRS 179.090 Repealed, 1960

179.090. Repealed, 1960 Catchline at repeal: Overseer for road precinct; appointment; exempt from road poll tax. History: Repealed 1960 Ky. Acts ch. 60, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356p, 4356q.

KRS 179.100 Repealed, 1960

179.100. Repealed, 1960 Catchline at repeal: Duties of overseer. History: Repealed 1960 Ky. Acts ch. 60, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356r.

KRS 179.110 Repealed, 1978

179.110. Repealed, 1978 Catchline at repeal: Employment and compensation of county road employes. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 8, effective January 2, 1978. -- Amended 1948 Ky. Acts ch. 12, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4329.

KRS 179.120 Repealed, 1960

179.120. Repealed, 1960 Catchline at repeal: Fiscal court may require men to work on roads; compensation. History: Repealed 1960 Ky. Acts ch. 60, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 216aa-22, 4356o.

KRS 179.130 Repealed, 1960

179.130. Repealed, 1960 Catchline at repeal: Payment of money in lieu of road work. History: Repealed 1960 Ky. Acts ch. 60, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356o-1.

KRS 179.140 Repealed, 1978

179.140. Repealed, 1978 Catchline at repeal: County roads to be divided into sections. History: Repealed 1978 Ky. Acts ch. 118, sec. 19, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4330.

KRS 179.150 Engineer to request contractors to put their sections in repair -- Duty of engineer when contractor fails

179.150. Engineer to request contractors to put their sections in repair -- Duty of engineer when contractor fails (1) If any citizen of a road precinct complains to the county engineer, that any contractor has failed to keep his section of road in repair in accordance with the specifications, the county engineer shall cause examinations to be made within five (5) days after the complaint has been made and if upon examination he deems the complaint well founded, he shall give written notice to the party complained of, requesting him to put his section in repair according to the specifications within a reasonable time. (2) If the contractor fails to obey the request, the county engineer shall cause the road to be put in repair, and the cost of the repair shall be deducted from any money allowed the contractor for opening and keeping in repair the section. The fiscal court shall issue a warrant on the treasurer for the money certified, in favor of the persons employed to put the section in repair. If the amount under the control of the court is not sufficient to pay for the repairs, then the additional cost shall be recoverable from the contractor by the county engineer as other claims of equal amount are recoverable by law. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4332.

KRS 179.160 Engineer not to employ relatives -- Reports to fiscal court

179.160. Engineer not to employ relatives -- Reports to fiscal court (1) No county engineer shall employ as a laborer on the public roads, his father, son, son-in-law, grandson, brother, brother-in-law, nephew, or first cousin by blood. (2) On January 1 and July 1 and at such other times as the fiscal court or the county judge/executive requires, the county engineer shall present a full itemized statement of the expenditures made by him since his last report, giving number and names of employees and number of horses employed by him, the time each was employed, the amount paid to and for each, and such other matter as he deems necessary or the court requires. Statements of account shall be prepared according to the public accounting laws of the state, and be certified to by the agent of the county engineer having charge of the work. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 317, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4331.

KRS 179.170 Repealed, 1978

179.170. Repealed, 1978 Catchline at repeal: Fiscal court may purchase machinery -- Engineer to care for road machinery. History: Repealed 1978 Ky. Acts ch. 118, sec. 19, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4335, 4356v-2.

KRS 179.180 Engineer may lease or hire machinery

179.180. Engineer may lease or hire machinery With the approval of the fiscal court the county engineer may lease or hire stone crushers, road rollers, traction engines and other road machinery. The expense thereof shall be paid by the fiscal court as other such claims are paid by it out of the road fund for the repair and improvement of the public roads of the county. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4336.

KRS 179.190 Repealed, 1978

179.190. Repealed, 1978 Catchline at repeal: Engineer may acquire gravel and stone and natural sources thereof. History: Repealed 1978 Ky. Acts ch. 118, sec. 19, effective June 17, 1978; amended ch. 384, sec. 318. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4337. Legislative Research Commission Note. KRS 67.150, 70.550, 70.560, 70.570, 97.791, 179.190, 182.030, 182.040, 204.050, were amended in Reviser's Bill, 1978 Acts, ch. 384, HB 607, secs. 145, 165, 166, 167, 226, 318, 322, 323 and 341; however, 1978 Acts, ch. 118, HB 152, sec. 19 repealed them and prevails. See KRS 7.136(3).

KRS 179.200 Repealed, 1978

179.200. Repealed, 1978 Catchline at repeal: Engineer to inspect roads and bridges, remove stones and weeds, record description of roads and construct foot bridges. History: Repealed 1978 Ky. Acts ch. 118, sec. 19, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4334.

KRS 179.210 Removal of obstructions by contractor or engineer -- Repair of bridges -- Payment of cost

179.210. Removal of obstructions by contractor or engineer -- Repair of bridges -- Payment of cost When a county road is suddenly obstructed or a county bridge becomes unsafe, if it is under contract for continuous maintenance as provided in KRS 178.140, the county engineer shall immediately notify the contractor on whose section of road the obstruction occurs, and within twenty-four (24) hours or as soon as practicable thereafter, such contractor shall remove the obstruction. If the contractor makes no effort to remove the obstruction within twenty-four (24) hours, the county engineer shall immediately employ necessary persons, machinery and teams, and without avoidable delay, cause the obstruction to be removed from the public road, or the bridge to be made safe. The cost of removal shall be recoverable from the contractor, as provided in KRS 179.150. But if the section of obstructed road is not under contract, the county road engineer shall immediately remove the obstructions in like manner, and the cost thereof shall be paid by the fiscal court out of the county road fund. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4334.

KRS 179.220 Fiscal court may order weeds, shrubs and overhanging branches to be removed -- Hedges to be trimmed

179.220. Fiscal court may order weeds, shrubs and overhanging branches to be removed -- Hedges to be trimmed When ordered by the fiscal court, every owner and manager of lands bordering on the public roads shall clear away and carry from alongside the roads, all bushes, weeds, shrubs and overhanging limbs of trees and other obstructions, and keep all hedge fences along the road so trimmed that they at no time will become more than five (5) feet high. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4342a-1.

KRS 179.230 When removal to be made -- Notice of requirements to be published

179.230. When removal to be made -- Notice of requirements to be published (1) The brush, bushes, weeds, overhanging limbs of trees and all other obstructions along the roads shall be removed between July 1 and August 20 of each year, and the county engineer shall publish in some county paper for at least two (2) consecutive weeks before July 1 of every year, in the manner provided in KRS Chapter 424, the requirements of KRS 179.220 and of this section and the order of the fiscal court. (2) The cost of the publication required by subsection (1) of this section shall be paid by the fiscal court of the county in which the notices were published and posted. History: Amended 1970 Ky. Acts ch. 92, sec. 57. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4342a-2, 4342a-4.

KRS 179.240 Owner to remove obstructions -- Dead trees not to be left standing near roads

179.240. Owner to remove obstructions -- Dead trees not to be left standing near roads (1) The owner or occupant of land situated along a public road shall remove from the right-of-way, all obstructions, including fences and buildings, which have been placed there either by himself or by his consent. (2) No person shall kill a tree and leave it standing within fifty (50) feet of any public road. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4339, 4343.

KRS 179.250 Poles and wires not to obstruct roads

179.250. Poles and wires not to obstruct roads Telephone, telegraph, electric railway or other electrical companies shall remove and reset poles and wires when they obstruct the use of public roads. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4340.

KRS 179.260 Pipelines not to obstruct roads

179.260. Pipelines not to obstruct roads Pipeline companies whose lines have been laid across or along any public road shall fill up all excavations made by them and shall make the public road in all respects as good as it was before the excavation was made, and keep it in such condition. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4341.

KRS 179.265 Cost of relocating utility facilities paid by public

179.265. Cost of relocating utility facilities paid by public The cost of relocating any utility facilities originally constructed on other than public right of way required to be moved in the reconstruction or improvement of a public road shall be borne by the Department of Highways in the case of a road on the state system of highways, or by the public agency having jurisdiction over that public road and sponsoring the reconstruction or improvement. History: Created 1966 Ky. Acts ch. 108, sec. 4.

KRS 179.270 Engineer to remove obstructions when owner fails

179.270. Engineer to remove obstructions when owner fails If the obstructions are not removed or reset, or if the excavations are not properly filled and maintained, within thirty (30) days after the service of a notice by the county engineer personally or by mail upon the owner or occupant or upon the company at its principal place of business, or an agent of the company within the county, requesting the removal or resetting, the county engineer shall cause the obstructions to be removed or reset and such repairs on the excavation to be made as may be necessary to place the road in its original condition. The expenses thereby incurred shall be paid in the first instance out of the money levied and collected and available therefor, and shall be charged against the owner or occupant and levied and collected as provided in KRS 179.280. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4341.

KRS 179.280 Procedure for assessing cost when engineer removes obstructions -- Collection and disposition of charges

179.280. Procedure for assessing cost when engineer removes obstructions -- Collection and disposition of charges Before assessing the costs of removing obstructions or resetting poles and wires as provided in KRS 179.240 to 179.270, the county engineer shall serve personally, or by mail, upon the owner or occupant, a written notice, stating that at the time and place specified therein, he or his agent will assess the costs against the owner or occupant neglecting to remove the obstruction or reset the poles and wires. The notice shall be served at least ten (10) days before the time of the assessment. If directed against a corporation, it may be served upon it at its principal place of business or upon any agent within the district or county. At the time and place specified the road engineer shall hear the parties interested and shall thereupon complete the assessment, stating therein the name of the owner or occupant and the amount assessed against him. The county engineer shall return the assessment to the fiscal court of the county and the court shall cause the amount to be levied against the owner or occupant, and any uncollected assessment shall be a lien upon the property affected. The amount levied shall be collected as other taxes levied by the court, and shall be paid into the county road fund to be applied to reimbursing the fund from which the cost was defrayed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4342.

KRS 179.290 Railroad companies not to obstruct county roads

179.290. Railroad companies not to obstruct county roads Every railroad company, including traction line companies, which obstructs any public road, shall as far as possible put the road so obstructed in as good condition at every crossing of the railroad as it was before the obstruction, within six (6) months after the completion of the construction, repair or use of the railroad. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4350.

KRS 179.300 Engineer may enter private lands to prevent flooding of roads

179.300. Engineer may enter private lands to prevent flooding of roads The county road engineer may enter upon any of the lands adjacent to any public road for the purpose of opening any existing ditch or drain, or for digging a new ditch or drain for the free passage of water for the drainage of public roads. He may enter upon land adjoining streams to drive piles, throw up embankments, or to perform any other work necessary to keep the streams within their proper channels, and to prevent their encroachment upon public roads or abutments of bridges. He may also enter upon the lands adjoining a public road, which during the time of high water is subject to overflow from streams to remove or change the position of a fence or other obstructions, preventing the free flow of water under or through a bridge or culvert whenever it is necessary for the protection of a public road or bridge. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4352.

KRS 179.310 Payment of damages for engineer's entry upon private lands

179.310. Payment of damages for engineer's entry upon private lands (1) When lands are entered upon under the provisions of KRS 179.300, the county engineer may agree with the owner of the lands subject to the approval of the fiscal court, as to the amount of damages sustained by the owner because of the entry, and the amount of damages shall be paid by the fiscal court out of the county road fund. (2) If the county engineer is unable to agree with the owner upon the amount of the damages, the amount shall be determined and paid in the manner provided in KRS 178.110. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4353.

KRS 179.320 Erection of guideboards on county roads

179.320. Erection of guideboards on county roads (1) When authorized or directed by the fiscal court, the county engineer shall cause guideboards to be made and placed at each intersection of a county road with another county road or with a state highway. The guideboard shall indicate the direction and distance to the county seat or other noted places to which the road leads. The letters and figures on the guideboards shall be sufficiently large and distinct to be read from a distance of forty (40) feet, and the boards shall not be placed closer than five (5) miles apart. (2) All expenses connected with the erection of such guideboards shall be paid by the fiscal court out of the county levy. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4334, 4353a-1, 4353a-3.

KRS 179.330 Names of county roads -- How changed and established -- Erection of signs

179.330. Names of county roads -- How changed and established -- Erection of signs (1) Every county road shall be known by the name by which it was designated on the map or plat or record in the office of the county clerk of the county in which it is located or by the order of the court establishing the road, or by the deed conveying the right-of-way for the road to the county. (2) When the name of any road has been designated as provided in subsection (1) of this section, the name of the road can only be changed by an order of the county judge/executive or the mayor of a consolidated local government. Such order may be issued on a petition and proceeding in which fifty percent (50%) or more of the property owners abutting upon the road have joined in the petition or have been summoned for a hearing upon the petition by the county judge/executive or the mayor of a consolidated local government at a day and time designated for the hearing or in counties containing a city of the first class or consolidated local government upon the recommendation of the county engineer and of the planning and zoning commission. On similar proceeding an order may be issued designating a name for any unnamed road in the county. (3) The fiscal court or a consolidated local government may cause signs bearing the name of each road as fixed by the county judge/executive or the mayor of a consolidated local government, to be placed on the roads, or it may, by a resolution duly recorded, authorize any person or organization to erect signs, approved as to form by the fiscal court or a consolidated local government, bearing the name designated to the road by the county judge/executive or the mayor of a consolidated local government. (4) No person or organization shall remove or damage any sign erected as hereinabove provided for, or erect or place or cause to be erected or placed, upon a road any sign or signs, indicating, marking, or designating a road by any other name than as hereinabove provided for. (5) Nothing in this section shall prohibit the Department of Highways from designating roads built under the supervision of the Department of Highways, either by name or number. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 192, effective July 15, 2002. -- Amended 1978 Ky. Acts ch. 384, sec. 319, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(1). -- Amended 1964 Ky. Acts ch. 80, sec. 9. - - Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4324-1, 4324-2.

KRS 179.340 Repealed, 1978

179.340. Repealed, 1978 Catchline at repeal: Planting of shade trees along roads -- Care of shade trees. History: Repealed 1978 Ky. Acts ch. 118, sec. 19, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4354, 4355.

KRS 179.350 Roads to be measured by engineer -- Report

179.350. Roads to be measured by engineer -- Report When directed to do so by the Department of Highways, the county engineer shall cause all public roads within his county to be measured. Measurement shall be made either by the use of the cyclometer or otherwise as directed. The report on the measurement shall indicate the roads which have been surfaced with gravel, those which have been surfaced with crushed stone, brick, concrete, or other hard materials, and those which have been shaped and crowned, and the mileage of all roads. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356a.

KRS 179.360 Engineer to examine toll bridges -- Owner to repair bridge -- Engineer to repair bridge when owner fails

179.360. Engineer to examine toll bridges -- Owner to repair bridge -- Engineer to repair bridge when owner fails (1) Whenever complaint in writing, on oath, is made to the county engineer that a privately owned toll bridge in the county is unsafe for public use, the county engineer shall immediately cause an examination of the bridge to be made, and if he finds that the bridge is unsafe for public use, he shall immediately notify the owner of the toll bridge or an agent of the owner that he has carefully examined the bridge on complaint and found it unsafe for public use. The owner shall immediately commence repairing the bridge and cause the necessary repairs to be made within one (1) week from the day the notice is given, or within reasonable time thereafter. No toll shall be charged for the use of the bridge until it is fully repaired. (2) When the owner fails to repair the bridge as provided in subsection (1) of this section, the county engineer shall cause the repairs to be made and the owners of the bridge shall be liable for the expense thereof and for the services of a foreman at three dollars ($3) per day, and upon the neglect or refusal to pay such expenses upon presentation of any account thereof, the county engineer may recover expenses by action in the name of the county. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356c.

KRS 179.370 Closing of roads and bridges for repairs -- Temporary roads

179.370. Closing of roads and bridges for repairs -- Temporary roads (1) If it appears necessary to close a county road or bridge which is being constructed or repaired, the county engineer shall execute a notice in duplicate, stating the necessity for closing the road or bridge, and describing the portion to be closed. He shall cause a copy of the notice to be posted at each end of the portion of the road or bridge to be closed, and shall close such portion to travel by erecting suitable obstructions and posting conspicuous notices to the effect that it is closed. Not more than one (1) mile of any county road shall be closed at one (1) time. (2) The county engineer shall provide a new location for constructing a temporary road to be used in lieu of the closed road, and may erect temporary bridges when necessary. For the purposes of locating or constructing the temporary road or bridge, the county engineer may enter upon the lands adjoining or near the closed road, and may, with the approval of the fiscal court, agree with the owners of the lands as to the damages caused thereby. (3) If the county engineer is unable to agree with the owner upon the amount of damages sustained, the amount shall be ascertained and paid as provided in KRS 178.110. (4) When a county road, or bridge, has been closed to the public as provided in this section, no person shall disregard the obstructions and notices and drive or ride over the portion of the road, or bridge, so closed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356f.

KRS 179.375 Acceptance of donations of roads and driveways to churches, cemeteries and schools

179.375. Acceptance of donations of roads and driveways to churches, cemeteries and schools All counties may accept donations in fee to roads and driveways used by the public in connection with churches, cemeteries and public school buildings. After such acceptance by any county, such roads and driveways shall become a part of the county road system and may be constructed, reconstructed and maintained in accordance with existing law. History: Created 1962 Ky. Acts ch. 162. sec. 2.

KRS 179.380 Approaches to be kept in repair by owner or tenant

179.380. Approaches to be kept in repair by owner or tenant (1) The owner or tenant of lands fronting on a public road shall construct and keep in repair all approaches or driveways to and from the public road under the direction of the county engineer. (2) No owner or tenant shall fill up any ditch or place anything in any ditch so as to interfere with the purposes for which it was made. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356b.

KRS 179.390 Repealed, 1978

179.390. Repealed, 1978 Catchline at repeal: Payment of claims for county road work -- Engineer to present annual itemized account to fiscal court. History: Repealed 1978 Ky. Acts ch. 118, sec. 19, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4333.

KRS 179.400 Counties receiving state aid -- Fiscal court to appropriate money for road purposes -- Contract or cooperative agreement with department for construction, reconstruction, and maintenance of county roads and bridges

179.400. Counties receiving state aid -- Fiscal court to appropriate money for road purposes -- Contract or cooperative agreement with department for construction, reconstruction, and maintenance of county roads and bridges (1) The fiscal court of any county receiving state aid shall appropriate sufficient money to keep all county roads in the county in good repair and free from obstructions. The cost of all repairs and removals of obstruction shall be paid by the treasurer of the county upon the order of the fiscal court, and all bills for repairs or for removal of obstructions shall be verified by affidavit, and shall be certified to be correct by the county engineer. (2) The fiscal court of any county receiving state aid may, if it deems proper, enter into contract or cooperative agreement with the Department of Rural and Municipal Aid for the construction, reconstruction, and maintenance of county roads and bridges selected by the fiscal court. Any contract or cooperative agreement shall designate those roads which the department shall be required to construct, reconstruct, or maintain and shall not be in excess of the projected county allotment for any one (1) fiscal year. The county shall not be responsible for payment to the department of any costs not specified with the contract or cooperative agreement. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 13, sec. 14, effective June 25, 2009. -- Amended 2005 Ky. Acts ch. 98, sec. 11, effective June 20, 2005. -- Amended 1984 Ky. Acts ch. 350, sec. 8, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-14.

KRS 179.410 Allocation of funds appropriated to counties

179.410. Allocation of funds appropriated to counties The Department for Local Government shall allocate the sum appropriated by the General Assembly from the funds arising under the provisions of KRS 177.320(2), for the construction, reconstruction, improvement, and maintenance of county roads and bridges in accordance with the provisions of KRS 177.360(1). Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 117, sec. 80, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 47, sec. 84, effective June 26, 2007. -- Amended 1998 Ky. Acts ch. 69, sec. 67, effective July 15, 1998. -- Amended 1986 Ky. Acts ch. 374, sec. 12, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 350, sec. 9, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 218, sec. 13, effective July 1, 1980. -- Amended 1974 Ky. Acts ch. 291, sec. 2. -- Amended 1964 Ky. Acts ch. 10, sec. 1. -- Amended 1946 Ky. Acts ch. 174, sec. 1. -- Amended 1944 Ky. Acts ch. 105, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4308-2.

KRS 179.415 Payment of pro rata share of funds appropriated to counties

179.415. Payment of pro rata share of funds appropriated to counties (1) On and after the fiscal year beginning July 1, 1980, and each fiscal year thereafter, the Department for Local Government shall pay to each county its pro rata share of any funds appropriated and any unexpended balance of funds appropriated for construction, reconstruction, improvement, and maintenance of county roads and bridges. During each fiscal year, the Department for Local Government shall make quarterly payments to each such county of the funds allocated in accordance with KRS 177.369. (2) The expenditure of any money received by the county in accordance with the provisions of subsection (1) of this section shall be made solely for the purpose of construction, reconstruction, improvement, and maintenance of county roads and bridges. (3) Any county which has received any money in accordance with the provisions of subsection (1) of this section shall retain all records of the expenditure of the money for a period of five (5) years and said records shall be subject to audit by the Department for Local Government for said period of time in order to determine the proper expenditure of said money for the purpose required by KRS 179.410. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 117, sec. 81, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 47, sec. 85, effective June 26, 2007. -- Amended 1998 Ky. Acts ch. 69, sec. 68, effective July 15, 1998. -- Amended 1986 Ky. Acts ch. 374, sec. 13, effective July 15, 1986. -- Created 1980 Ky. Acts ch. 218, sec. 14, effective July 1, 1980.

KRS 179.418 Pilot project evaluating use of chip seal and reclaimed asphalt pavement on gravel roads -- Use of funds by county -- Report

179.418. Pilot project evaluating use of chip seal and reclaimed asphalt pavement on gravel roads -- Use of funds by county -- Report (1) As used in this section: (a) "Chip seal" means a pavement surface treatment that combines one (1) or more layers of asphalt with one (1) or more layers of gravel or fine aggregate; and (b) "Reclaimed asphalt pavement" or "RAP" means removed or reprocessed pavement materials containing asphalt and aggregates generated when asphalt pavements are removed for reconstruction, resurfacing, or to obtain access to buried utilities. (2) Beginning July 1, 2026, and ending June 30, 2030, the Department of Rural and Municipal Aid shall oversee a pilot project evaluating the use of chip seal and RAP on gravel roads. (3) Subject to the limitations in subsection (4) of this section, a county may use funds allocated to it under KRS 177.320(2) to use chip seal or RAP on existing gravel roads in that county's road system. (4) The maximum percentage of county road aid funds a county may use in any fiscal year on chip seal or RAP for county roads under subsection (3) of this section shall be equal to the percentage of roads in that county's county road system that are surfaced with gravel on July 1 of that fiscal year. (5) No later than October 31, 2027, and annually thereafter until October 31, 2030, the Department of Rural and Municipal Aid shall submit a report to the Legislative Research Commission for referral to the Interim Joint Committee on Appropriations and Revenue and the Interim Joint Committee on Transportation on the use of chip seal and RAP on county roads. (6) The report required under subsection (5) of this section shall include: (a) 1. A listing of road miles chip sealed, by county; 2. The cost per mile of chip sealing, by county; 3. An evaluation of the durability of chip seal pavement; and 4. An evaluation of chip seal pavement quality; and (b) 1. A listing of road miles using RAP, by county; 2. The cost per mile of using RAP, by county; 3. An evaluation of the durability of RAP; and 4. An evaluation of RAP pavement quality. Effective: July 1, 2026 History: Created 2026 Ky. Acts ch. 125, sec. 1, effective July 1, 2026.

KRS 179.420 Repealed, 1980

179.420. Repealed, 1980 Catchline at repeal: Use of state money appropriated to counties -- Joint plans. History: Repealed 1980 Ky. Acts ch. 218, sec. 15, effective July 1, 1980. -- Amended 1960 Ky. Acts ch. 140, sec. 1, effective June 16, 1960. -- Amended 1944 Ky. Acts ch. 64, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4308-2, 4308-3.

KRS 179.430 Repealed, 1980

179.430. Repealed, 1980 Catchline at repeal: Department of highways to direct expenditures -- Prescribe rules. History: Repealed 1980 Ky. Acts ch. 218, sec. 15, effective July 1, 1980. -- Amended 1960 Ky. Acts ch. 140, sec. 2, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4308-4, 4308-5.

KRS 179.440 Counties may spend county road funds

179.440. Counties may spend county road funds Nothing in KRS 179.410 and 179.415 shall prohibit any county from spending county road funds for the further and additional maintenance, reconstruction and improvement of county roads. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4308-6.

KRS 179.450 Repealed, 1978

179.450. Repealed, 1978 Catchline at repeal: Engineer to bring actions for county. History: Repealed 1978 Ky. Acts ch. 118, sec. 19, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356d.

KRS 179.460 Engineer not to influence voters

179.460. Engineer not to influence voters No county engineer shall directly or indirectly influence or attempt to influence any voter in any election in the casting of his vote. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356n.

KRS 179.470 Maintenance of subdivision roads in counties

179.470. Maintenance of subdivision roads in counties (1) In counties containing a city with a population equal to or greater than eight thousand (8,000) but less than twenty thousand (20,000), and not containing a city of the first class or a consolidated local government, any street or road located outside of the corporate limits of an incorporated city which is a street or road of a subdivision established by a recorded plat that dedicates the street or road to public use, shall be maintained by the fiscal court of the county in the same manner that roads established under KRS 178.115 are maintained, if the street or road is at least one thousand (1,000) feet in length and at least fifty percent (50%) of the lots abutting the street or road contain houses which are occupied, and the street or road has been or shall be so constructed as to meet the approval of the county road engineer or, if there is no county road engineer, the approval of the fiscal court, such approval being based upon the established standards for county road construction within the county. (2) Notwithstanding the provisions of KRS 178.010(2), in counties containing a city of the first class or a consolidated local government, any street or road located in the area of the county not within a city with a population that equals or exceeds three thousand (3,000) or within the area formerly comprising a city of the first class, which is a street or road of a subdivision that dedicated the street or road to public use, may be maintained by the fiscal court of the county or consolidated local government as the case may be, in the same manner as provided in subsection (1) and subject to the same conditions. In addition, street lights and other improvements already established may be maintained by the fiscal court or consolidated local government. The county or consolidated local government shall be reimbursed for the cost of such maintenance by the abutting property owner whose proportionate share of the cost of maintenance shall be added to the owner's county tax bill and collected in the same manner as other taxes. (3) Notwithstanding the provisions of KRS 178.010(2), in counties containing a population between eighty thousand (80,000) and one hundred fifteen thousand (115,000) and a city with a population equal to or greater than twenty thousand (20,000) or in counties containing a city with a population that is less than eight thousand (8,000) and not a city with a population that equals or exceeds eight thousand (8,000), any street or road in an unincorporated area or a city with a population of less than one thousand (1,000) of the county, which is at least two hundred (200) feet in length and dedicated to public use, may be maintained by the fiscal court of the county in the same manner as provided in subsection (1) of this section. In addition, street lights, garbage collection, water, and sewer services may be provided by the fiscal court. The county shall be reimbursed for the cost of such maintenance and services by the abutting property owner whose proportionate share of the cost of maintenance and services shall be added to the owner's county tax bill and collected in the same manner as county taxes. Further, upon the petition of fifty percent (50%) or more of the abutting property owners of the street or road, the fiscal court may by proper resolution provide for the improvements. (4) No street or road shall be accepted by a fiscal court or consolidated local government under the provisions of subsection (2) or (3) of this section for county maintenance unless twenty-five percent (25%) of the abutting property owners petition the fiscal court or consolidated local government for county maintenance. The fiscal court or consolidated local government within thirty (30) days thereafter shall hold a public hearing on the petition. If fifty percent (50%) of the abutting property owners agree in writing to accept county maintenance, the fiscal court of the county or the consolidated local government may maintain the road or street in the same manner as provided in subsection (2) or (3) of this section as applicable and subject to the same conditions. (5) For the purposes of this section, the population of a city shall be determined by using the most recent federal decennial census data. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 253, effective January 1, 2015. -- Amended 2002 Ky. Acts ch. 346, sec. 193, effective July 15, 2002. -- Amended 1980 Ky. Acts ch. 105, sec. 1, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 337, sec. 1. -- Amended 1972 Ky. Acts ch. 79, sec. 1. -- Amended 1956 Ky. Acts ch. 217, sec. 1, effective May 18, 1956. -- Created 1950 Ky. Acts ch. 5, sec. 1.

KRS 179.480 Dust control treatment of county road by producers transporting natural resources thereon

179.480. Dust control treatment of county road by producers transporting natural resources thereon (1) Upon a finding by the fiscal court that there exists an unabated dust nuisance on a county road resulting from the transportation of natural resources by truck, said court may require the producers of the natural resources that are being hauled on said road to treat said road to control dust. Said producer or producers shall be notified of the fiscal court's finding by certified mail and shall be afforded a reasonable opportunity to treat said road to control dust prior to the county fiscal court initiating dust control treatment. The cost of treatment shall be apportioned among all producers of natural resources using said road. If a producer does not pay his proportionate share within sixty (60) days of the mailing of the bill, the fiscal court may prohibit the movement of the producer's natural resources on county roads until the charges are paid. (2) The proportionate share of costs of any producer shall be determined as the percentage which the tonnage of natural resources hauled by or for the producer over county roads bears to the total tonnage of natural resources hauled on the county roads. The fiscal court shall consult with producers to devise an equitable method for determining proportionate cost shares before instituting charges, but the fiscal court shall be the final authority in determining proportionate costs. (3) Treatment of county roads for dust pursuant to this section shall not include paving, or laying of rock. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 373, sec. 1, effective July 13, 1984.

KRS 179.700 Definitions

179.700. Definitions As used in KRS 179.700 to 179.735 unless the context requires otherwise: (1) "Subdivision" means a group of residential structures or residential lots in an unincorporated part of the county which is served by roads constructed to provide ingress and egress for the residents. Subdivisions may contain nonresidential property so long as the principal nature of the subdivision is residential. (2) "Subdivision road district" means a district in a county or counties which has been established for the maintenance of public roads which are not state or county roads within that district. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 330, sec. 1, effective July 15, 1982.

KRS 179.705 Creation of subdivision road districts -- Limitation on tax levy

179.705. Creation of subdivision road districts -- Limitation on tax levy (1) A subdivision road district may be created in accordance with the procedures of KRS 65.182 for the purpose of maintaining subdivision roads by the procedures set forth in this section. (2) In no event shall the subdivision road district be empowered to levy a special ad valorem tax of more than ten cents ($0.10) on each one hundred dollars ($100) of the assessed valuation of property in the district. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 100, sec. 15, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 330, sec. 2, effective July 15, 1982.

KRS 179.710 Changing territorial limits of established district -- Liability for taxes after change

179.710. Changing territorial limits of established district -- Liability for taxes after change (1) The territorial limits of an established subdivision road district, as established pursuant to KRS 179.700 to 179.735 may be enlarged or diminished in the following way: The trustees of the district shall file a petition in the county clerk's office of the county in which that district and the territory to be annexed or stricken off, or the greater part thereof, is located, describing the territory to be annexed or stricken and setting out the reasons therefor. Notice of the filing of such petition shall be given by publication and posting in the same manner as provided for in KRS 65.182. On the day fixed in the notice, the county judge/executive shall, if the proper notice has been given, and the publication made, and no written objection or remonstrance is interposed enter an order annexing or striking off the territory described in the petition. Fifty-one percent (51%) or more of the freeholders of the territory sought to be annexed or stricken off may, at any time before the date fixed in the notice, remonstrate in writing, filed in the clerk's office, to the action proposed. If such written remonstrance be filed, the clerk shall properly give notice to the trustees of the subdivision road district and the county judge/executive shall hear and determine the same. If upon such hearing, the county judge/executive finds from the evidence that a failure to annex or strike off such territory will materially retard the functioning of the district and materially adversely affect the owners and the inhabitants of the territory sought to be annexed or stricken off, he shall enter an order, granting the annexation or striking off the territory. In the latter event, no new petition to annex or strike off all or any part of the same territory shall be entertained for a period of two (2) years. Any aggrieved person may bring an action in Circuit Court to contest the decision of the county judge/executive. (2) The property in any territory annexed to a subdivision road district shall not be liable to taxation for the purpose of paying any indebtedness incurred by the district prior to the date of the annexation of such territory, except such indebtedness as represents balance owing on purchase price of road equipment. (3) The property in any territory stricken off from a subdivision road district by the incorporation of or annexation by a city of this Commonwealth shall not be relieved of liability of such taxes as may be necessary to pay its proportionate share of the indebtedness incurred while such territory was a part of that district. (4) Territories stricken by action of the county judge/executive under the provisions of subsection (1) of this section shall be relieved of liability for all indebtedness incurred by the subdivision road district. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 330, sec. 3, effective July 15, 1982. Legislative Research Commission Note. A reference in subsection (1) of this section was changed to KRS 65.182 by the Reviser of Statutes pursuant to KRS 7.136. The publication and notice referred to in this sentence were deleted from KRS 179.705 by 1984 Ky. Acts ch. 100, sec. 15. KRS 65.182 contains the current applicable provision, but requires publication only.

KRS 179.715 Board of trustees -- Selection -- Terms -- Officers -- Removal of appointed members

179.715. Board of trustees -- Selection -- Terms -- Officers -- Removal of appointed members (1) Upon creation of a subdivision road district as provided in KRS 179.700 to 179.735, the affairs of the district shall be conducted by the board of trustees consisting of seven (7) members, four (4) to be elected by the residents of the district as hereinafter set out and three (3) to be appointed by the county judge/executive. Four (4) members of the board of trustees shall be elected by the residents of the subdivision road district and shall be residents and property owners of the district. The county judge/executive of the county in which the greater part of the district is located shall, with approval of the fiscal court, appoint three (3) members of the board of trustees, who shall reside in a county in which the district is located. At the first election held after the district is formed, two (2) residents and property owners of the district shall be elected to serve on the board of trustees for a period of two (2) years and two (2) for a period of four (4) years. On the expiration of the respective terms, the successor to each shall have the same qualifications as his predecessor and shall be elected for a term of four (4) years. In the event of a vacancy in the term of an elected trustee, the remaining elected trustees shall elect a trustee to fill the vacancy for the balance of the term. The original appointed members of the board of trustees shall be appointed for terms of one (1), two (2), and three (3) years respectively; and on the expiration of their respective terms, the successor to each shall have the same qualifications as his predecessor and shall be appointed for a term of four (4) years. In the event of a vacancy in the term of an appointed trustee, the county judge/executive shall appoint a trustee for the remainder of the term. (2) The elective offices of members of the board of trustees shall be filled by an election to be held once each year on a date determined by the county judge/executive. The polls shall be located at the principal voting location in the district. The date, time, and place of the election shall be advertised in accordance with KRS 424.120. This notice shall be advertised at least thirty (30) days prior to the election date and shall include the names and addresses of the candidates to be voted on for each position of trustee. The terms of the three (3) trustees appointed by the county judge/executive shall start at the same time as the term of the elected trustees. The terms of the trustees shall begin on the beginning of the fiscal year or calendar year, depending on which basis the subdivision road district is being operated. (3) Such trustees shall elect from their number a chairman, a secretary, and a treasurer, the latter of whom shall give bond in such amount as shall be determined by the county judge/executive of the county in which the greater part of the subdivision road district is located, conditioned upon the faithful discharge of the duties of his office, and the faithful accounting for all funds which may come into his possession as such treasurer. The premiums on such bonds shall be paid out of the funds of the district. (4) An appointed member of the board of trustees may be removed pursuant to KRS 65.007. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 136, sec. 4, effective July 15, 1996. -- Created 1982 Ky. Acts ch. 330, sec. 4, effective July 15, 1982.

KRS 179.720 Taxes levied by district -- Maintenance of roads by county

179.720. Taxes levied by district -- Maintenance of roads by county (1) Upon the creation of a subdivision road district as provided in KRS 179.700 to 179.735, the trustees of such district are hereby authorized to levy a tax rate upon the property in said district, provided that said property is subject to county tax, and not exceeding ten cents ($0.10) per one hundred dollars ($100) of valuation as assessed for county taxes, for the purpose of defraying the expenses of the maintenance of roads within the subdivision district. The rate set in this subsection shall apply, notwithstanding the provisions of KRS 132.023. (2) The trustees of a district may contract with the county containing the district to perform maintenance on or to provide personnel, materials or equipment for maintenance to be performed upon any road in the district. The county may maintain or provide personnel, materials or equipment for the maintenance of the roads of a district, so long as the district agrees to pay the county's total cost of providing services, personnel, materials or equipment. (3) The property valuation administrator of the county or counties involved, with the cooperation of the board of trustees, shall note on the tax rolls the taxpayers and valuation of the property subject to such assessment. The county clerk shall compute the tax on the regular state and county tax bills in such manner as may be directed by regulation of the Department of Revenue. (4) Such taxes shall be subject to the same delinquency date, discounts, penalties and interest as are applied to the collection of ad valorem taxes and shall be collected by the sheriff of the county or counties involved and accounted for to the treasurer of the district. The sheriff shall be entitled to a fee of four percent (4%) of the amount collected by him. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 85, sec. 604, effective June 20, 2005. -- Amended 1986 Ky. Acts ch. 65, sec. 1, effective July 15, 1986. -- Created 1982 Ky. Acts ch. 330, sec. 5, effective July 15, 1982.

KRS 179.725 Minute book

179.725. Minute book (1) The secretary of the board of trustees shall keep a minute book, appropriately bound and marked, in which the minutes of each meeting of the board shall be kept, together with all resolutions, tax levies, and other important material the board may designate. A copy of all material required to be kept by the secretary shall be on file in the office of the clerk of the county in which the greater part of the subdivision road district lies. The public shall have the right to inspect the book and its contents at all times. (2) Subdivision road districts shall be subject to the provisions of KRS 65.007, 65.060 to 65.070 and 65.164 to 65.176. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 330, sec. 6, effective July 15, 1982.

KRS 179.730 Legal representation

179.730. Legal representation (1) The board may, in its discretion, employ or retain a regularly licensed attorney to advise it on all matters pertaining to its duties and may delegate such authority to said attorney not forbidden by law. (2) In addition to the attorney provided for in subsection (1) of this section, the county attorney in the county in which the subdivision road district lies shall advise and represent the board in all matters and on the occasions when the board so requests. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 330, sec. 7, effective July 15, 1982.

KRS 179.735 Reimbursed expenses

179.735. Reimbursed expenses Members of the board of trustees of a subdivision road district shall be reimbursed for the necessary and reasonable expenses which they incur in the performance of their duties. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 330, sec. 8, effective July 15, 1982.

KRS 179.990 Penalties

179.990. Penalties (1) Any county engineer who fails to comply with the provisions of subsection (3) of KRS 179.040 shall be fined five hundred dollars ($500). (2) Any person who fails to perform the duties imposed by KRS 179.220 and 179.230 shall be fined not less than twenty dollars ($20) nor more than fifty dollars ($50). (3) Any county engineer who fails to publish the notices required by KRS 179.230 shall be fined not less than twenty-five dollars ($25), nor more than one hundred dollars ($100). (4) Any person who violates subsection (2) of KRS 179.240 shall be fined not less than ten dollars ($10) nor more than fifty dollars ($50). (5) Any railroad company that fails to comply with the provisions of KRS 179.290 within the specified time, shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each failure. (6) Any county engineer who willfully fails to comply with the provisions of KRS 179.320 for sixty (60) days after the fiscal court has ordered the guideboards to be erected, shall be fined not more than twenty-five dollars ($25). (7) Any person who violates subsection (4) of KRS 179.330, shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100) for each offense. (8) Any owner of a toll bridge who fails to repair the bridge when ordered to do so under the provisions of KRS 179.360 shall be fined fifty dollars ($50). (9) Any person who violates subsection (4) of KRS 179.370 shall be fined not less than five dollars ($5) nor more than twenty-five dollars ($25). (10) Any person who violates subsection (2) of KRS 179.380 shall be fined not less than ten dollars ($10) nor more than fifty dollars ($50). (11) Any county engineer who violates KRS 179.460 shall be fined not less than twenty dollars ($20) nor more than one hundred dollars ($100) for each offense. (12) Any county engineer who fails to perform the duties of his office shall, unless a different penalty is prescribed, be fined not over one hundred dollars ($100). (13) Any county engineer who fails to cause contractors for county road and bridge work to perform their duties shall be fined not over one hundred dollars ($100). (14) Any county engineer who fails to prosecute for any penalty provided in KRS Chapters 178 and 179, knowing that the penalty has been incurred, shall be fined twenty-five dollars ($25) for each failure to prosecute. (15) If a fiscal court or county judge/executive willfully fails to perform any duty required of it by the provisions of this chapter, except KRS 179.230 and 179.320, every member of the court concurring in the failure shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100) by the Circuit Court of the county. (16) All fines imposed by this chapter shall be paid into the county road fund. (17) No fine imposed by this chapter shall bar an action for damages for breach of contract. (18) Any person, subdivider, builder, contractor or developer of any construction project who violates subsection (2) of KRS 179.070 shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each offense. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 320, effective June 17, 1978. -- Amended 1972 Ky. Acts ch. 348, sec. 2. -- Amended 1962 Ky. Acts ch. 210, sec. 25. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4320, 4324-1, 4327, 4342a-3, 4343, 4346, 4349, 4350, 4353a-2, 4356b, 4356c, 4356e, 4356f, 4356h, 4356n, 4356o, 4356q. Legislative Research Commission Note (9/2/92). The former reference to subsection (13) of KRS 179.070 contained in subsection (18) of this statute has been changed to subsection (2) because of the internal renumbering of KRS 179.070.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38003Fetched: 10/20/2026