SOIL AND WATER CONSERVATION

KRS tit. XXI, ch. 262

in effect

KRS 262.010 Definitions

262.010. Definitions (1) "Board" means the board of supervisors of a conservation district; (2) "Commission" means the Conservation Commission; (3) "District" means a conservation district whenever used in KRS 262.010 to 262.660 or a watershed conservancy district whenever used in KRS 262.700 to 262.795; (4) "Due notice" means notice published in accordance with the legal notice provisions of KRS Chapter 424; (5) "Infrastructure" means the plant and assets required for maintaining a district office; (6) "Land occupier" or "occupier of land" includes any person other than the landowner who is in possession of any lands lying within the district, whether as lessee or otherwise; (7) "Landowner" or "owner of land" includes any person who holds legal or equitable title to the land within the district determined as follows: (a) By his, her, or their names appearing on the recorded deed to the land; (b) By title derived through a probated will or by the laws of descent and distribution under KRS Chapter 391; (c) Where a minor or person adjudged mentally disabled is the owner of land within the district, the guardian or conservator or whoever has the power of attorney shall have the right to vote for such landowner under the provisions of KRS Chapter 262; (d) Where the will has not been probated by the date of the referendum or election as provided in KRS Chapter 262, the executor of the deceased landowner shall have the right to vote for the devisee or devisees; (e) Where the land within the districts is held in trust, the trustee shall have the right to vote for the landowner under the provisions of KRS Chapter 262; (f) A landowner shall be entitled to but one (1) vote whenever he is given the right to vote under KRS Chapter 262 regardless of the number of tracts or parcels of land which he owns either wholly or in part, within the district; (g) Where a trustee, executor, guardian, conservator, or other person with authority to vote for a landowner exercises such duty in relation to two (2) or more estates or tracts of land, within a district, such person shall have the right to vote separately for each such landowner which he represents within the district; (h) In the case of a dispute as to whether or not a person has the right to vote in an election or referendum under the provisions of KRS Chapter 262, the person seeking such right must provide to the satisfaction of the polling superintendent that he has the right to vote under this section. (8) "Supervisor" means one (1) of the members of the governing body of a conservation district. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 51, sec. 1, effective June 26, 2007. -- Amended 1982 Ky. Acts ch. 141, sec. 78, effective July 1, 1982. -- Amended 1972 Ky. Acts ch. 99, sec. 1. -- Amended 1966 Ky. Acts ch. 23, sec. 59; and ch. 239, sec. 179. -- Amended 1964 Ky. Acts ch. 117, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective November 1, 1942, from Ky. Stat. sec. 42i-3. Legislative Research Commission Note. 1980 Ky. Acts ch. 396, sec. 83 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 262.020 Purpose of soil and water conservation district -- Methods of achieving purpose

262.020. Purpose of soil and water conservation district -- Methods of achieving purpose The purpose of a soil and water conservation district is to conserve and develop all renewable natural resources within the district. In so doing, the district is authorized to undertake, sponsor, or participate in projects and activities which promote the conservation, development, maintenance and use of the land, water, trees and other renewable natural resources of the district. Such projects and activities shall include but not be limited to conservation practices on agricultural lands, the control of soil erosion, retardation of water runoff, the construction of flood prevention and control reservoirs, the maintenance of flood plains, the promotion of projects to assure an adequate municipal, industrial and agricultural supply of water, watershed stabilization, the avoidance and abatement of sedimentation and pollution in streams and other bodies of water, forestation and reforestation, the establishment of parks and outdoor recreation areas, the protection of open space, greenbelt areas and scenery, the preservation of wilderness areas, the protection of fish and wildlife, working for the location of highways, industries, housing developments, airports and other structures as are consistent with the district's objectives and will offer the least possible interference with the conservation and best multiple use of the renewable natural resources, and all other activities consistent with the total natural resources development of the district. History: Amended 1968 Ky. Acts ch. 64, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective November 1, 1942, from Ky. Stat. sec. 42i-2.

KRS 262.025 Transfer of State Soil Conservation Committee functions to Soil and Water Conservation Commission

262.025. Transfer of State Soil Conservation Committee functions to Soil and Water Conservation Commission All of the functions of the State Soil Conservation Committee provided in this chapter are hereby transferred to and shall be exercised by the Soil and Water Conservation Commission. History: Amended 1966 Ky. Acts ch. 23, sec. 60. -- Created 1960 Ky. Acts ch. 68, Art. XIV, sec. 4.

KRS 262.030 Repealed, 1960

262.030. Repealed, 1960 Catchline at repeal: State Committee; membership; part of the Department of Conservation. History: Repealed 1960 Ky. Acts ch. 68, Art. XIV, sec. 6, effective March 17, 1960. -- Amended 1950 Ky. Acts ch. 106, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-4.

KRS 262.040 Repealed, 1960

262.040. Repealed, 1960 Catchline at repeal: Chairman of committee; hearings; quorum. History: Repealed 1960 Ky. Acts ch. 68, Art. XIV, sec. 6, effective March 17, 1960. -- Amended 1950 Ky. Acts ch. 106, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-4.

KRS 262.050 Repealed, 1960

262.050. Repealed, 1960 Catchline at repeal: Compensation of committee. History: Repealed 1960 Ky. Acts ch. 68, Art. XIV, sec. 6, effective March 17, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-4.

KRS 262.060 Repealed, 1960

262.060. Repealed, 1960 Catchline at repeal: Committee to keep record; to adopt seal. History: Repealed 1960 Ky. Acts ch. 68, Art. XIV, sec. 6, effective March 17, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-4.

KRS 262.070 Repealed, 1960

262.070. Repealed, 1960 Catchline at repeal: Assistance from other state agencies; delegation of duties. History: Repealed 1960 Ky. Acts ch. 68, Art. XIV, sec. 6, effective March 17, 1960. -- Amended 1950 Ky. Acts ch. 106, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-4.

KRS 262.080 Repealed, 1946

262.080. Repealed, 1946 Catchline at repeal: Committee to have employes bonded. History: Repealed 1946 Ky. Acts ch. 27, sec. 37. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-4.

KRS 262.090 Functions of state commission

262.090. Functions of state commission The commission shall: (1) Supervise the organization and discontinuance of soil conservation districts. (2) Supervise the appointment of members of soil conservation district boards of supervisors. (3) Secure the cooperation and assistance of other agencies of the federal, state and local governments in the development of a complete soil conservation program. (4) Perform such acts and promulgate such regulations as may be necessary to carry out its functions. Effective: June 21, 1974 History: Amended 1974 Ky. Acts ch. 151, sec. 1, effective June 21, 1974. -- Amended 1950 Ky. Acts ch. 106, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-4.

KRS 262.095 Appropriations -- How used

262.095. Appropriations -- How used Appropriations out of the State Treasury to finance the program of the Soil and Water Conservation Commission shall be paid out directly on the orders of the chairman, and shall be used to pay the expenses of the commission. History: Amended 1950 Ky. Acts ch. 106, sec. 5. -- Created 1942 Ky. Acts ch. 120, sec. 1.

KRS 262.096 Repealed, 2019

262.096. Repealed, 2019 Catchline at repeal: Budget reports -- What to include. History: Repealed 2019 Ky. Acts ch. 50, sec. 7, effective June 27, 2019. -- Created 1942 Ky. Acts ch. 120, sec. 2.

KRS 262.097 Reports from districts -- Compliance with KRS 65A.010 to 65A.090 -- Exception

262.097. Reports from districts -- Compliance with KRS 65A.010 to 65A.090 -- Exception (1) The supervisors of the respective soil and water conservation districts shall submit to the commission such statements, estimates, budgets, and other information at such time and in such manner as the commission requires. (2) The supervisors of the soil and water conservation districts shall comply with the provisions of KRS 65A.010 to 65A.090, except that KRS 65A.030 shall not apply to soil and water conservation districts. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 139, sec. 2, effective June 27, 2025. -- Amended 2013 Ky. Acts ch. 40, sec. 71, effective March 21, 2013. -- Created 1942 Ky. Acts ch. 120, sec. 3.

KRS 262.100 Petition for district

262.100. Petition for district (1) Any twenty-five (25) owners of land lying within the limits of the territory proposed to be organized into a district, and within counties that maintain a full-time county agricultural extension agent, may file a petition with the commission asking that a soil conservation district be organized to function in the territory described in the petition. The petition shall set forth: (a) The proposed name of the district; (b) A statement that there is need, in the interest of the public health, safety and welfare, for a district to function in the territory described in the petition; (c) A description of the territory proposed to be organized as a district, which description need not be given by metes and bounds or by legal subdivisions, but shall be sufficient if generally accurate; (d) A request that the commission define the boundaries for the district; that a referendum be held within the defined territory on the question of the creation of a district in that territory; and that the commission determine that a district be created. (2) Where more than one petition is filed covering parts of the same territory, the commission may consolidate all or any of those petitions. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-5.

KRS 262.110 Hearing on creation of district -- Matters to be considered

262.110. Hearing on creation of district -- Matters to be considered (1) Within thirty (30) days after a petition has been filed with the commission under KRS 262.100, it shall cause due notice to be given of a proposed hearing upon the questions of the desirability and necessity, in the interest of the public health, safety and welfare, of the creation of the district; of the appropriate boundaries to be assigned to the district; of the propriety of the petition and other proceedings taken under this chapter, and upon all questions relevant to such inquiries. All owners and occupiers of land within the limits of the territory described in the petition and of lands within any territory considered for addition to the described territory, and all other interested parties may attend the hearing and be heard. (2) If it appears upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned, due notice of further hearing shall be given throughout the entire area considered for inclusion in the district and a further hearing shall be held. After that hearing, if the commission determines, upon the facts presented at the hearing and upon other available relevant information, that there is need, in the interest of the public health, safety and welfare, for a district to function in the territory considered at the hearing, it shall make and record the determination, and shall define, by metes and bounds or by legal subdivisions, the boundaries of the district. (3) In making the determination and in defining the boundaries, the commission shall give weight and consideration to the topography of the area considered and that of the state; the composition of soils; the distribution of erosion; the prevailing land- use practices; the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits those lands may receive from being included within the boundaries; the relation of the proposed area to existing watersheds and agricultural regions and to other districts already organized or proposed for organization under this chapter; and other relevant physical, geographical and economic factors, having regard to the legislative determinations set forth in KRS 262.020. The territory to be included within the boundaries need not be contiguous. If the commission determines after the hearing, after consideration of the relevant facts, that there is no need for a district to function in the territory considered at the hearing, it shall make and record the determination and shall deny the petition. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-5.

KRS 262.120 Referendum on creation of district

262.120. Referendum on creation of district After the commission has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for the organization of a district in a particular territory and has defined the boundaries of that district, it shall consider the question whether the operation of a district within those boundaries with the powers conferred upon districts in this chapter is administratively practicable and feasible. To assist the commission in the determination of administrative practicability and feasibility, the commission shall, within a reasonable time after entry of the finding that there is need for the organization of the district and the determination of the boundaries of the district, hold a referendum within the proposed district upon the proposition of the creation of the district, and cause due notice of the referendum to be given. The question shall be submitted to the voters in the following form: "For creation of a soil conservation district of the lands below described and lying in the County (or Counties) of ...., ...., and ...." and "Against creation of a soil conservation district of the lands below described and lying in the County (or Counties) of ...., and ....." The voter shall be instructed to vote "yes" for one or the other of the propositions, as the voter may favor or oppose creation of the district. The boundaries of the proposed district as determined by the commission shall be set forth. Only owners of lands lying within the boundaries of the territory, as determined by the commission, shall be eligible to vote in the referendum. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 360, sec. 75, effective July 15, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-5.

KRS 262.130 Commission to pay for and supervise conduct of referendum -- Equal representation of opposing sides

262.130. Commission to pay for and supervise conduct of referendum -- Equal representation of opposing sides (1) The commission shall pay all expenses for the issuance of notices and the conduct of the hearings and referendum provided for in KRS 262.110 and 262.120, and shall supervise the conduct of the hearings and referendum. It shall issue appropriate regulations governing the conduct of the hearings and referendum and providing for the registration prior to the date of the referendum of all eligible voters, or prescribing some other appropriate procedure for the determination of the eligibility of voters in the referendum. (2) In all referendums under this chapter, provision shall be made for those opposing the establishment of a district or the adoption of any regulation to have equal representation with the proponents of the measure in the registration and determination of eligibility of voters, in the election officers, in the holding of the referendum, in the custody of the votes cast and in the canvassing and certifying of the returns. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 360, sec. 76, effective July 15, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-5.

KRS 262.140 Commission to determine feasibility of district when majority favor

262.140. Commission to determine feasibility of district when majority favor (1) The commission shall publish the result of the referendum held under KRS 262.120 and shall then determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the commission determines that the operation of the district is not administratively practicable and feasible, it shall record the determination and deny the petition. If the commission determines that the operation of the district is administratively practicable and feasible, it shall record the determination and shall proceed with the organization of the district in the manner provided in KRS 262.150. In making the determination the commission shall give regard and weight to the attitudes of the owners and occupiers of lands lying within the defined boundaries, the number of landowners eligible to vote in the referendum who have voted, the proportion of the votes cast in the referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the landowners and occupiers of the proposed district, the probable expense of carrying on erosion-control operations within the district, and such other economic and social factors as may be relevant to the determination, having due regard to the legislative determinations set forth in KRS 262.020. (2) The commission shall not determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district have been cast in favor of creation of the district. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-5.

KRS 262.150 Appointment of district supervisors by commission -- Qualifications -- Term

262.150. Appointment of district supervisors by commission -- Qualifications -- Term (1) If the commission determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint three (3) supervisors to act with the four (4) supervisors elected as provided by KRS 262.220 and 262.240. (2) The three (3) supervisors appointed under subsection (1) shall be persons who by training and experience are qualified to perform the services required of them by this chapter, and they shall serve until supervisors are elected at the next regular elections of supervisors as provided for under KRS 262.240. Effective: June 21, 1974 History: Amended 1974 Ky. Acts ch. 151, sec. 2, effective June 21, 1974. -- Amended 1950 Ky. Acts ch. 106, sec. 6. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 42i-5, 42i-7.

KRS 262.160 Supervisors to present application to Secretary of State and file statement of committee

262.160. Supervisors to present application to Secretary of State and file statement of committee (1) The three (3) supervisors appointed under KRS 262.150 shall present to the Secretary of State an application signed by them, which shall set forth the following: (a) Recitals that a petition for the creation of the district was filed with the commission pursuant to this chapter and that the proceedings were taken pursuant to the petition; that the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body under this chapter; and that the commission has appointed them as supervisors. (b) The name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office. (c) The term of office of each of the supervisors. (d) The name which is proposed for the district. (e) The location of the principal office of the supervisors of the district. (2) The application shall be subscribed and sworn to by each of the supervisors before an officer authorized to take and certify oaths, who shall certify upon the application that he personally knows the supervisors and knows them to be the officers as affirmed in the application, and that each has subscribed to the application in the officer's presence. (3) The application shall be accompanied by a statement by the committee, which shall certify by mere recitals, that: (a) A petition was filed, notice was issued and hearing was held. (b) The commission determined that there was need, in the interest of the public health, safety and welfare, for a district to function in the proposed territory and defined the boundaries of the territory. (c) Notice was given and a referendum held on the question of the creation of the district and the result of the referendum showed a majority of the votes cast in the referendum to be in favor of the creation of the district. (d) The commission determined that the operation of the proposed district was administratively practicable and feasible. (4) The statement shall set forth the boundaries of the district as they have been defined by the commission. Effective: June 21, 1974 History: Amended 1974 Ky. Acts ch. 151, sec. 3, effective June 21, 1974. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-5.

KRS 262.170 Secretary of State to record application and issue certificate of creation

262.170. Secretary of State to record application and issue certificate of creation (1) The Secretary of State shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other district or so nearly similar as to lead to confusion or uncertainty, he shall receive and file the application and statement and record them in an appropriate book of record in his office. (2) If the Secretary of State finds that the name proposed for the district is identical with that of any other district or so nearly similar as to lead to confusion and uncertainty, he shall certify that fact to the commission, which shall submit to the Secretary of State a new name which is not subject to such defects. Upon receipt of the new name, free of such defects, the Secretary of State shall record the application and statement, with the name so modified, in an appropriate book of record in his office. (3) When the application and statement have been made, filed and recorded, as provided in this section, the district shall come into existence as a public body corporate and politic. The Secretary of State shall make and issue to the supervisors a certificate, under the seal of the state, as to the organization of the district, and shall record a copy of the certificate with the application and statement. (4) In any action involving the validity or enforcement of, or relating to, any contract or action of the district, the district shall be deemed to have been established in accordance with this chapter upon proof of the issuance of the certificate by the Secretary of State. A copy of the certificate properly certified by the Secretary of State shall be admissible in evidence in any such action and shall be proof of the filing and contents of the certificate. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-5.

KRS 262.180 Territory included in district -- Addition of territory -- Procedure

262.180. Territory included in district -- Addition of territory -- Procedure (1) The territory of a district shall include all lands lying within the boundaries of a district, including incorporated cities and towns. (2) Petitions for including additional territory within an existing district may be filed with the commission, and the proceedings provided for by KRS 262.100 to 262.180 in the case of petitions to organize a district shall be observed as far as may be practicable in the case of petitions for inclusion. The commission shall prescribe the form for such petitions, which shall be as nearly as may be in the form prescribed by KRS 262.100 for petitions to organize a district. The Secretary of State shall receive the application for inclusion of the area within the district and shall attach such application to the original file containing the papers by which such district was organized. Where the total number of landowners in the area proposed for inclusion is less than twenty-five (25), the petition may be filed when signed by a majority of the landowners of the area, and in that case, no referendum need be held. In a referendum upon a petition for inclusion of additional territory, all owners of land lying within the proposed additional area shall be eligible to vote. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 44, sec. 30, effective June 27, 2019. -- Amended 1972 Ky. Acts ch. 99, sec. 2, effective June 16, 1972. -- Amended 1968 Ky. Acts ch. 64, sec. 2. -- Amended 1966 Ky. Acts ch. 23, sec. 61. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective November 1, 1942, from Ky. Stat. sec. 42i-5.

KRS 262.190 When subsequent petitions may be filed after denial

262.190. When subsequent petitions may be filed after denial After the expiration of six (6) months from the date of entry of a determination by the commission, denying a petition for a proposed district, subsequent petitions covering the same or substantially the same territory may be filed and action taken thereon in accordance with KRS 262.100 to 262.180. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-5.

KRS 262.200 Nature of district -- Governing body -- Corporate powers -- Operating funds

262.200. Nature of district -- Governing body -- Corporate powers -- Operating funds (1) A district shall constitute a governmental subdivision of the state and public body corporate and politic, exercising public power. (2) The governing body of the district shall consist of a board of seven (7) supervisors. On organization of a district, the first two (2) supervisors shall be appointed by the committee as provided in KRS 262.150, and five (5) shall be elected under KRS 262.210 and 262.220. The supervisors shall hold no other city, county, or state elective office. Where the need for urban representation on the board of supervisors exists, it shall be limited to three (3) members. (3) The board may sue and be sued in the name of the district; have a seal, which shall be judicially noticed; have perpetual succession unless terminated as provided in KRS 262.530 to 262.560; make and execute contracts and other instruments necessary or convenient to exercise its powers. (4) The board may request annual operating funds from the fiscal court. To support the request, the board shall present to the fiscal court a report of the previous year's operation, a long range plan for natural resource development, and an annual plan of work. Should a fiscal court fail to approve a requested budget, it shall present a specific list of objections and suggested corrections to the board in writing and within a reasonable time. If a budget request is not approved, the board may submit a revised budget request. Funds for an approved budget shall be supplied either from general funds or from the levy of a millage tax on all real property within the boundaries of the county. The tax shall be collected in the same manner as other county taxes, and shall be credited to the board. The funds so collected shall be expended by the board for the employment of soil conservation aids and for other purposes directly associated with the program, including promotional activities, prize moneys, office equipment and supplies, and incidentals deemed necessary. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 272, sec. 1, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 199, sec. 1, effective July 15, 1980. -- Amended 1958 Ky. Acts ch. 151, sec. 1, effective June 19, 1958. -- Amended 1950 Ky. Acts ch. 106, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 42i-5, 42i-7, 42i-8.

KRS 262.210 Nomination of supervisors by petition

262.210. Nomination of supervisors by petition Nominating petitions shall be filed with the clerk of the county in which the district lies to nominate candidates for supervisors of the district. Such petitions shall be filed by at least the last date prescribed by the election law generally for filing certificates of nomination prior to a general election. Such petitions shall be filed no later than 4 p.m. local time at the place of filing when filed on the last date on which such papers are permitted to be filed. Each nominating petition shall be subscribed by twenty-five (25) or more qualified voters who are residents of the territory to be encompassed by the district. Resident qualified voters may join in nominating by petition more than one (1) candidate for supervisor. The nominating petition shall state the residence and post office address of each candidate, that he or she is legally qualified to hold the office, that the subscribers desire and are legally qualified to vote for the candidate, and for candidates who have not taken office prior to June 29, 2023, that the candidate is at least eighteen (18) years of age. The county clerk shall certify the nomination and election of supervisors to the commission. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 10, sec. 7, effective June 29, 2023. -- Amended 1986 Ky. Acts ch. 185, sec. 5, effective January 1, 1987; ch. 470, sec. 42, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 185, sec. 29, effective July 13, 1984. -- Amended 1974 Ky. Acts ch. 151, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-6.

KRS 262.220 Election for supervisors -- County clerk's duties

262.220. Election for supervisors -- County clerk's duties The county clerk shall cause the names of all nominees on behalf of whom nominating petitions have been filed under KRS 262.210 to be prepared for presentation to the voters in the regular elections as provided in KRS 117.145. In counties encompassing more than one (1) soil and water conservation district, where portions of more than one (1) district are within the boundaries of a single voting precinct, separate votes shall be taken for the election of supervisors. The election of soil and water conservation district supervisors shall be subject to the provisions of KRS Chapter 118 for the conduct of regular elections, except that the cost of placing the names of the nominees before the voters shall be borne by the commission. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 360, sec. 77, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 236, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 151, sec. 5. -- Amended 1972 Ky. Acts ch. 99, sec. 4. -- Amended 1950 Ky. Acts ch. 106, sec. 8. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-6.

KRS 262.230 Board chairman -- Quorum

262.230. Board chairman -- Quorum (1) The board shall select a chairman and may, from time to time, change that selection. (2) A majority of the supervisors shall constitute a quorum and the concurrence of a majority shall be necessary for a determination of the board. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-7.

KRS 262.240 Supervisors' terms -- Nomination and election -- Vacancies -- Compensation -- Requirements to hold office -- Removal -- Immunity for official acts

262.240. Supervisors' terms -- Nomination and election -- Vacancies -- Compensation -- Requirements to hold office -- Removal -- Immunity for official acts (1) A supervisor's term begins on January 1 following his or her election. Supervisors shall be elected for four (4) years as their terms expire. Nominating petitions for supervisors shall be filed with the county clerk not later than the last date prescribed by the election law generally for filing certificates and petitions of nomination. No such nominating petition shall be accepted by the clerk unless it is signed by twenty-five (25) or more qualified resident voters of the district. Qualified resident voters may sign more than one (1) nominating petition to nominate more than one (1) candidate for supervisor. In the event nominating petitions for only the number of supervisors to be elected are filed, the commission shall declare the nominees elected without holding an election. The county clerk shall examine the petition of each candidate to determine whether it is regular on its face. If there is an error, the county clerk shall notify the candidate by certified mail within twenty -four (24) hours of filing. (2) A supervisor shall hold office until his or her successor has been elected and has qualified. Vacancies shall be filled for the unexpired term by appointment by the commission. (3) A supervisor may be reimbursed for expenses necessarily incurred in the discharge of his or her duties and may be paid a per diem for attending meetings or ot herwise discharging the obligations of his or her office. (4) A supervisor shall be at least eighteen (18) years of age, a resident of the county or district in which he or she serves as a supervisor, and upon moving from the county or district, the supervisor shall be ineligible to serve as a supervisor and his or her office shall be vacant. (5) A supervisor who has been declared elected without an election pursuant to subsection (1) of this section may be removed from office by the commission in the same manner as provided by KRS 65.007 for removal of an appointed member of the governing body of a special district. (6) A supervisor serving on the board of a district shall be immune from personal liability in any civil or criminal action which is based upon any official act or acts performed reasonably and in good faith by the supervisor. Effective: April 4, 2024 History: Amended 2024 Ky. Acts ch. 77, sec. 3, effective April 4, 2024. -- Amended 2023 Ky. Acts ch. 10, sec. 8, effective June 29, 2023. -- Amended 1984 Ky. Acts ch. 185, sec. 30, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 18, sec. 22, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 151, sec. 6. -- Amended 1962 Ky. Acts ch. 26, sec. 1. -- Amended 1960 Ky. Acts ch. 68, Art. XIV, sec. 5. -- Amended 1950 Ky. Acts ch. 106, sec. 9. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-7.

KRS 262.250 Board may hire employees, delegate functions and bond employees

262.250. Board may hire employees, delegate functions and bond employees (1) The board may employ such employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. (2) The board may delegate to the chairman, to one or more supervisors, or to one or more agents or employees such powers and duties as it may deem proper. (3) The supervisors shall provide for the execution of surety bonds for all employees and officers who are entrusted with funds or property. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-7.

KRS 262.260 Designation of city or county representative to consult with board -- Appropriation by city or county to assist in program

262.260. Designation of city or county representative to consult with board -- Appropriation by city or county to assist in program The board may by resolution invite the legislative body of any city and/or administrative body of any county (fiscal court) in which the district is located or nearby, to select a representative to consult with the board of the district on all questions of program and policy which may affect the property, water supply, or other interests of the city or county, and to request by resolution that said city and/or county participate wholly or partially in any expense attendant to the execution of any program and/or policy, setting forth in said resolution all details of the program and/or policy together with an estimated annual cost. Should said legislative body approve said program and/or policy, it may expend funds out of its respective tax levy to assist in said program and/or policy. Effective: October 1, 1942 History: Amended 1946 Ky. Acts ch. 83, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-7.

KRS 262.270 Board may make regulations

262.270. Board may make regulations To carry into effect the purposes of this chapter, the board may make, and from time to time amend and repeal, regulations not inconsistent with this chapter. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-8.

KRS 262.280 Board to provide record -- Audits of district accounts -- Data to be furnished to commission

262.280. Board to provide record -- Audits of district accounts -- Data to be furnished to commission (1) The board shall provide for the keeping of a full and accurate record of all its proceedings and of all resolutions, regulations, and orders iss ued or adopted by it. (2) Notwithstanding KRS 65A.030, an audit of the accounts of each soil and water conservation district shall take place once every four (4) years unless the soil and water conservation district receives or expends one million dollars ($1,000,000) or more in any year, in which case the soil and water conservation district shall provide for the performance of an annual audit. The audit shall be conducted in accordance with audit standards and requirements stipulated in KRS 65.065(5). (3) Upon request of the commission, the board shall furnish the commission with copies of ordinances, regulations, orders, contracts, forms, and other documents adopted or employed by the board and any other information requested by the commission concerning the board's activities. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 139, sec. 3, effective June 27, 2025. -- Amended 2013 Ky. Acts ch. 40, sec. 72, effective March 21, 2013. -- Amended 2007 Ky. Acts ch. 114, sec. 2, effective June 26, 2007. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-7. Legislative Research Commission Note (3/21/2013). Under the authority of KRS 7.136, the Reviser of Statutes has corrected a manifest clerical or technical e rror in subsection (2) of this statute. A period has been inserted before the phrase "for fiscal periods beginning on and after July 1, 2014," and the first letter of the word "for" has been capitalized.

KRS 262.290 Board may acquire, maintain and dispose of property -- Other laws not to apply

262.290. Board may acquire, maintain and dispose of property -- Other laws not to apply (1) The board may obtain options upon and acquire in any way any property or rights or interests in property. It may maintain, administer and improve property acquired, receive the income therefrom and spend the income in administering this chapter. It may dispose of any of its property or interests in furtherance of this chapter. (2) The board may construct, improve and maintain structures necessary or convenient for the performance of operations authorized by this chapter. (3) No statute relating to the acquisition, operation or disposition of property by public bodies shall apply to a district unless the General Assembly specifically so states. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-8.

KRS 262.300 Board may conduct research work

262.300. Board may conduct research work The board may conduct surveys, investigations and research relating to the character of soil erosion and the preventive and control measures needed, publish the results of the surveys, investigations or research and disseminate information concerning such preventive and control measures. No district shall initiate any research program except pursuant to a cooperative agreement entered into between the agricultural experiment station and the district. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-8.

KRS 262.310 Board may develop soil conservation plans

262.310. Board may develop soil conservation plans The board may develop comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion within the district. The plans shall specify in such detail as may be possible, the acts, procedures, performances and avoidances which are necessary or desirable for the effectuation of the plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices and changes in use of land. The board shall publish those plans and information and bring them to the attention of owners and occupiers of lands within the district. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-8.

KRS 262.320 Board may employ erosion-control measures -- Cooperation with other agencies

262.320. Board may employ erosion-control measures -- Cooperation with other agencies (1) The board may carry out preventive and control measures within the district, including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land and other measures of soil conservation listed in KRS 262.020, on lands owned or controlled by this state or any of its agencies, with the consent and cooperation of the agency administering and having jurisdiction of the lands and on any other lands within the district, upon obtaining the consent of the owners and occupiers of the lands or the necessary rights or interests in those lands. (2) In carrying on erosion-control and prevention operations, the board may cooperate or enter into agreements with any agency, governmental or otherwise, or any owner or occupier of lands within the district, subject to such conditions as the board deems necessary to advance the purposes of this chapter. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-8.

KRS 262.330 Board may furnish materials and equipment and prescribe conditions for benefits

262.330. Board may furnish materials and equipment and prescribe conditions for benefits (1) The board may make available or lease, on such terms as it prescribes, to landowners and occupiers within the district, agricultural and engineering machinery and equipment, including heavy or specialized equipment acquired pursuant to KRS 262.610, fertilizer, seeds, seedlings, and such other material or equipment as will assist the landowners and occupiers to carry on operations upon their lands for the conservation of soil resources and for the prevention and control of soil erosion. Any heavy or specialized equipment acquired pursuant to KRS 262.610 that the board makes available, rents, or leases may be used on the lessee's or renter's land or on the lands of others for the purposes of conserving soil resources, the prevention and control of soil erosion, and the conservation and protection of water resources related to those purposes. (2) As a condition to the extending of any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, the board may require contributions in money, services, materials, or otherwise to any operations conferring such benefits, and require landowners and occupiers to enter into and perform such agreements or covenants as to the permanent use of their lands as will tend to prevent or control erosion. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 10, sec. 1, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 239, sec. 5, effective April 26, 2022. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i -8. Legislative Research Commission Note (4/26/2022). The language in subsection (1) of this statute has been modified in codification from the way it was enacted in order to reflect the Governor’s line-item veto of 2022 House Bill 604 (2022 Ky. Acts ch. 239, sec. 5).

KRS 262.340 Board may take over government projects and receive contributions

262.340. Board may take over government projects and receive contributions The board may: (1) Take over and administer any soil-conservation, erosion-control or erosion- prevention project located within its boundaries undertaken by the United States or any of its agencies, or by this state or any of its agencies; (2) Manage, as agent of the United States or any of its agencies, or of this state or any of its agencies, any soil-conservation, erosion-control or erosion-prevention project within its boundaries; (3) Act as agent for the United States or any of its agencies, or for this state or any of its agencies, in connection with the acquisition, construction, operation or administration of any soil-conservation, erosion-control or erosion-prevention project within its boundaries; (4) Accept contributions in money, services, materials or otherwise from the United States or any of its agencies, or from this state or any of its agencies, and use or expend those moneys, services, materials or other contributions in carrying on its operations. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-8.

KRS 262.350 Land-use regulations, what they may include

262.350. Land-use regulations, what they may include (1) Whenever the board determines that uncontrolled soil erosion on some lands within the district is causing damage to other lands within the district, it may propose regulations governing the use of lands within the district in the interest of conserving soil and soil resources and preventing and controlling soil erosion. The board may conduct such public meetings and public hearings upon tentative regulations as may be necessary to assist it in this work. (2) Land-use regulations may include: (a) Requirements for the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches and other necessary structures; (b) Requirements for the observance of particular methods of cultivation, including contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping, seeding and planting of lands to water-conserving and erosion-preventing plants, trees and grasses, forestation and reforestation; (c) Specifications of cropping programs and tillage practices to be observed; (d) Requirements for the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on; and (e) Provisions for such other measures and programs as may assist conservation of soil resources and prevent or control soil erosion in the district, with regard to KRS 262.020. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-9.

KRS 262.360 Board not to adopt land-use regulations before referendum

262.360. Board not to adopt land-use regulations before referendum The board shall not enact land-use regulations into law until after it has caused due notice to be given of its intention to conduct a referendum submitting such regulations to the owners and occupiers of lands lying within the boundaries of the district, the referendum has been held, and the board has considered the result of the referendum. The proposed regulations shall be embodied in a proposed ordinance. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-9.

KRS 262.370 Notice of referendum -- Form of question

262.370. Notice of referendum -- Form of question (1) Copies of the proposed land-use regulation shall be available for the inspection of all eligible voters during the period between publication of notice and the date of the referendum. The notices of the referendum shall recite the contents of the proposed regulation, or shall state where copies of the proposed regulation may be examined. (2) The question shall be submitted to the voters in the following form: "For approval of proposed ordinance No. ...., prescribing land-use regulations for conservation of soil and prevention of erosion" and "Against approval of proposed ordinance No. ...., prescribing land-use regulations for conservation of soil and prevention of erosion." The voters shall be instructed to vote "yes" for one or the other of the propositions, as the voter may favor or oppose approval of the proposed regulation. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 360, sec. 78, effective July 15, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-9.

KRS 262.380 Board to supervise referendum -- Effect of informalities

262.380. Board to supervise referendum -- Effect of informalities (1) The board shall supervise the referendum, prescribe appropriate regulations governing the conduct of the referendum and publish the result of the referendum. Only owners of lands within the district may vote in the referendum. (2) No informalities in the conduct of the referendum or in any matters relating to the referendum shall invalidate the referendum or its result if notice of the referendum shall have been given substantially as provided in KRS 262.370 and the referendum has been fairly conducted. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-9.

KRS 262.390 Votes necessary for approval -- Effect of regulation

262.390. Votes necessary for approval -- Effect of regulation (1) The board shall not enact a proposed land-use regulation into law unless at least ninety percent (90%) of the votes cast in the referendum have been cast for approval of the proposed regulation, and unless landowners voting to enact the proposed regulation own at least eighty percent (80%) of the land within the district. (2) The approval of the regulation by ninety percent (90%) of the votes cast in the referendum shall not require the board to enact the proposed regulation into law. (3) Land-use regulations, proposed after the board has determined that uncontrolled soil erosion on some lands within the district is causing damage to other lands within the district, and prescribed in regulations adopted by the board shall have the force and effect of law in the district. (4) Land-use regulations apply to publicly owned lands, and shall be observed by agencies administering such lands. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 42i-9, 42i-14.

KRS 262.400 Regulations to be uniform in district -- Classification of lands

262.400. Regulations to be uniform in district -- Classification of lands Land-use regulations shall be uniform throughout the district except that the board may classify the lands within the district with reference to such factors as soil type, degree of slope, threatened or existing degree of erosion, cropping and tillage practices in use, and other relevant factors. The board may provide regulations varying with the type or class of land affected, but uniform as to all lands within each class or type. Copies of land-use regulations adopted shall be printed and made available to all owners and occupiers of lands lying within the district. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-9.

KRS 262.410 Amendment and repeal of regulations

262.410. Amendment and repeal of regulations Any landowner within a district may at any time file a petition with the board asking that any or all of the land-use regulations prescribed in any ordinance adopted by the board shall be amended, supplemented or repealed. Land-use regulations shall not be amended, supplemented or repealed except in accordance with the procedure prescribed by KRS 262.350 to 262.390 for adoption of land-use regulations. Referendums on adoption, amendment, supplementation or repeal of land-use regulations shall not be held more often than once in six (6) months. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-9.

KRS 262.420 Civil liability for violation of regulations -- Right to enter lands

262.420. Civil liability for violation of regulations -- Right to enter lands (1) The board may provide by ordinance that any landowner or occupier who sustains damages from any violation of land-use regulations by another landowner or occupier may recover damages from the other landowner or occupier for the violation. (2) The supervisors may go upon lands within the district to determine whether land- use regulations are being observed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-10.

KRS 262.430 Board may file petition to compel observance of land-use regulations

262.430. Board may file petition to compel observance of land-use regulations (1) Where a board finds that any of the provisions of land-use regulations are not being observed on particular lands, and that the nonobservance tends to increase erosion on those lands and is interfering with the prevention or control of erosion on other lands within the district, the board may present to the Circuit Court of the county in which the lands of the defendant lie a verified petition setting forth the adoption of the ordinance prescribing land-use regulations, the failure of the defendant landowner or occupier to observe the regulations and to perform particular work, operations or avoidances as required by the regulations, and that such nonobservance tends to increase erosion on the lands and is interfering with the prevention or control of erosion on other lands within the district. In all cases where the person in possession of lands is not the owner, the owner of the lands shall be joined as party defendant. The petition shall pray the court to require the defendant to perform the work, operations or avoidances within a reasonable time and to order that if the defendant fails to perform the board may go on the land, perform the work or other operations, or otherwise bring the condition of the lands into conformity with the regulations, and recover the costs and expenses thereof, with interest, from the defendant. (2) Upon the presentation of the petition, the court shall cause process to be issued against the defendant and shall hear the case. If it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct, and report the evidence to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-11.

KRS 262.440 Court may require performance and may authorize board to do work

262.440. Court may require performance and may authorize board to do work The court may dismiss the petition filed under KRS 262.430, or it may require the defendant to perform the work, operations or avoidances, and may provide that upon the failure of the defendant to initiate performance within the time specified in the order of the court and to prosecute the work to completion with reasonable diligence, the board may enter upon the lands involved and perform the work or operations or otherwise bring the condition of those lands into conformity with the regulations and recover the costs and expenses thereof, with interest at the rate of five percent (5%) per annum, from the defendant. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-11.

KRS 262.450 Board may recover costs and expenses of performing work

262.450. Board may recover costs and expenses of performing work The court shall retain jurisdiction of the case until after the work required by the court under KRS 262.440 has been completed. Upon completion of the work pursuant to the order of the court the board may file a petition with the court, a copy of which shall be served upon the defendant in the case, stating the costs and expenses sustained by the board in the performance of the work and praying judgment for such costs and expenses, with interest. The court shall have jurisdiction to enter judgment for the amount of costs and expenses, with interest at the rate of five percent (5%) per annum until the costs and expenses are paid, together with the cost of the suit. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-11.

KRS 262.460 Board of adjustment

262.460. Board of adjustment (1) A board that has adopted land-use regulations shall provide by ordinance for the establishment of a board of adjustment consisting of three (3) members, each to be appointed for a term of three (3) years, except that the members first appointed shall be appointed for terms of one (1), two (2) and three (3) years, respectively. (2) The members of the board of adjustment shall be appointed by the commission, with the advice and approval of the board of the district for which the board of adjustment has been established. (3) Members of the board of adjustment shall be removable, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason. The hearing shall be conducted jointly by the commission and the board of the district. (4) Vacancies on the board of adjustment shall be filled in the same manner as original appointments, and shall be for the unexpired term. (5) Members of the commission and the board shall be ineligible to appointment as members of the board of adjustment. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-12.

KRS 262.470 Compensation of members of board of adjustment

262.470. Compensation of members of board of adjustment The members of the board of adjustment shall receive compensation for their services at the rate of five dollars ($5) per day for time spent on the work of the board of adjustment, in addition to expenses necessarily incurred in the discharge of their duties. The district board shall pay the necessary administrative and other expenses of operation incurred by the board of adjustment upon the certificate of the chairman of the board of adjustment. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-12.

KRS 262.480 Meetings of board of adjustment -- Chairman -- Records

262.480. Meetings of board of adjustment -- Chairman -- Records (1) The board of adjustment shall adopt regulations to govern its procedures. The regulations shall be in accordance with this chapter and with any ordinance adopted pursuant to KRS 262.460. (2) The board of adjustment shall select a chairman from among its members, and may, from time to time, change the selection. (3) Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. Any two (2) members of the board of adjustment shall constitute a quorum. The chairman, or in his absence such other member of the board of adjustment as he may designate to serve as acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. (4) The board of adjustment shall keep a full and accurate record of all proceedings, of all documents filed with it, and of all orders entered, which shall be filed in the office of the board of adjustment and shall be a public record. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-12.

KRS 262.490 Landowner may petition for variance from regulations

262.490. Landowner may petition for variance from regulations Any landowner or occupier may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardship in the way of his carrying out upon his lands the strict letter of the land-use regulations and praying the board of adjustment to authorize a variance from the terms of the land-use regulations in the application of such regulations to the lands occupied by the petitioner. Copies of the petition shall be served by the petitioner upon the chairman of the board of the district and upon the chairman of the commission. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-12.

KRS 262.500 Hearing before board of adjustment

262.500. Hearing before board of adjustment The board of adjustment shall fix a time for the hearing of the petition and cause due notice of the hearing to be given. The board of the district and the commission may appear and be heard at the hearing. Any owner or occupier of lands lying within the district who objects to the authorizing of the variance prayed for may intervene and become a party to the proceedings. Any party to the hearing before the board of adjustment may appear in person, by agent or by attorney. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-12.

KRS 262.510 Board of adjustment may authorize variance

262.510. Board of adjustment may authorize variance If, upon the facts presented at the hearing, under KRS 262.500, the board of adjustment determines that there are great practical difficulties or unnecessary hardship in the way of applying the strict letter of any of the land-use regulations upon the lands of the petitioner, it shall make and record that determination and make and record findings of fact as to the specific conditions which establish those great practical difficulties or unnecessary hardship. Upon the basis of such findings and determination, the board of adjustment may authorize such variance from the terms of the land-use regulations, in their application to the lands of the petitioner, as will relieve the great practical difficulties or unnecessary hardship and will not be contrary to the public interest. The variance shall be such that the spirit of the land-use regulations shall be observed, the public health, safety and welfare secured and substantial justice done. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-12.

KRS 262.520 Appeal from board of adjustment

262.520. Appeal from board of adjustment Any petitioner who has been aggrieved by an order of the board of adjustment granting or denying, in whole or in part, the relief sought, or the board of the district or any intervening party may obtain a review of the order of the board of adjustment in the Circuit Court for the county within which the lands of the petitioner lie, by filing in that court a petition with a copy of the order complained of praying that the order of the board of adjustment be modified or set aside. When such a petition is filed with the clerk of the Circuit Court, he shall issue summons on that petition, directed to be served on the chairman of the board of the district. The practice and proceedings on any and all such petitions shall then be the same as that provided in the Kentucky Rules of Civil Procedure with the right of the parties to appeal to the Court of Appeals. Effective: October 1, 1942 History: Amended 1966 Ky. Acts ch. 23, sec. 62. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective November 1, 1942, from Ky. Stat. sec. 42i-12.

KRS 262.525 Consolidation of districts

262.525. Consolidation of districts (1) A petition for consolidating two (2) or more districts shall contain a unanimous resolution by each board of supervisors and filed with the commission requesting the mutual consolidation of these districts. The petition shall contain, as a minimum, the proposed name of the consolidated district, a description of the territory of the district, a statement that there is a need for the consolidation and that the consolidation is in the interest of each board of supervisors and the general public, and other information required by the commission. The commission may conduct public meetings and public hearings for the consideration of the petition. (2) Within sixty (60) days after a petition for consolidation of two (2) or more districts has been received by the commission, it shall give due notice of the consolidation being considered and allow comments to be received for a minimum of thirty (30) days. (3) The commission shall determine the feasibility of the petition to consolidate the districts, and if the commission determines that the consolidation is feasible, the commission shall certify that determination to each of the district boards involved in the request. In making that determination the commission shall give regard and weight to the attitudes of each board of supervisors, the attitudes of owners and occupiers of lands lying within the district, and other economic and social factors relevant to the determination. (4) Upon receipt from the commission of a certification that the commission has determined that the consideration is feasible, the boards shall proceed to consolidate the affairs of the districts. The boards shall file a verified application with the Secretary of State for the dissolution of the existing districts and the establishment of a new consolidated district. The application shall state the proposed procedure, the seven (7) supervisors to remain on the newly-formed board appointed by the commission, and set forth a full accounting of all assets and resources consolidated from each district into the newly-formed district. The Secretary of State shall issue to the board a certificate of consolidation and shall record a copy of the certificate in his office. (5) Application to the Secretary of State shall provide the following information: (a) The name which is proposed for the new district; (b) The land to be included in the new district; and (c) The term of office of each of the supervisors to serve on the newly-formed board of supervisors. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 129, sec. 1, effective July 15, 1996.

KRS 262.530 Landowners may petition for discontinuance of district

262.530. Landowners may petition for discontinuance of district At any time after five (5) years from the organization of a district, twenty-five percent (25%) of the owners of land lying within the boundaries of the district may file a petition with the commission praying that the existence of the district be discontinued. The commission may conduct such public meetings and public hearings upon the petition for discontinuance as may be necessary to assist it in the consideration of it. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 28, sec. 1, effective July 15, 1994. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-15.

KRS 262.540 Referendum on discontinuance -- Form of question -- Effect of informalities

262.540. Referendum on discontinuance -- Form of question -- Effect of informalities (1) Within sixty (60) days after a petition for discontinuance of a district has been received by the commission it shall give due notice of the holding of a referendum, supervise the referendum and issue appropriate regulations governing the conduct of the referendum. (2) The question shall be submitted to the voters in the following form: "For terminating the existence of the .... (name of the district)" and "Against terminating the existence of the .... (name of the district)." The voters shall be instructed to vote "yes" for one or the other of the propositions, as the voter may favor or oppose discontinuance of the district. Only owners of lands lying within the boundaries of the district may vote in the referendum. (3) No informalities in the conduct of the referendum or in any matters relating to the referendum shall invalidate it or its result if notice of the referendum shall have been given substantially as provided in subsection (1) and the referendum has been fairly conducted. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 360, sec. 79, effective July 15, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-15.

KRS 262.550 Commission to determine feasibility of continuance of district

262.550. Commission to determine feasibility of continuance of district (1) The commission shall publish the result of the referendum and shall determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. If the commission determines that the continued operation of the district is administratively practicable and feasible, it shall record the determination and deny the petition. If the commission determines that the continued operation of the district is not administratively practicable and feasible, it shall record that determination and shall certify that determination to the board of the district. In making that determination the commission shall give regard and weight to the attitudes of the owners and occupiers of lands lying within the district, the number of landowners eligible to vote in the referendum who have voted, the proportion of the votes cast in the referendum in favor of the discontinuance of the district to the total number of votes cast, the approximate wealth and income of the landowners and occupiers of the district, the probable expense of carrying on erosion-control operations within the district and such other economic and social factors as are relevant to the determination. (2) The commission shall not determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum have been cast in favor of the continuance of the district. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-15.

KRS 262.560 Board to terminate affairs of discontinued district -- Certification of discontinuance

262.560. Board to terminate affairs of discontinued district -- Certification of discontinuance Upon receipt from the commission of a certification that the commission has determined that the continued operation of the district is not administratively practicable and feasible, the board shall forthwith proceed to terminate the affairs of the district. The board shall dispose of all property belonging to the district at public auction and shall pay the proceeds of the sale into the State Treasury. The board shall file a verified application with the Secretary of State for the discontinuance of the district, and shall transmit with the application the certificate of the commission setting forth the determination of the commission that the continued operation of the district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as provided in this section, and shall set forth a full accounting of such properties and proceeds of the sale. The Secretary of State shall issue to the board a certificate of dissolution and shall record a copy of the certificate in his office. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-15.

KRS 262.570 Effect of discontinuance

262.570. Effect of discontinuance Upon issuance of a certificate of dissolution under KRS 262.560, all ordinances and regulations theretofore adopted and in force within those districts shall be of no further force and effect. All contracts theretofore entered into, to which the district is a party, shall remain in force and effect for the period provided in those contracts. The commission shall be substituted for the district as a party to such contracts. The commission shall be entitled to all benefits and subject to all duties and liabilities under such contracts which the board would have had. The dissolution shall not affect the lien of any judgment entered under KRS 262.440 or 262.450, nor the pendency of any action instituted under KRS 262.430, and the commission shall succeed to all the rights and obligations of the board as to those liens and actions. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-15.

KRS 262.580 Discontinuance petition for same district limited to one in five years

262.580. Discontinuance petition for same district limited to one in five years The commission shall not entertain petitions for the discontinuance of any district, conduct referendums upon petitions nor make determinations pursuant to such petitions in accordance with this chapter more often than once in five (5) years. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-15.

KRS 262.590 State agencies and subdivisions to cooperate with district

262.590. State agencies and subdivisions to cooperate with district Agencies of this state which have jurisdiction over or are charged with the administration of, any state-owned lands, and of any governmental subdivision of the state which has jurisdiction over, or is charged with the administration of, any publicly-owned lands, lying within the boundaries of any district, shall cooperate to the fullest extent with the boards of those districts in the effectuation of programs and operations undertaken by the board under this chapter. The boards of such districts may, with consent of such agencies of this state, enter and perform work upon the publicly-owned lands. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-14.

KRS 262.600 Districts may cooperate with one another

262.600. Districts may cooperate with one another The boards of any two (2) or more districts may cooperate with one another in the exercise of any or all powers conferred in this chapter. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-13.

KRS 262.610 Acquisitions of equipment or infrastructure -- Purposes -- Soil and Water Conservation Commission -- Joint acquisition

262.610. Acquisitions of equipment or infrastructure -- Purposes -- Soil and Water Conservation Commission -- Joint acquisition (1) (a) Heavy or specialized equipment purchased or made available in accordance with KRS 262.330 and 262.610 to 262.660 s hall be used for the purposes of conserving soil resources, the prevention and control of soil erosion, and the conservation and protection of water resources related to those purposes. The heavy or specialized equipment described in this paragraph may be used on the renter's or lessee's land or on the lands of others, pursuant to the usage proportions established in the administrative regulations promulgated under KRS 262.660(2)(d). (b) The Soil and Water Conservation Commission as referred to in KRS Chapt er 146, subject to the supervision of the commissioner of the Department for Natural Resources, to the restrictions provided in KRS 262.330 and 262.610 to 262.660, and to the requirements of KRS Chapters 42 and 45A, is hereby authorized to acquire and to make available, or to assist in acquiring or making available to persons and soil and water conservation districts, heavy or specialized equipment or infrastructure which they cannot economically obtain. (c) A district may submit a request to the commission for the acquisition of heavy or specialized equipment jointly with a person residing within the district to whom the district has agreed to lease the equipment in the event that it is acquired or made available. The district and the person shall submit al l information with their joint request for heavy or specialized equipment as may be required by the commission in the administrative regulations promulgated under KRS 262.660. (d) The commission shall not approve an application made jointly by a person and any district to acquire infrastructure or to have infrastructure made available to them. (2) When the commission acquires or makes available heavy or specialized equipment to any district, or district applying jointly with a person, or infrastructure to any district, it shall require said district to fully amortize, in the form of rentals or payments, to the Division of Conservation, as referred to in KRS Chapter 146, any amount so expended by the commission for such assistance. The amount and method of amortization for each piece of heavy or specialized equipment or infrastructure shall be determined by the commission, subject to approval of the commissioner of the Department for Natural Resources. The amount and method of amortization for each piece of heavy or specialized equipment shall be determined on the basis of the lease or a rental fee to be charged by the district to the lessee or other user of equipment sufficient to: (a) Fully amortize to the division the capital outlay for the machinery itself over the period of its reasonably anticipated full usefulness; (b) Cover the cost of operation, maintenance, and repairs; (c) Pay the usual cost of providing an operator; and (d) Compensate the district for the usual costs of transportation from one (1) job to another. (3) In giving effect to all of the foregoing, the commission shall estimate the amount of time such heavy or specialized equipment would ordinarily be idle. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 10, sec. 2, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 239, sec. 6, effective April 26, 2022. -- Amended 2007 Ky. Acts ch. 51, sec. 4, effective June 26, 2007. -- Amended 1990 Ky. Acts ch. 496, sec. 59, effective July 13, 1990. -- Amended 1966 Ky. Acts ch. 23, sec. 63. -- Created 1948 Ky. Acts ch. 79, sec. 1. Legislative Research Commission Note (4/26/2022). The language in subsection (1) of this statute has been modified in codification from the way it was enacted in order to reflect the Governor’s line-item veto of 2022 House Bill 604 (2022 Ky. Acts ch. 239, sec. 6). Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 262.620 Title to equipment or infrastructure -- Retention -- Transfer to district

262.620. Title to equipment or infrastructure -- Retention -- Transfer to district The Division of Conservation shall retain title to each piece of heavy or specialized equipment or any infrastructure purchased and made available to any soil and wate r conservation district pursuant to KRS 262.610 until such time as the soil and water conservation districts fully amortize the commission's investment in the equipment or the infrastructure. If the soil and water conservation district purchases infrastructure with use of funds made available by the Division of Conservation for that purpose, then the Division of Conservation shall be listed on the deed to the property jointly with the district. After the commission's investment in the heavy or specialized equipment or infrastructure has been fully amortized, it is authorized and empowered to transfer the title thereto to the district. If the district has purchased infrastructure with funds made available by the Division of Conservation, the district shall consult with the division prior to the dispossession of the property. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 10, sec. 3, effective June 29, 2023. -- Amended 2007 Ky. Acts ch. 51, sec. 2, effective June 26, 2007 -- Amended 1966 Ky. Acts ch. 23, sec. 64. -- Created 1948 Ky. Acts ch. 79, sec. 1. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 262.630 Public records to be kept on equipment and infrastructure -- Accounts

262.630. Public records to be kept on equipment and infrastructure -- Accounts (1) Each soil and water conservation district which receives, leases, rents, or uses the heavy or specialized equipment referred to in KRS 262.610 shall maintain its publi c records to show for each piece of equipment: (a) The hours same has worked on each job in each district; (b) The amounts collected from each job in each district; (c) The expense of repairing, moving, manning and other usual costs of operation; and (d) The amount paid by each district for the purpose of amortizing the commission's investment in the equipment. (2) Each soil and water conservation district which leases or otherwise obtains a right of use of the infrastructure with the support of the Divisio n of Conservation pursuant to KRS 262.610 shall maintain in public records a copy of the lease or other contract which provides the district a right of use of the infrastructure; and (a) In the case of a purchase, the amount paid by each district for the p urpose of amortizing the commission's investment in the infrastructure; or (b) In the case of lease without right of purchase or some other contractual arrangement or agreement, the payments made to the Division of Conservation for the right of use of the infrastructure. (3) Each of the soil and water conservation districts shall send a duplicate copy of the records to the commission, who shall retain same in its files for public inspection. (4) In addition thereto, the commission shall at all times maintai n an account showing each piece of heavy or specialized equipment, the title to which is vested in it, and any infrastructure, the title of which may be vested solely in the commission or jointly with the district, and the amount paid thereon by any soil a nd water conservation district, and the amount remaining to be amortized. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 10, sec. 4, effective June 29, 2023. -- Amended 2007 Ky. Acts ch. 51, sec. 3, effective June 26, 2007. -- Amended 1966 Ky. Acts ch. 23, sec. 65. -- Created 1948 Ky. Acts ch. 79, sec. 1. Legislative Research Commission Note (6/26/2007). Under the authority of KRS 7.136(1), the Reviser of Statutes has changed the internal numbering system in this statute, inserting paragraph designations [(a), (b), (c), and (d)] in place of subsection numbers [(1), (2), (3), and (4)] within subsection (1) of this section. The words in the text were not changed.

KRS 262.640 Monthly payment on loan or lease -- Revolving fund

262.640. Monthly payment on loan or lease -- Revolving fund The amount paid by any district to the division for amortization of a loan or for payment on a lease shall be made monthly. This amount shall be credited to a revolving fund and the costs of any new equipment or infrastructure shall be charged to the same account. Neither the appropriation herein made nor the revolving fund shall be used for any purpose other than to make available to soil and water conservation districts the equipment or infrastructure of the type referred to in KRS 262.610. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 51, sec. 5, effective June 26, 2007. -- Amended 1966 Ky. Acts ch. 23, sec. 66. -- Created 1948 Ky. Acts ch. 79, sec. 1.

KRS 262.650 Districts may combine to acquire equipment or infrastructure

262.650. Districts may combine to acquire equipment or infrastructure Any two (2) or more soil and water conservation districts may combine with each other for the purpose of obtaining and using the specialized equipment or infrastructure referred to in KRS 262.610, upon the terms and conditions set forth in KRS 262.610 to 262.660. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 51, sec. 6, effective June 26, 2007. -- Amended 1966 Ky. Acts ch. 23, sec. 67. -- Created 1948 Ky. Acts ch. 79, sec. 1.

KRS 262.660 Rules and regulations or methods of accounting -- Administrative regulations

262.660. Rules and regulations or methods of accounting -- Administrative regulations (1) The commission, with the approval of the commissioner of the Department for Natural Resources, is hereby authorized to promulgate such other rules and regulations or methods of accounting as may be necessary or expedient to give effect to the purposes expressed in KRS 262.610 to 262.650. (2) On or before January 1, 2024, the commission, with the approval of the commissioner of the Department for Natural Resources , shall promulgate administrative regulations pursuant to KRS Chapter 13A that shall at a minimum set forth: (a) The form and manner in which a person and a district may jointly request the acquisition of heavy or specialized equipment pursuant to KRS 262. 610(1)(c), including but not limited to any financial or other disclosures the commission may require; (b) The terms, conditions, and repayment of loans for heavy or specialized equipment that the commission makes available to districts for rent or lease t o persons within those districts; (c) The terms and conditions for rental or lease agreements between districts and persons for the use of acquired heavy or specialized equipment, including but not limited to permissible uses of the equipment, care and mai ntenance of the equipment, liability assumptions for property damage or bodily injury caused by the equipment, insurance requirements, availability of the equipment for use by others in the district, and the keeping of public records regarding the use of the equipment. Notwithstanding any provision of this chapter or KRS Chapter 42 or 45A to the contrary, lease agreements shall allow lessees to use acquired heavy or specialized equipment outside of their own lands, and with prior approval of the board for the leasing district, on lands outside of their districts; and (d) The proportion of time that lessees or renters shall use the acquired heavy or specialized equipment on their own lands and the proportion of time that the heavy or specialized equipment shall be used on the lands of others. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 10, sec. 5, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 239, sec. 7, effective April 26, 2022. -- Amended 1966 Ky. Acts ch. 23, sec. 68. -- Created 1948 Ky. Acts ch. 79, sec. 1. Legislative Research Commission Note (4/26/2022). The language in this statute has been modified in codification from the way it was enacted in order to reflect the Governor’s line-item veto of 2022 House Bill 604 (2022 Ky. Acts ch. 239, sec. 7). Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 262.670 Repealed, 1966

262.670. Repealed, 1966 Catchline at repeal: Declaration of legislative policy and finding of fact. History: Repealed 1966 Ky. Acts ch. 23, sec. 39. -- Created 1954 Ky. Acts ch. 247, sec. 1.

KRS 262.675 Repealed, 1964

262.675. Repealed, 1964 Catchline at repeal: Water Resources Study Commission. History: Repealed 1964 Ky. Acts ch. 67, sec. 11. -- Created 1958 Ky. Acts ch. 149, secs. 1 and 2.

KRS 262.680 Repealed, 1966

262.680. Repealed, 1966 Catchline at repeal: Water as natural resource -- Control and regulation -- Exceptions. History: Repealed 1966 Ky. Acts ch. 23 sec. 39. -- Amended 1962 Ky. Acts ch. 167, sec. 1. -- Created 1954 Ky. Acts ch. 247, sec. 2.

KRS 262.690 Repealed, 1966

262.690. Repealed, 1966 Catchline at repeal: Rights of riparian owners to use of water -- Impounding of water. History: Repealed 1966 Ky. Acts ch. 23, sec. 39. -- Created 1954 Ky. Acts ch. 247, sec. 3.

KRS 262.700 Watershed conservancy districts -- Formation -- Purposes

262.700. Watershed conservancy districts -- Formation -- Purposes Subdistricts of a soil conservation district may be formed in a watershed area, as provided in KRS 262.700 to 262.795, to be known as watershed conservancy districts, for the purpose of developing and executing plans and programs relating to any phase of conservation of water, water usage, flood prevention, flood control, erosion prevention and control of erosion, floodwater and sediment damages. As a subdistrict of a soil conservation district, a watershed conservancy district shall constitute a governmental subdivision of the state and a public body corporate and politic exercising public power. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 218, sec. 5, effective July 13, 1984. -- Amended 1964 Ky. Acts ch. 117, sec. 2. -- Created 1956 Ky. Acts ch. 203, sec. 1. Legislative Research Commission Note. This section was amended by 1984 Acts Chapter 100, sec. 22, and 1984 Acts Chapter 218, 5, which conflict and cannot be compiled together. Pursuant to KRS 446.250, the amendment in Chapter 218, sec. 5 prevails as the later enactment.

KRS 262.705 District area -- Requirements of

262.705. District area -- Requirements of The land area embraced in such districts must be contiguous and must lie within a well defined watershed. The area shall not include lands located within the boundary of any incorporated city or town or lands not included within a soil and water conservation district, unless such lands are brought in the boundaries of a soil and water conservation district through the process of petition, hearing, and referendum as prescribed in KRS 262.100, 262.110, and 262.120. The area shall not include lands embraced within another watershed conservancy district, but may include lands lying in one or more soil and water conservation districts. History: Amended 1966 Ky. Acts ch. 23, sec. 69. -- Amended 1964 Ky. Acts ch. 117, sec. 3. -- Created 1956 Ky. Acts ch. 203, sec. 2.

KRS 262.707 New district within an established district

262.707. New district within an established district If it appears that contiguous territory within an established district would be better served by the organization of a separate district, a petition for withdrawal and formation of a new district may be filed with the board of supervisors by twenty-five (25) or more landowners, or a majority if less than fifty (50) landowners are involved. The petition shall define the boundary involved, state that all obligations to the district have been met, and contain such other information as is necessary for a determination of the feasibility or nonfeasibility of such withdrawal and reorganization. Filing of petition and further proceedings shall be governed by KRS 262.715 to 262.735, as far as practicable. Effective: June 19, 1958 History: Created 1958 Ky. Acts ch. 172, sec. 1, effective June 19, 1958. Legislative Research Commission Note. This section was repealed by 1984 Acts Chapter 100, sec. 30. However, the repeal was abrogated by 1984 Acts Chapter 218, sec. 8, so the section remains in effect.

KRS 262.710 Petition for formation -- Contents -- Filing

262.710. Petition for formation -- Contents -- Filing When twenty-five (25) or more landowners within a proposed watershed conservancy district, or, if less than fifty (50) landowners are involved, a majority of the landowners in such proposed district, desire to form a watershed conservancy district, they shall file a petition with the board of supervisors of the soil conservation district. Such petition shall define the boundaries of the proposed district, the number of acres of land involved, reasons for requesting creation of such district, the proposed name for such watershed conservancy district, and other information pertinent to such proposal. Effective: May 18, 1956 History: Created 1956 Ky. Acts ch. 203, sec. 3, effective May 18, 1956. Legislative Research Commission Note. This section was repealed by 1984 Acts Chapter 100, sec. 30. However, the repeal was abrogated by 1984 Acts Chapter 218, sec. 8, so the section remains in effect.

KRS 262.715 Formation of districts in areas involving more than one soil conservation district -- Filing petition -- Board of supervisors

262.715. Formation of districts in areas involving more than one soil conservation district -- Filing petition -- Board of supervisors If the proposed watershed conservancy district lies in more than one soil conservation district, the petition may be presented to the board of supervisors of any one of such districts and the supervisors of all such districts shall act as a joint board of supervisors in the formation and supervision of such a watershed conservancy district except in the election of directors where each soil conservation district board of supervisors shall supervise the election, or appointments to fill vacancies, of directors to represent their district on the conservancy district board of directors. History: Amended 1964 Ky. Acts ch. 117, sec. 7. -- Created 1956 Ky. Acts ch. 203, sec. 4. Legislative Research Commission Note. This section was repealed by 1984 Acts chapter 100, sec. 30. However, the repeal was abrogated by 1984 Acts Chapter 218, sec. 8, so the section remains in effect.

KRS 262.720 Notice -- Parties -- Hearing -- Determination -- Proposed maximum budget

262.720. Notice -- Parties -- Hearing -- Determination -- Proposed maximum budget (1) Within thirty (30) days after such petition has been filed with the board of supervisors, it shall cause due notice to be given as provided in KRS 262.010(4) of the hearing upon the practicability and feasibility of creating such subdistrict. All interested parties shall have the right to attend such hearing and be heard. If it shall appear at the hearing that other lands should be included or that lands included in the petition should be excluded, the board of supervisors may permit such inclusion or exclusion, provided the land area involved still meets the requirements of KRS 262.705. (2) If it appears upon the hearing that it may be desirable to include within the proposed district, territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of a further hearing shall be given throughout the entire area considered for inclusion in the district and a further hearing shall be held. After final hearing, if the board of supervisors determines, upon the facts presented at the hearing and upon other available information, that there is need, in the interest of the public health, safety and welfare for such a district to function in the territory considered, it shall make and record the determination and shall define, by metes and bounds, or by recognizable terrain features and description, the boundaries of the watershed district. (3) If the board determines after the hearing that it is not feasible for such district to function in the territory considered, it shall make and record the determination and shall deny the petition. (4) If the board determines that there is a need for a conservancy district, the board of supervisors shall establish a proposed maximum budget for the maintenance of the proposed conservancy district, to be funded either by millage or flat rate sufficient to meet the budget. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 120, sec. 1, effective July 14, 2000. -- Amended 1964 Ky. Acts ch. 117, sec. 8. -- Created 1956 Ky. Acts ch. 203, sec. 5. Legislative Research Commission Note. This section was repealed by 1984 Acts chapter 100, sec. 30. However, the repeal was abrogated by 1984 Acts Chapter 218, sec. 8, so the section remains in effect.

KRS 262.725 Referendum -- Notice -- Polling officers

262.725. Referendum -- Notice -- Polling officers After the board of supervisors has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for creation of the proposed watershed conservancy district, it shall consider the question whether the operation of a district within the proposed boundaries with the powers conferred upon such districts in KRS 262.745 is administratively practicable and feasible. To assist the board of supervisors in this determination, the board shall, within a reasonable time after entry of the finding that there is need for the organization of the district and the determination of the boundaries of the district, hold a referendum within the conservation district upon the proposition of the creation of the district to identify boundaries and give notification of funding options. Due notice of the referendum shall be given as provided in KRS 262.010(4). Such notice shall state the date of holding the referendum, the hours of opening and closing the polls, and shall designate one or more places within the proposed district as polling places. The board shall appoint a polling superintendent and other necessary polling officers giving equal representation to the proponents and opponents of the question involved. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 120, sec. 2, effective July 14, 2000. -- Created 1956 Ky. Acts ch. 203, sec. 6, effective May 18, 1956. Legislative Research Commission Note. This section was repealed by 1984 Acts ch. 100, sec. 30. However, the repeal was abrogated by 1984 Acts Chapter 218, sec. 8, so the section remains in effect.

KRS 262.730 Question -- Eligibility of voters -- Absentee voting

262.730. Question -- Eligibility of voters -- Absentee voting The question to be voted on shall be submitted in the following form: "For the creation of ........ Watershed Conservancy District" "Against the creation of ........ Watershed Conservancy District" The voters shall be instructed to vote "yes" on one or the other of the propositions, as the voter may favor or oppose creation of the district. The boundaries of the proposed district as determined by the board of supervisors shall be set forth. Only owners of lands lying within the boundaries of the territory shall be eligible to vote in the referendum. Qualified voters may vote by absentee vote in such referendum under rules set out in KRS Chapter 117. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 360, sec. 80, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 237, effective July 15, 1980. -- Amended 1966 Ky. Acts ch. 23, sec. 70. -- Amended 1964 Ky. Acts ch. 117, sec. 9. -- Created 1956 Ky. Acts ch. 203, sec. 7. Legislative Research Commission Note. This section was repealed by 1984 Acts chapter 100, sec. 30. However, the repeal was abrogated by 1984 Acts Chapter 218, sec. 8, so the section remains in effect.

KRS 262.735 Tabulation of votes -- Certification -- Filing

262.735. Tabulation of votes -- Certification -- Filing The votes shall be counted by the election officers at the close of the polls and report of the results, along with the votes which have been cast, delivered to the polling superintendent, who shall certify the results to the board of supervisors. If a majority of the votes cast favor creation of the district, the board of supervisors shall certify such results to the county clerk in the county or counties involved. Upon proper recording of such action such watershed conservancy district shall be duly created. After recording, the certification shall be filed with the State Soil Conservation Commission. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 360, sec. 81, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 384, sec. 386, effective June 17, 1978. -- Created 1956 Ky. Acts ch. 203, sec. 8, effective May 18, 1956. Legislative Research Commission Note. This section was repealed by 1984 Acts Chapter 100, sec. 30. However, the repeal was abrogated by 1984 Acts Chapter 218, sec. 8, so the section remains in effect.

KRS 262.740 Board of directors -- Election -- Membership -- Terms -- Officers -- Bond of treasurer -- Nomination petitions -- Qualification of members -- Removal of directors -- Immunity for official acts

262.740. Board of directors -- Election -- Membership -- Terms -- Officers -- Bond of treasurer -- Nomination petitions -- Qualification of members -- Removal of directors -- Immunity for official acts (1) Within thirty (30) days after a watershed conservancy district is created, nominating petitions may be filed with the board of supervisors for the election of a board of directors consisting of five (5) members, who shall hold office for a term of four (4) years, or until a successor is qualified. Such board of directors shall, under the supervision of the board of supervisors, be the governing body of the watershed conservancy district. The board of supervisors shall give due notice of the election of directors and shall, as nearly as practicable, conduct the election in the manner prescribed by KRS 262.220. (2) If the territory embraced within a watershed conservancy district lies within more than one (1) soil and water conservation district, each of said additional districts with minority of the land involved in the watershed shall be entitled to elect three (3) additional directors. (3) The board of directors shall annually elect from its membership a chairman, secretary, and treasurer. The treasurer shall execute an official bond for the faithful performance of the duties of his or her office to be approved by the board of directors. Such bond shall be executed with at least three (3) solvent personal sureties whose solvency must exceed the amount of the bond, or by a surety company authorized to do business in this state, and shall be in an amount determined by the board of directors. If the treasurer is required to execute a surety company bond, the premium on the bond shall be paid by the board of directors. (4) Each person desiring to be a director of a watershed conservancy district shall file a nominating petition with the board of supervisors of the county in which he or she is a landowner and legal resident, signed by twenty-five (25) or more landowners within the watershed conservancy district of the county involved, or, if less than fifty (50) landowners are involved a majority of such landowners. Nominating petitions for the election of any director following the first election of members of the board after creation of the district shall be filed with the board of supervisors not less than forty-five (45) days prior to the day of the regular election. If the candidates nominated do not exceed the positions available, they shall be declared elected. No person shall be eligible to be a director of a watershed conservancy district who is not a landowner within the watershed and resident of the county in which the watershed is located. (5) A director who has been declared elected without an election pursuant to subsection (4) of this section may be removed from office by the board of supervisors as provided by KRS 65.007 for removal of an appointed member of the governing body of a special district. (6) A director serving on the board of a watershed conservancy district shall be immune from personal liability in any civil or criminal action which is based upon any official act or acts performed reasonably and in good faith by the director. Effective: April 4, 2024 History: Amended 2024 Ky. Acts ch. 77, sec. 4, effective April 4, 2024. -- Amended 1980 Ky. Acts ch. 18, sec. 23, effective July 15, 1980. -- Amended 1966 Ky. Acts ch. 23, sec. 71. -- Amended 1964 Ky. Acts ch. 117, sec. 4. -- Amended 1962 Ky. Acts ch. 27, sec. 1. -- Created 1956 Ky. Acts ch. 203, sec. 9.

KRS 262.742 Vacancy on board of directors -- Notice

262.742. Vacancy on board of directors -- Notice (1) Within thirty (30) days of the effective date of any vacancy on a board of directors of a watershed conservancy district, the board of the soil and water conservation district where the vacancy occurs shall publish a notice of the vacancy in a newspaper of general circulation in the area served by the watershed conservancy district pursuant to the requirements of KRS Chapter 424. The notice shall include information on the nominating petition process to fill the vacancy established in KRS 262.740. The board of the soil and water conservation district filling the vacancy shall also advertise the vacancy on any website or social media account it may control. (2) A vacancy on the board of directors of a watershed conservancy district shall be filled by the board of supervisors of the soil and water conservation district where the vacancy occurs. Effective: April 4, 2024 History: Amended 2024 Ky. Acts ch. 77, sec. 5, effective April 4, 2024. -- Created 1960 Ky. Acts ch. 96, sec. 3, effective June 16, 1960.

KRS 262.745 Powers of board of directors

262.745. Powers of board of directors Subject to the approval of the board of supervisors, the board of directors of a watershed conservancy district shall have power to: (1) Levy an annual tax on the real property within the district within the limitations provided in KRS 262.760 for administration, construction, operation and maintenance of works of improvement within the district. (2) Acquire by purchase, gift, grant, bequest, devise, or through condemnation proceedings in the manner provided in the Eminent Domain Act of Kentucky, the fee simple title or any lesser interest in land including easements and flowage rights as are necessary for the exercise of any authorized function of the district, and for such purpose, may cause examinations and surveys to be made of any lands, easements or rights-of-way necessary for the performance of any authorized function of the district. (3) Construct, improve, operate and maintain such structures as may be necessary for the performance of any function authorized by KRS 262.700 to 262.795. (4) Borrow such money as is necessary for the purpose of acquiring lands or rights-of- way and establishing, constructing, reconstructing, repairing, enlarging and maintaining such structures and improvements as are required by the district in the performance of its functions, and issue, negotiate and sell its bonds as provided in KRS 262.750. History: Amended 1976 Ky. Acts ch. 140, sec. 98. -- Amended 1966 Ky. Acts ch. 23, sec. 72. -- Amended 1964 Ky. Acts ch. 117, sec. 5. -- Amended 1960 Ky. Acts ch. 96, sec. 1. -- Created 1956 Ky. Acts ch. 203, sec. 10. Formerly codified as KRS 416.540 to 416.680.

KRS 262.748 Resolution for maintenance and operation of project -- Notice -- Hearing -- Election -- Assessment

262.748. Resolution for maintenance and operation of project -- Notice -- Hearing -- Election -- Assessment (1) Upon determination by the board of directors of a watershed conservancy district that the improvement, continuing operation, or maintenance of a watershed project is necessary, the board of directors may adopt a resolution which shall set out: (a) A list of the benefited lands located in the flood plain, as determined by the board of directors, giving the acreage of such lands and the names of the owners thereof as defined by KRS 262.010(7) with a classification of such lands or parts thereof into classes in order that assessments may be made according to direct benefits; and (b) The annual assessments to be levied upon the lands set out in the resolution on the basis of a certain amount per acre according to benefits received, not to exceed in any one (1) year a sum per acre specified in the resolution. (2) The board of directors shall cause due notice of the resolution to be given to all the owners of benefited lands, as determined by the board. Said notice shall set out the time and place of a meeting of the board of directors of the watershed conservancy district at which owners of benefited lands who may be liable for the annual assessments may be heard. (3) At the hearing upon the resolution, owners of benefited lands may voice their views concerning the proposal as to whether it should be undertaken, and the scope thereof, or the degree of benefit received by their lands. The board shall prepare a record summarizing the proceedings. If the board of directors determines as a result of the hearing that the proposal should be carried out as planned, it may make such changes or revisions in the resolution as it deems proper and shall give due notice of an election to be held at which benefited landowners may vote on the question of annual special assessments to defray the cost. The notice of the election shall include the text of the resolution of the board in its final form. The board of directors may give due notice as provided in KRS 262.010(4). (4) The board of directors shall prepare the following question to be presented to the voters: "Should the assessment for improvement, continuing operation, or maintenance proposed by resolution of the........ Watershed Conservancy District be adopted?" Voters shall be instructed to vote "yes" or "no" on the proposition. Only owners of benefited land as set out in the resolution shall be eligible to vote. The board of directors may provide for a meeting of the landowners at which the vote may be cast, in which case qualified voters may vote by absentee vote. The board shall appoint a polling superintendent and other necessary election officers, giving representation to the opponents of the question as well as to proponents. (5) If a majority of those voting upon the proposition favor the assessment the board shall give due notice of the vote. Any owner of property to be benefited by the project may, within forty (40) days after publication of such notice, file an action in the Circuit Court of the county in which his lands are located seeking relief by declaratory judgment or injunction. If a suit is filed, the county attorney shall represent the board of directors in upholding the validity of the proposed assessment. After the lapse of time specified herein all actions by owners of properties to be benefited shall be forever barred. (6) If no suit is filed and no injunction issued within the time allowed in subsection (5) of this section, the board of directors shall levy annual assessments effective only upon the benefited properties and based on the acreage thereof. The annual assessment shall be made by the board of directors at the same time and in the same manner as provided in KRS 262.765 for taxes generally and shall be collected as provided in KRS 262.770. The assessments shall constitute liens against the land benefited and shall attach to the land, taking precedence over all other liens except state, county and municipal taxes and prior improvement assessments. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 51, sec. 7, effective June 26, 2007. -- Amended 1982 Ky. Acts ch. 360, sec. 82, effective July 15, 1982. -- Created 1978 Ky. Acts ch. 332, sec. 13, effective June 17, 1978.

KRS 262.750 Bonds

262.750. Bonds (1) Bonds authorized by KRS 262.745 shall not be issued until proposed by order or resolution of the board of directors, specifying the purpose for which the funds are to be used and the proposed undertaking, the amount of bonds to be issued, the rate of interest they are to bear and the amount of any necessary tax levy authorized in KRS 262.760 to establish a sinking fund for the liquidation of bonds as provided in KRS 262.760. Copy of the order or resolution shall be certified to the board of supervisors. (2) The board of supervisors shall conduct a hearing on such proposal after notice given pursuant to KRS 262.010(4). If it appears that the proposal is within the scope and purpose of KRS 262.700 to 262.795 and meets all other requirements of the law, the proposal shall be submitted to the landowners of the district by referendum under supervision of the board of supervisors. (3) Provisions of KRS 262.725, 262.730 and 262.740 as to notice, qualifications of voters, absentee voting and manner of holding referendum election in organizing a watershed conservancy district shall apply to the referendum held under this section. (4) If the landowners voting favor the proposal, subject to the provisions of KRS Chapter 66, the bonds may be issued. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 280, sec. 25, effective July 15, 1996. -- Amended 1984 Ky. Acts ch. 218, sec. 6, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 332, sec. 14, effective June 17, 1978. -- Created 1956 Ky. Acts ch. 203, sec. 11, effective May 18, 1956. Legislative Research Commission Note This section was amended by 1984 Acts Chapter 100, sec. 6, which are in conflict and cannot be compiled together. Pursuant to KRS 446.250, the amendment in Chapter 218, sec. 6 prevails as the later amendment.

KRS 262.755 Compensation of members of board of directors -- Expenses

262.755. Compensation of members of board of directors -- Expenses Members of the board of directors shall receive no salaries, but such members may be reimbursed for actual and necessary expenditures incurred in the performance of their duties, or may be paid a per diem for attending meetings, as approved by the board of supervisors. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 230, sec. 1, effective July 15, 1996. -- Created 1956 Ky. Acts ch. 203, sec. 12, effective May 18, 1956.

KRS 262.760 Annual budget

262.760. Annual budget (1) Within the first quarter of each calendar year, the board of directors of a watershed conservancy district shall prepare an itemized budget of the funds needed for administration, construction, operation, and maintenance of works of improvement. After approval of such budget by the board or boards of supervisors of the soil and water conservation district or districts within which the watershed conservancy district lies, the board of directors of the watershed conservancy district shall, by order or resolution, levy a tax sufficient to meet such budget, either by millage rate or per acre rate. A copy of such budget and order or resolution shall be certified to the county clerk of the county or counties involved, and shall be submitted to the Department for Local Government as provided in KRS 65A.020. (2) If the board of directors of a watershed conservancy district fails to prepare a budget and levy a tax sufficient to fund the budget within the first quarter of a calendar year as required by subsection (1) of this section, the board or boards of supervisors of the soil and water conservation district or districts where the watershed conservancy lies may prepare and approve a budget for the watershed conservancy district and levy a tax to fund the approved budget in the same manner as authorized in subsection (1) of this section. Effective: April 4, 2024 History: Amended 2024 Ky. Acts ch. 77, sec. 6, effective April 4, 2024. -- Amended 2013 Ky. Acts ch. 40, sec. 73, effective March 21, 2013. -- Amended 2000 Ky. Acts ch. 120, sec. 3, effective July 14, 2000. -- Amended 1978 Ky. Acts ch. 332, sec. 12, effective June 17, 1978. -- Created 1956 Ky. Acts ch. 203, sec. 13, effective May 18, 1956.

KRS 262.763 Audit of accounts -- Report of accountant -- Compliance with KRS 65A.010 to 65A.090 -- Exception

262.763. Audit of accounts -- Report of accountant -- Compliance with KRS 65A.010 to 65A.090 -- Exception (1) Notwithstanding KRS 65A.030, an audit of the accounts of each watershed conservancy district shall take place once every four (4) years unle ss the watershed conservancy district receives or expends one million dollars ($1,000,000) or more in any year, in which case the watershed conservancy district shall provide for the performance of an annual audit. The audit shall be conducted in accordanc e with audit standards and requirements stipulated in KRS 65.065(5). The board of directors of each watershed conservancy district shall select to make the audit certified public accountants who have no personal interest in the financial affairs of the board of directors or in any of its officers or employees. (2) Immediately upon completion of each audit, the accountant shall prepare a report of his or her findings and recommendations. This report shall be to the board of directors and in such number of copies as specified by the board of directors. The actual expense of any audit authorized under this section shall be borne by the watershed conservancy district. (3) The board of directors shall comply with the provisions of KRS 65A.010 to 65A.090, except that KRS 65A.030 shall not apply to watershed conservancy districts. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 139, sec. 4, effective June 27, 2025. -- Amended 2013 Ky. Acts ch. 40, sec. 74, effective March 21, 2013. -- Amended 2007 Ky. Acts ch. 114, sec. 3, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 120, sec. 4, effective July 14, 2000. -- Created 1974 Ky. Acts ch. 152, sec. 1.

KRS 262.765 Assessment of taxes -- Tax rolls -- Tax bills

262.765. Assessment of taxes -- Tax rolls -- Tax bills (1) The board of directors of a watershed conservancy district shall prepare and furnish to the property valuation administrator by January 1 each year a list of the landowners in each county involved showing the real property subject to assessment, and the property valuation administrator of the county or counties involved shall indicate, for the use of the clerk, such information on the tax rolls. The list furnished the property valuation administrator by the board of directors shall: list the landowners in alphabetical order by taxing districts as shown on the previous year's tax roll, list the total acreage and the acreage in the watershed conservancy district owned by each landowner, and show that part of the previous year's assessment attributable to real property within the watershed conservancy district on those parcels which are not entirely within the district. (2) When the property tax rolls are delivered to the county clerk by the property valuation administrator, as required by law, the county clerk shall compute the tax due the district from each landowner in accordance with the rate fixed by the board of directors and the value or acreage of the real property indicated on the tax roll. The computation shall be made on the regular tax bills in such manner as may be directed by regulation of the Department of Revenue. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 85, sec. 667, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 120, sec. 5, effective July 14, 2000. -- Amended 1978 Ky. Acts ch. 384, sec. 387, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 308, sec. 476. -- Amended 1960 Ky. Acts ch. 96, sec. 2, effective June 16, 1960. -- Created 1956 Ky. Acts ch. 203, sec. 14.

KRS 262.770 Collection of taxes -- Discounts -- Penalties -- Interest

262.770. Collection of taxes -- Discounts -- Penalties -- Interest (1) The sheriff shall collect the taxes due the district at the same time and in the same manner in which he collects the state and county ad valorem tax and shall in like manner report to the county judge/executive, and make his annual and final settlement with the fiscal court of the county or counties involved. He shall be allowed a fee not to exceed four percent (4%) for collection of this tax. (2) Such taxes shall be subject to the same due and delinquency date, discounts, penalties, and interest as are applied to the collection of ad valorem taxes. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 388, effective June 17, 1978. -- Created 1956 Ky. Acts ch. 203, sec. 15, effective May 18, 1956.

KRS 262.775 Tax funds -- Custody -- Disbursement

262.775. Tax funds -- Custody -- Disbursement Tax funds collected shall be transferred to and held by the treasurer of the watershed conservancy district for the specific purpose for which they have been collected. All expenditures of such funds shall be made by the board of directors upon order of the board. History: Amended 1964 Ky. Acts ch. 117, sec. 10. -- Created 1956 Ky. Acts ch. 203, sec. 16.

KRS 262.776 Definitions for KRS 262.776 to 262.779

262.776. Definitions for KRS 262.776 to 262.779 As used in KRS 262.776 to 262.779: (1) "Project" means the acquisition by a watershed conservancy district of easements, rights-of-way, or land by purchase or condemnation in order to enable the district to construct and maintain flood control structures or institute other beneficial flood control measures. (2) "Cost" means the cost of land, easements, or rights-of-way necessary for a project, and every expense connected with a project and accompanying bond issues, including engineers' fees, attorney fees, publication of resolutions and notices, printing of bonds, interest which will accrue on the bonds until the due date of the first annual assessment levied in connection therewith the fee of a fiscal agent for advice as to the preparation and marketing of the bonds, and other costs of financing, as well as reasonable allowance for unforeseen contingencies. (3) "Benefited land" means land located within a flood plain area, as determined by the board of directors of a watershed conservancy district, which will derive direct benefits from a flood control project of the district. History: Created 1964 Ky. Acts ch. 116, sec. 1.

KRS 262.777 Special assessment and bonds issued

262.777. Special assessment and bonds issued A special assessment may be voted and bonds issued which shall be payable solely from the collection of such assessments, as provided in KRS 262.778 and 262.779. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 332, sec. 15, effective June 17, 1978. -- Amended 1966 Ky. Acts ch. 23, sec. 73. -- Created 1964 Ky. Acts ch. 116, sec. 2.

KRS 262.778 Resolution for project -- Notice, hearing -- Election -- Declaratory judgment or injunction suit, time for -- Issuance of bonds -- Levy

262.778. Resolution for project -- Notice, hearing -- Election -- Declaratory judgment or injunction suit, time for -- Issuance of bonds -- Levy (1) Upon determination by the board of directors of a watershed conservancy district that a watershed project is necessary, and upon approval of the plans for same by the board of supervisors, the board of directors shall adopt a resolution which shall set out: (a) A description of the project in general terms; (b) A list of the benefited lands located in the flood plain, as determined by the board of directors, giving the acreage of such lands and the names of the owners thereof as defined by KRS 262.010(7) with a classification of such lands or parts thereof into classes in order that assessments may be made according to direct benefits; (c) The total cost of the project; and (d) The fact that the cost shall be met by a bond issue payable solely from annual assessments to be levied upon the lands set out in the resolution on the basis of a certain amount per acre according to benefits received, not to exceed in any one (1) year a sum per acre specified in the resolution, with the annual assessments to extend over a period of years specified in the resolution not to exceed thirty (30) years. (2) The board of directors shall cause due notice of the resolution to be given to all the owners of benefited lands, as determined by the board. Said notice shall set out the time and place of a meeting of the board of directors of the watershed conservancy district at which owners of benefited lands who may be liable for the annual assessments may be heard. (3) At the hearing upon the resolution, owners of benefited lands may voice their views concerning the proposed project as to whether said project should be undertaken, and the scope thereof, or the propriety of placing their lands in the project area or the degree of benefit received by their lands. The board shall prepare a record summarizing the proceedings. If the board of directors determines as a result of the hearing that the project should be carried out as planned, it may make such changes or revisions in the resolution as it deems proper and shall give due notice of an election to be held at which benefited landowners may vote on the question of annual special assessments to defray the cost of the project. The notice of the election shall include the text of the resolution of the board in its final form. The board of directors may give due notice as provided in KRS 262.010(4). (4) The board of directors shall prepare to be presented to the voters the question: "Should the assessment proposed by resolution of the .... Watershed Conservancy District be adopted?". Voters shall be instructed to vote "yes" or "no." Only owners of benefited land as set out in the resolution shall be eligible to vote. The board of directors may provide for a meeting of the landowners at which the vote may be cast, in which case qualified voters may vote by absentee vote. The board shall appoint a polling superintendent and other necessary election officers, giving representation to the opponents of the question as well as to proponents. (5) If a majority of those voting upon the proposition favor the assessment, the board shall give due notice of the vote and the fact that bonds will forthwith be issued payable from special assessments. Any owner of property to be benefited by the project may, within forty (40) days after publication of such notice, file an action in the Circuit Court of the county in which his lands are located seeking relief by declaratory judgment or injunction. If a suit is filed, the county attorney should represent the board of directors in upholding the validity of the proposed bond issue. After the lapse of time specified herein, all actions by owners of properties to be benefited shall be forever barred. (6) If no suit is filed and no injunction issued within the time allowed in subsection (5) of this section, the board of directors shall by resolution authorize the issuance of bonds designated "watershed project assessment bonds," determining the principal amount thereof and establishing the denominations and maturity dates thereof and shall levy an annual assessment effective only upon the benefited properties and based on the acreage thereof. The annual rate of such assessments shall be fixed when other taxes of the district are levied and shall be sufficient in each year to provide for the payment of such bonds and interest coupons as they mature and sufficient to provide a fund equal to twenty percent (20%) of the average annual principal and interest requirements, the same to constitute a "debt service reserve" as a precaution against possible default by failure to collect annual levies. The bonds shall state on their face that they do not constitute a debt of the district but are payable solely from collection of special assessments made upon benefited lands lying in the watershed conservancy district. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 51, sec. 8, effective June 26, 2007. -- Amended 1982 Ky. Acts ch. 360, sec. 83, effective July 15, 1982. -- Amended 1966 Ky. Acts ch. 23, sec. 74. -- Created 1964 Ky. Acts ch. 116, secs. 3 and 4.

KRS 262.779 Annual assessments made, how -- Lien

262.779. Annual assessments made, how -- Lien The annual assessments shall be made by the board of directors at the same time and in the same manner as provided in KRS 262.765 for taxes generally and shall be collected as provided in KRS 262.770. The assessments shall constitute liens against the land benefited and shall attach to the land, taking precedence over all other liens except state, county and municipal taxes and prior improvement assessments. History: Created 1964 Ky. Acts ch. 116, sec. 5.

KRS 262.780 Petition for annexation of lands -- Requirements -- Parties -- Hearing -- Determination -- Referendum

262.780. Petition for annexation of lands -- Requirements -- Parties -- Hearing -- Determination -- Referendum (1) Any one (1) or more owners of land may petition the board of supervisors to have their lands added to a watershed conservancy district. Such petition shall define the boundaries of the land desired to be annexed, the number of acres of land involved, and other information pertinent to such proposal. When the boundary described embraces lands of others than the petitioners, the petition shall so state and shall be signed by twenty-five (25) or more of the landowners in the territory described, if fifty (50) or more such owners are involved, or by a majority if less than fifty (50) landowners are involved. (2) Within thirty (30) days after such petition is filed, the board shall cause due notice to be given, as provided in KRS 262.010(4), of a hearing on such petition. All interested parties shall have a right to attend such hearing and be heard. The board shall determine whether the lands described in the petition or any portion thereof shall be included in the district. If all the landowners in the territory involved are not petitioners, a referendum shall be held within such territory as provided in KRS 262.725, 262.730 and 262.735, before making a final determination. If it is determined that such land should be added, this fact shall be certified by the board of supervisors to the county clerk in the county or counties involved. After recording, the certification shall be filed with the State Soil Conservation Commission. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 218, sec. 7, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 389, effective June 17, 1978. -- Created 1956 Ky. Acts ch. 203, sec. 17, effective May 18, 1956. Legislative Research Commission Note. This section was amended by 1984 Acts Chapter 100, sec. 24, and 1984 Acts Chapter 218, sec. 7, which conflict and cannot be compiled together. Pursuant to KRS 446.250, the amendment in Chapter 218, sec. 7 prevails as the later enactment.

KRS 262.785 Petition for detachment of lands -- Requirements -- Hearing -- Determination

262.785. Petition for detachment of lands -- Requirements -- Hearing -- Determination The owner or owners of lands which have not been, are not, and cannot be benefited by their inclusion in the watershed conservancy district may petition the board of supervisors to have such lands detached. The petition shall describe such lands and state the reasons why they should be detached. A hearing shall be held within thirty (30) days after the petition is received. Due notice of such hearing as provided in KRS 262.010(4) shall be given at least ten (10) days before the hearing. If it is determined by the board of supervisors that such lands shall be detached, such determination shall be certified to the county clerk of each county in which any portion of such lands lie. After recording, the certification shall be filed with the State Soil Conservation Commission. Effective: May 18, 1956 History: Created 1956 Ky. Acts ch. 203, sec. 18, effective May 18, 1956.

KRS 262.789 Discontinuance of district -- Procedures -- Consequences

262.789. Discontinuance of district -- Procedures -- Consequences (1) If the board of a watershed conservancy district fails to meet over the course of one (1) year or longer or if it fails to prepare and fund a budget as required by KRS 262.760(1), any soil and water conservation district or fiscal court in which any part of the watershed conservancy district lies may initiate proceedings to discontinue the watershed conservancy district board under subsection (2) of this section. Periods of inaction by boards of watershed conservancy districts that began prior to April 4, 2024, shall be included in the determination of whether a watershed conservancy district board may be discontinued under this section. (2) To initiate the discontinuance of a watershed conservancy district board, the soil and water conservation district boa rd or fiscal court shall send a notice of intent to discontinue the watershed conservancy district board to all directors who are still serving terms on the board and shall publish the same notice in a newspaper of general circulation in the area served by the watershed conservancy district pursuant to the requirements of KRS Chapter 424. The notice shall include information on how a landowner who pays any tax imposed by the watershed conservancy district may request a public hearing on its discontinuance w ithin thirty (30) days of the first publication of the notice. (3) If a public hearing on the proposed discontinuance is requested, the soil and water conservation district board or fiscal court proposing the discontinuance shall hold the public hearing within thirty (30) days of the request. At the public hearing, public comments may be made on the reasons for and consequences of the proposed discontinuance. The public hearing may be part of a regularly scheduled meeting of the soil and water conservation district board or the fiscal court proposing the discontinuance. (4) (a) Within thirty (30) days after a public hearing is held pursuant to subsection (3) of this section, the soil and water conservation district board or the members of the fiscal court pr oposing the discontinuance shall vote on whether the watershed conservancy district board should be discontinued. If no public hearing was requested, the proposing entity shall hold the discontinuance vote within thirty (30) days after the expiration of th e time period to request a public hearing under subsection (2) of this section. (b) If the result of the vote held under paragraph (a) of this subsection is in favor of discontinuance, then within thirty (30) days of the vote, all other soil and water conservation district boards and fiscal courts where any portion of the watershed conservancy district lies shall hold votes on discontinuing the watershed conservancy district board. The watershed conservancy district board shall be discontinued if all voting entities concur to discontinue it. Any voting entity that fails to hold a vote within the thirty (30) days following the initial vote shall be deemed to have voted in favor of discontinuance. If any of the voting entities vote to not discontinue the water shed conservancy district board, it shall not be discontinued for at least one (1) year. (5) If a watershed conservancy district board is discontinued under this section, the boundaries of the watershed conservancy district previously governed by that boar d shall remain intact, and the landowners within the boundaries of the watershed conservancy district shall continue to contribute revenue to the soil and water conservation district or districts in which the watershed conservancy district lies pursuant to KRS 262.793. (6) Upon the effective date of the discontinuance of a board of a watershed conservancy district, the board of the soil and water conservation district in which the watershed conservancy district lies shall assume all of the former watershed conservancy board's rights and responsibilities established in KRS 262.700 to 262.795. If the watershed conservancy district lies in more than one (1) soil and water conservation district, then the boards of all of those soil and water conservation districts shall assume all rights and responsibilities of the former watershed conservancy board jointly. (7) Nothing in this section shall be construed to prevent a discontinued watershed conservancy district board from being reestablished and reassuming its rights and responsibilities pursuant to the requirements of KRS 262.700 to 262.795. Effective: April 4, 2024 History: Created 2024 Ky. Acts ch. 77, sec. 1, effective April 4, 2024.

KRS 262.790 Repealed, 1964

262.790. Repealed, 1964 Catchline at repeal: Procedure for discontinuance of district. History: Repealed 1964 Ky. Acts ch. 117, sec. 12. -- Created 1956 Ky. Acts ch. 203, sec. 19.

KRS 262.791 Repealed, 2024

262.791. Repealed, 2024 Catchline at repeal: District discontinued, when -- Hearing referendum. History: Repealed 2024 Ky. Acts ch. 77, sec. 8, effective April 4, 2024. -- Created 1964 Ky. Acts ch. 117, sec. 6.

KRS 262.793 Transfer of assets and funds of district on discontinuance to soil and water conservation district -- Proration, when -- Collection of revenue for maintenance

262.793. Transfer of assets and funds of district on discontinuance to soil and water conservation district -- Proration, when -- Collection of revenue for maintenance (1) Where a watershed conservancy district board has been discontinued as provided in KRS 262.789, any funds or assets of the district shall be transferred to the soil and water conservation district where the watershed conservancy district lies to be used solely for the same purposes as they were used prior to the discontinuance and only within the boundaries of the watershed conservancy district from which the tax was collected. In the event that the area of the discontinued watershed conservancy district encompassed two (2) or more soil and water conservation districts, any funds or assets to be handed over shall be prorated among the soil and water conservation districts according to the percentage of revenue contributed by the landowners within each such soil and water conservation district. (2) Where a watershed conservancy district board is discontinued, the board or boards of the soil and water conservation district or districts to which its funds are transferred shall have the authority to collect revenue from within the boundaries of and in the same manner as the discontinued watersh ed conservancy district, including making periodic adjustments to the revenue amounts collected. The funds collected shall be expended by the board or boards of the soil and water conservation district or districts for the maintenance of works of improveme nt done by the discontinued watershed conservancy district board, even if the works of improvement are located outside of the soil and water conservation district collecting the revenue, and for no other purpose. Effective: April 4, 2024 History: Amended 2024 Ky. Acts ch. 77, sec. 7, effective April 4, 2024. -- Amended 1974 Ky. Acts ch. 32, sec. 1. -- Created 1966 Ky. Acts ch. 23, sec. 75.

KRS 262.795 Fiscal court as board of supervisors on discontinuance of soil conservation district

262.795. Fiscal court as board of supervisors on discontinuance of soil conservation district If any supervising soil conservation district is discontinued, the fiscal court of the county or counties involved shall serve in the same supervising capacity over the watershed conservancy district as the board of supervisors. Effective: May 18, 1956 History: Created 1956 Ky. Acts ch. 203, sec. 20, effective May 18, 1956.

KRS 262.850 Short title -- Establishment of agricultural districts -- Legislative purpose - - Procedure -- Periodic review -- Withdrawal from membership -- Public hearing on condemnation -- Definition of "feasible alternative location" -- Requirement to demonstrate lack of feasible alternative location in certain eminent domain actions -- Notification of membership to property valuation

262.850. Short title -- Establishment of agricultural districts -- Legislative purpose - - Procedure -- Periodic review -- Withdrawal from membership -- Public hearing on condemnation -- Definition of "feasible alternative location" -- Requirement to demonstrate lack of feasible alternative location in certain eminent domain actions -- Notification of membership to property valuation administrator. (1) This section shall be known as "the Agricultural District and Conservation Act." (2) It is the policy of the state to conserve, protect, and to encourage development and improvement of its agricultural lands for the production of food and other agricultural products. It is also the policy of this state to conserve and protect the agricultural land base as a valuable natural resource which is both fragile and finite. The pressure imposed by urban expansion, transportation systems, water impoundments, surface mining of mineral resources, utility rights -of-way, and industrial development has continually redu ced the land resource base necessary to sufficiently produce food and fiber for our future needs. It is the purpose of this section to provide a means by which agricultural land may be protected and enhanced as a viable segment of the state's economy and a s an important resource. (3) The local governing administrative body for an agricultural district shall be the conservation district board of supervisors. The Soil and Water Conservation Commission shall be responsible for statewide administration of the a gricultural district program and shall have sole authority to certify or deny agricultural district petitions. The commission may apply for assistance and funds from the Federal Farmland Protection Act of 1981, Pub. L. No. 97 -377, which may be available fo r the development of the agricultural district program and may accept easements as provided in KRS 65.410 to 65.480. (4) Any owner or owners of land may submit a petition to the local conservation district board of supervisors requesting the creation of an agricultural district within the county. The petition shall include a description of the proposed area, description of each land parcel, location of the proposed boundaries, petitioners' names and addresses, adjacent landowners' names and addresses, and o ther pertinent information as required in the petition application. The boundary of an agricultural district shall be contiguous. Land shall not be included in an agricultural district without the consent of the owner. (5) Upon receipt of a petition, the l ocal conservation district board of supervisors shall notify the fiscal court and any local or regional planning or zoning body, if any, of the proposed agricultural district, and shall notify each city that is located less than one (1) mile from the bound aries of the proposed agricultural district by sending a copy of the petition and accompanying materials to that body. (6) The following factors shall be considered by the local conservation district board of supervisors and the Soil and Water Conservation Commission when considering the formation of any agricultural district: (a) The capability of the land to support agricultural production, as indicated by: soil, climate, topography or other natural factors; (b) The viability of active farmlands, as indic ated by markets for farm products, the extent and nature of farm improvements, the present status of farming, and anticipated trends in agricultural economic conditions and technology; (c) That the proposed agricultural district meets the minimum size limit of fifty (50) contiguous acres, unless the local conservation district board and the Soil and Water Conservation Commission allow fewer than fifty (50) contiguous acres if the proposed area meets a minimum annual production performance established by the district board and approved by the commission; (d) County development patterns and needs and the location of the district in relation to any urban development boundaries within the county; (e) Any matter which may be relevant to evaluate the petition; and (f) Whether an application is from more than one (1) farm owner, in which case a preference shall be given to the application. (7) The local soil and water conservation district board of superv isors shall review the petition application and submit a recommendation to the Soil and Water Conservation Commission within one hundred (100) days of receipt. The local conservation district recommendation shall be submitted to the commission in the form of approval, approval with modifications, or denial of the petition accompanied by justification for such a denial. (8) The Soil and Water Conservation Commission shall review the recommendation of the district board of supervisors and certify or deny the agricultural district's petition within one hundred (100) days of receipt. (9) Upon the approval of a petition by the Soil and Water Conservation Commission, the commission shall notify the area development district in which the agricultural district will lie, the local county clerk, the clerk of each city that is located less than one (1) mile from the boundaries of the approved agricultural district, and the secretary of the Governor's Executive Cabinet by sending a description of the boundaries and the names and addresses of the property owners within the district. (10) Land within the boundary of an agricultural district shall not be annexed. (11) The owners of land within the boundary of an agricultural district shall be exempt under KRS 74.177 from any assessment authorized for the extension of water service lines until the land is removed from the district and developed for nonagricultural use. (12) Any member, or any successor heir of the member, of an agricultural district may withdraw his or her property from the district upon notifying the local conservation district board of supervisors in writing. The removal of the property from the agricultural district shall be effective immediately upon the district board of supervisors' receipt of the written notification, at which time the district board of supervisors shall remove the property from the agricultural district and shall immediately provide written notice of the changed boundaries to those entities listed in subsection (9) of this section. (13) It shall be the policy of all state agencies to support the formation of agricultural districts as a means of preserving Kentucky's farmlands and to mitigate the impact of their present and future plans and programs upon the continued agricultural use of land within an agricultural district. (14) Agricultural districts shall be comprised only of agricultural land as defined in KRS 132.010. (15) An agricultural district shall be established for five (5) years with a review to be made by the local soil and water conservation district board of supervisors at the end of the five-year period and every five (5) years thereafter. Each owner of land shall agree to remain in the district for a five (5) year period, unless a member elects to withdraw his or her property pursuant to subsection (12) of this section, which is renewable at the end of the five (5) years. However, the board shall make a review any time upon the written request of a local government which demonstrates that the review is necessary in order to consider development needs of the local government. The board shall consider whether the continued existence of the district is justified, any adjustments which may be necessary due to urban or county development, and other factors the board finds relevant. The board shall revise the district as necessary based on the review and subject to approval of the State Soil and Water Conservation Commission. Before the state commission takes final action, all interested parties shall be given the opportunity to request the state commission to amend or overturn the local board's decision. (16) The withdrawal of a member from a district reducing the remaining acreage of agricultural district land to less than fifty (50) acres or resulting in the remaining land being noncontiguous shall not cause the decertification of the district. The local district board of supervisors may consider a dissolution of the agricultural district if the withdrawal results in the remaining property within the agricultural district no longer meeting the definition of agricultural land as defined in KRS 132.010. (17) (a) As used in this subsection, "feasible alternative location" means a location that: 1. Impacts the same property but does not impact the agricultural district on the property; and 2. Does not materially increase the cost of the project. (b) Any member of an agricultural district who has received a summons of condemnation proceedings being instituted concerning the member's land located in the district may request the local soil and water conservation district board of supervisors to hold a public hearing on the proposed taking of land. (c) In a condemnation action under the Eminent Domain Act of Kentucky, KRS 416.540 to 416.670, involving privately owned property that is located in an agricultural district, the condemnor shall provide a sworn written report to the court justifying the condemnation of the specific property at issue due to the lack of feasible alternative locations to satisfy the purposes of the project unless the condemnation action: 1. Is initiated by a city, county, municipal utility, investor-owned utility, utility cooperative, water district, or water association; and 2. Involves easements for utilities that do not interfere with agricultural operations or result in a taking of agricultural infrastructure. (d) If the court, in its discretion, determines that the report does not demonstrate a lack of feasible alternative locations to satisfy the purposes of the project, the condemnation action shall be dismissed in accordance with KRS 416.610(4). (e) This subsection shall not prevent a property owner from: 1. Challenging the necessity of condemnation for the project; or 2. Offering other feasible alternative locations to satisfy the purposes of the project. (18) (a) The board shall notify the local property valuation administrator of the farms which belong to an agricultural district and whenever a farm is withdrawn from a district. The board shall also inform all members of a district of the right to have their land assessed by the local property valuation administrator at the land's agricultural use value and shall offer advice and assistance on obtaining such an assessment. (b) The board shall also notify the local property valuation administrator whenever a farm is released or withdrawn from an agricultural district. (19) The board may allow an amendment to an existing certified agricultural district if approved by the commission. Effective: April 13, 2026 History: Amended 2026 Ky. Acts ch. 112, sec. 2, effective April 13, 2026. -- Amended 2024 Ky. Acts ch. 136, sec. 1, effective July 15, 2024. -- Amended 2019 Ky. Acts ch. 50, sec. 4, effective June 27, 2019. -- Amended 2000 Ky. Acts ch. 115, sec. 1, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 390, sec. 32, effective July 15, 1994. -- Amended 1984 Ky. Acts ch. 75, sec. 1, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 451, sec. 1, effective July 15, 1982. Legislative Research Commission Note (9/25/2014). In subsection (7) of this statute, the Reviser of Statutes has changed "Soil and Water Commission" to read "Soil and Water Conservation Commission" to correct a manifest clerical or typographical error under the authority of KRS 7.136(1)(h).

KRS 262.875 Repealed, 2002

262.875. Repealed, 2002 Catchline at repeal: Interagency Farmland Advisory Committee. History: Repealed 2002 Ky. Acts ch. 241, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 2, sec. 10, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 69, sec. 77, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 194, sec. 61, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 277, sec. 8, effective July 15, 1994; and ch. 390, sec. 33, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 325, sec. 35, effective July 13, 1990. -- Created 1984 Ky. Acts ch. 90, sec. 1, effective July 13, 1984.

KRS 262.900 Definitions for KRS 262.900 to 262.920

262.900. Definitions for KRS 262.900 to 262.920 As used in KRS 262.900 to 262.920, unless the context clearly indicates otherwise: (1) "Agricultural conservation easement" or "easement" means an interest in land, less than fee simple, which represents the right to restrict or prevent the development or improvement of the land for purposes other than agricultural production. The easement may be granted by the owner of the fee simple to the Commonwealth or to a qualified organization described in Section 170(c) of the Internal Revenue Code. It may be granted in perpetuity, as the equivalent of the covenants running with the land; (2) "Agricultural district" means a land use category created by voluntary agreement between the Commonwealth and one (1) or more landowners under Kentucky's agricultural district law, KRS 262.850, where the primary use of land is and will remain to be agriculture; (3) "Agricultural production" means the production for commercial purposes of crops, livestock and livestock products, and nursery and greenhouse products, including the processing or retail marketing of these crops, livestock and livestock products, and nursery and greenhouse products, if more than fifty percent (50%) of those processed or merchandised products are produced by the farm operator, and the raising and stabling of horses for commercial purposes; (4) "Applicant" means a person or qualified organization described in Section 170(c) of the Internal Revenue Code offering to sell to the PACE Corporation under the PACE Program an easement on a tract of land which is in or available for agricultural use; (5) "ASCS" means the Agricultural Stabilization and Conservation Service of the United States Department of Agriculture; (6) "Bargain sale" means the sale of an easement by a landowner at a price below appraised market value, when a portion of the value of the easement is donated by the landowner in a properly executed document as a charitable contribution to a qualified organization described in Section 170(c) of the Internal Revenue Code; (7) "Capability class" means a group of soils that have similar characteristics when used for field crop production; (8) "Comparable sales" means market sales of similar land. In locating comparable sales, first priority shall be given to parcels located in the same general vicinity. The second priority shall be given to farms located in other areas; (9) "Conservation plan" means a plan describing best land management practices, including an installation schedule and maintenance program, which, when completely implemented, will improve and maintain soil, water, and related plant and animal resources of the land; (10) "Contract of sale" means a legally enforceable agreement in a form provided by the PACE Board obligating the owner of a farmland tract to sell and the Commonwealth to purchase an easement or other less-than-fee interest on the farmland tract; (11) "Commonwealth funds" means money appropriated to the PACE Corporation for the purchase of agricultural conservation easements; (12) "Development" means the carrying out of any material change in the use or appearance of land, or dividing into two (2) or more parcels; (13) "Easement value" means the value per acre as determined by a numerical point system or, if an appraisal is used, the difference between the unrestricted value of a farm and its value as restricted by an easement. If only one (1) appraisal is used, unrestricted value is equal to market value and restricted value is equal to the value of the farm, subject to an agricultural conservation easement. If the landowner obtains an independent appraisal, easement value shall be calculated according to the average between the landowner's appraisal and the numerical point system, or if the Commonwealth also obtains an appraisal, the average between the landowner's appraisal and the Commonwealth's appraisal; (14) "Eligible land" means a farmland tract in which the Commonwealth may acquire an agricultural conservation easement or other property interest as provided by this section; (15) "Farm" means land in the Commonwealth which is being used for or is available for agricultural production as defined in this section; (16) "Farmland tract" means land constituting all or part of a farm that is proposed for the purchase of an agricultural conservation easement; (17) "Farmland value" means the price as of the valuation date for property used for normal farming operations, subject to the terms of an agricultural conservation easement, which a willing and informed seller who is not obligated to sell would accept for the property, and which a willing and informed buyer who is not obligated to buy would pay for the property; (18) "Fund" means the agricultural enhancement fund created by KRS 262.920; (19) "Grantor" means the person or entity holding title to the farmland tract on which an easement is conveyed; (20) "Grazing or pasture land" means land used for horse paddocks or the growing of grasses and legumes which are consumed by livestock in the field, and at least ninety percent (90%) of which is clear of trees, shrubs, vines, or other woody growth not consumed by livestock; (21) "Harvested cropland" means land used for the commercial production of field crops, fruit crops, vegetables, and horticultural specialties, such as flowers, nursery stock, and ornamentals; (22) "Horse paddock" means an enclosed area used for pasturing and exercising horses; (23) "Landowner" means a person holding title to land; (24) "Market value" means the price as of the valuation date for the highest and best use of the property which a willing and informed seller who is not obligated to sell would accept for the property, and which a willing and informed buyer who is not obligated to buy would pay for the property; (25) "Nonprofit land conservation organization" means nonprofit organization dedicated to land conservation purposes recognized by the Internal Revenue Service as a tax- exempt organization under Section 170(c) of the Internal Revenue Code; (26) "PACE Corporation" means the Purchase of Agricultural Conservation Easement Corporation created by KRS 262.906(1); (27) "PACE board" means the board of directors of the Purchase of Agricultural Conservation Easement Corporation created by KRS 262.906(2); (28) "Qualified organization" means a tax-exempt organization described in Section 170(c) of the Internal Revenue Code; (29) "Reserved life estate" means property deeded to a nonprofit organization during an owner's lifetime with the owner retaining full use of and responsibility for the property until the death of the last survivor of those retaining life estates, whereupon, the responsibility of the property falls to the nonprofit organization. The property owner is entitled to an income tax deduction based on an appraised value and Internal Revenue Service actuarial tables, and the taxable estate may also be reduced; (30) "Restricted land" means land and buildings, the use of which is subject to the terms of an agricultural conservation easement; (31) "Restricted value" means the price as of the valuation date for property subject to an agricultural conservation easement which a willing and informed seller who is not obligated to sell would accept for the property, and which a willing and informed buyer who is not obligated to buy would pay for the property; (32) "Soils report" means a report which sets forth the amount and description of each soil type and class found on a specific farm; (33) "Title report" means a report prepared by a person authorized by the state to engage in the sale of title insurance or an attorney setting forth the existence of any liens, restrictions, or other encumbrances on a farmland tract; (34) "Unrestricted value" means the current market value of a property; (35) "USDA" means the United States Department of Agriculture; and (36) "Viable agriculture land" means land suitable for agricultural production and which will continue to be economically feasible for use if real estate taxes, farm use restrictions, and interference with and constraints on normal farming operations are limited to levels approximating those in commercial agricultural areas not influenced by the proximity of urban and related nonagricultural development. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 50, sec. 5, effective June 27, 2019. -- Created 1994 Ky. Acts ch. 390, sec. 21, effective July 15, 1994.

KRS 262.902 Legislative findings

262.902. Legislative findings (1) The General Assembly hereby finds and declares that it is a policy of the Commonwealth to retain agriculture and enhance the contribution that agriculture makes to its economy. A program to retain and enhance agriculture is in the economic best interests of the Commonwealth and, consequently, constitutes a public benefit that contributes to the health, safety, and general welfare of the residents of the Commonwealth and the nation. (2) The General Assembly further finds and declares that the use of the Commonwealth's funds for the purpose of paying in whole or part the cost of acquiring agricultural conservation easements as set forth in KRS 262.900 to 262.920, including any costs necessarily incident to the acquisition, sale, issuance, and delivery of the funds, and the monitoring and enforcement of agricultural conservation easements, or to the participation of any party for these purposes, will promote the public health, safety, and general welfare of the people of the Commonwealth. (3) Further, it is the purpose of KRS 262.900 to 262.920 to: (a) Establish procedures for the acquisition of agricultural conservation easements in order to ensure that lands currently in agricultural use will continue to remain available for agriculture and not be converted to other land uses, and that landowners who participate in this program will be fairly compensated for their agreement to accept deed restrictions limiting the use of their property; (b) Encourage landowners to make a long-term commitment to agriculture by offering them financial incentives and security that land use will remain stable; (c) Protect normal farming operations in agricultural areas from incompatible nonfarming uses that may render farming impracticable; (d) Protect normal farming operations from complaints of public nuisance against normal farming operations; and (e) Maximize the use of agricultural conservation easement purchase funds and protect the investment of taxpayers in agricultural conservation easements. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 390, sec. 19, effective July 15, 1994.

KRS 262.904 Acquisition of agricultural conservation easements by Commonwealth

262.904. Acquisition of agricultural conservation easements by Commonwealth (1) The Commonwealth is hereby authorized to acquire agricultural conservation easements or other property interests. The property interest acquired may be any less-than-fee-simple interest, including an easement, life estate, covenant, or other contractual right. Acquisition may be accomplished by purchase, gift, grant, bequest, devise, covenant, or contract but only at a price that is equal to or less than the appraised value as provided in this section. The Commonwealth shall purchase these property interests only upon voluntary application of the landowner. (2) If the landowner so elects, the Commonwealth is authorized to pay the purchase price in a lump-sum single payment at the time of closing, to enter into contracts for pay outs over a term of years against the purchase price, or to enter into installment purchase agreements. When pay outs over time are made, the Commonwealth is authorized to pay interest consistent with prevailing market conditions at the time of the execution of the contract. (3) The interest which the Commonwealth owns in property other than eligible lands may be exchanged for property interests in eligible lands on an equivalent appraised value basis. If the property exchanged is not exactly equal in appraised value, cash payments may be made to provide net equivalent value in the exchange. (4) After the Commonwealth acquires an agricultural conservation easement or some property interest less than full ownership in any eligible land, the Commonwealth may purchase the remaining agricultural rights or other property interest in the land when the acquisition is necessary to maintain the agricultural uses of the property. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 390, sec. 20, effective July 15, 1994.

KRS 262.906 Purchase of Agricultural Conservation Easement (PACE) Corporation -- Board of directors

262.906. Purchase of Agricultural Conservation Easement (PACE) Corporation -- Board of directors (1) There is hereby created the Purchase of Agricultural Conservation Easement Corporation which shall oversee all issues involving purchases of agricultural conservation easements. The corporation shall be a de jure municipal corporation and political subdivision of the Commonwealth. The corporation shall be a public agency within the meaning of KRS 61.805 and 61.870 and shall be attached for administrative purposes to the Department of Agriculture. (2) (a) The corporation shall be governed by a board of directors, consisting of the following eleven (11) members: four (4) public directors who shall be the Commissioner of the Department of Agriculture, the secretary of the Energy and Environment Cabinet, the dean of the University of Kentucky College of Agriculture, and the chair of the Soil and Water Conservation Commission, or their designees; and seven (7) private directors who shall be appointed by the Governor, as follows: 1. One (1) private director from each of the six (6) congressional districts; and 2. One (1) private director from a list of three (3) persons suggested by the Kentucky Farm Bureau Federation, Inc. (b) Initial appointment of the private directors by the Governor shall be for staggered terms. (c) No more than four (4) of the private directors shall be from the same political party. Members shall serve a term of four (4) years, with the exception of the initial members, and may be reappointed. Vacancies shall be filled in the same manner as the appointment is made. (3) (a) Any member who has an ownership interest in any of the lands eligible for the purchase of an agricultural conservation easement or other property interest and who wishes to apply to sell an easement while serving on the board of directors shall withdraw himself from all board activities prior to application and until the transaction is complete. The Governor shall appoint an interim member to fill the vacancy until the transaction is complete. (b) Any person who has previously applied for or sold an agricultural conservation easement may serve on the board. (4) Members shall not be compensated for their services but shall be reimbursed for expenses incurred in the performance of their duties. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 604, effective July 15, 2010. -- Created 1994 Ky. Acts ch. 390, sec. 22, effective July 15, 1994.

KRS 262.908 Responsibilities of board

262.908. Responsibilities of board (1) The PACE board shall have the following responsibilities: (a) Implementing a Purchase of Agricultural Conservation Easement Program in the Commonwealth as provided by this section, including the development and promulgation of any administrative regulations required; (b) Making decisions in connection with each specific easement purchase to be made with Commonwealth funds from the agricultural enhancement fund; (c) Evaluating, as necessary, potential sites within the Commonwealth on which agricultural conservation easements or other property interests are to be acquired, applying the criteria set forth in this section and administrative regulations; and (d) Employing the staff necessary to implement the provisions of this section. (2) (a) The PACE board shall establish fair, equitable, objective, nondiscriminatory procedures for determining easement purchase priorities. (b) The board shall promulgate administrative regulations establishing policies and procedures for determining easement purchase priorities and for purchasing easements. (c) The program criteria shall be designed to ensure that land is selected for easement purchase because it will make a significant contribution to agricultural production. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 390, sec. 23, effective July 15, 1994.

KRS 262.910 Use of restricted land during term of easement

262.910. Use of restricted land during term of easement (1) During the term of an easement, the restricted land shall be used solely for the production of crops, livestock and livestock products, and nursery and greenhouse products including the processing or retail marketing of these crops, livestock and livestock products, and nursery and greenhouse products if more than fifty percent (50%) of the processed or merchandised products are produced on the subject land, and for the raising and stabling of horses for commercial purposes. For the purposes of this section and administrative regulations promulgated under its provisions, "crops, livestock and livestock products, and nursery and greenhouse products" include, but are not limited to: (a) Tobacco; (b) Wheat, soybeans, corn, and all commercially-produced fruits and vegetables; (c) Horticultural specialties, including nursery stock ornamental shrubs, ornamental trees, and flowers; (d) Livestock and livestock products, including cattle; sheep; swine; goats; horses; alpacas; llamas; buffaloes; any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species; poultry; milk; and eggs; and (e) Aquatic plants and animals and their by-products. (2) (a) During the term of an easement the landowner and the landowner's assigns, agents, or leasees shall not perform, nor knowingly allow others to perform, any act on or affecting the restricted land that is inconsistent with the provisions of this section. The landowner shall be deemed to have authorized the PACE board to enforce these provisions. (b) Unless otherwise specified, the landowner shall not be required to take any action to restore the condition of the restricted land after any act of God or other event over which the landowner had no control. (c) Nothing in the PACE Program shall relieve the landowner of any obligation or restriction on the use of the property imposed by law. (d) The Commonwealth shall not locate landfills, sewage treatment plants, or other public service facilities that are not compatible with or complimentary to agricultural production on restricted lands. (3) (a) To retain the agricultural viability of the restricted land, the PACE board shall require, and the owner of the restricted land shall implement, a conservation plan approved by the soil and water conservation district. This plan shall be updated every ten (10) years and any time the basic farming operation conducted on restricted lands is changed. All farming operations shall be conducted substantially in accordance with the plan. (b) In addition to the requirements established by the soil and water conservation district, the conservation plan shall require that: 1. The use of the land for growing sod, nursery stock, and ornamental trees and shrubs does not remove excessive soil from the restricted land; 2. The excavation of soil, sand, gravel, stone, or other materials for use in agricultural production on the restricted land is consistent with subsection (4)(h) of this section and is conducted in a location and manner that retains the viability of the restricted land for agricultural production; and 3. The mining of minerals is consistent with subsection (4)(h) of this section and is conducted only through the use of methods which will not interfere with the viability of the restricted land for agricultural production. (4) The construction or reconstruction of any building or other structure, except those existing on the date of the easement or previously approved by the PACE board, is prohibited except in accordance with this subsection. (a) Existing fences may be repaired and replaced, and new fences may be built anywhere on the restricted land for purposes of reasonable and customary management of livestock and wildlife, without approval of the PACE board. (b) New buildings and other structures and improvements to be used solely for agricultural purposes including the processing or sale of farm products predominantly grown or raised on the restricted land, but not including any dwelling or farm labor housing, may not be built on the restricted land without the advance approval of the PACE board. The PACE board shall give approval within a reasonable time, unless it determines that the proposed building, structure, or improvement would not be properly located or would significantly diminish the agricultural production capacity of the restricted land. (c) All existing single-family residential dwellings may be repaired, reasonably enlarged, and replaced at their current locations without further permission of the PACE board. No new single-family residential dwellings may be built on the restricted land without the advance approval of the PACE board. The PACE board shall give approval within a reasonable time, unless it determines that a proposed dwelling would not be properly located or would significantly diminish the agricultural production capacity of the restricted land. (d) The subdivision of the restricted land, whether by physical or legal process, is prohibited without the advance written approval of the PACE board. The PACE board shall give approval within a reasonable time, unless it determines that the proposed subdivision will diminish or impair the agricultural productivity of the restricted land. (e) The granting of rights-of-way through restricted land for the installation of, transportation of, or use of, lines for water, sewage, electric, telephone, gas, oil or oil products is permitted. The term "granting of rights-of-way" includes the right to construct or install the lines. The construction or installation of utility lines other than the types stated in this paragraph is prohibited on the restricted land. (f) No portion of the restricted land shall be paved or otherwise be covered with concrete, asphalt, gravel, or any other paving material, nor shall any road f or access or other purposes be constructed, without the advance written approval of the PACE board. The PACE board shall give approval within a reasonable time, unless it determines that the proposed paving or covering of the soil, or the location of any road, will substantially diminish or impair the agricultural productivity of the restricted land. (g) Trees may be cut to control insects and disease, to prevent personal injury and property damage, and for firewood and other domestic uses, including construction of permitted buildings and fences on the restricted land. Trees may also be cut to clear land for cultivation or use of livestock, but only if done in accordance with the conservation plan required by subsection (3) of this section. Any commercial timber harvesting on the restricted land shall be conducted on a sustainable yield basis and in substantial accordance with a forest management plan prepared by a competent professional forester. (h) The mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel or any other mineral substance, using any method that disturbs the surface of the land, is prohibited without the advance written approval of the PACE board. The PACE board shall give approval within a reasonable time, unless it determines that the proposed mining or extraction will substantially diminish or impair the agricultural productivity of the restricted land. (i) The dumping or accumulation of any kind of trash or refuse on the restricted land is prohibited. However, this shall not prevent the storage of agricultural products and by-products on the restricted land, so long as it is done in accordance with all applicable laws, administrative regulations, and ordinances. (j) Golf courses are prohibited on the restricted land. Buildings and facilities for any other public or private recreational use may not be built on the restricted land without the advance written approval of the PACE board. The PACE board shall not give approval unless it determines that the proposed use or facilities will not substantially diminish or impair the agricultural productivity of the restricted land. (k) Notwithstanding any other provision of this section to the contrary, upon a proper application, which shall include supporting documentation from the appropriate federal agency, the PACE board may give its written approval of a proposal to erect structures, roads, and pathways on the surface of the restricted land as long as: 1. An underground training facility for federal agency personnel exists below the restricted land surface; 2. Any such structures, roads, or pathways constructed will be used for the purpose of training federal agency personnel; and 3. The applicant: a. Signs an agreement with the PACE board requiring the applicant to: i. Remove such structures, roads, or pathways; and ii. Restore the land to its previous condition and to the satisfaction of the PACE board on or before a date that is specified in the agreement; b. Provides documentation of the county fiscal court's consent to the construction of the proposed structures, roads, or pathways; and c. Agrees in writing to all of the requirements for the exemption as established by the PACE board. (5) Landowners shall retain the right to perform any act not specifically prohibited or limited by this section and administrative regul ations promulgated under its provisions. These ownership rights include but are not limited to the right to exclude any member of the public from trespassing on the restricted land and the right to sell or otherwise transfer the restricted land to anyone o f the landowner's choice. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 139, sec. 5, effective June 27, 2025. -- Amended 2017 Ky. Acts ch. 129, sec. 27, effective June 29, 2017. -- Created 1994 Ky. Acts ch. 390, sec. 24, effective July 15, 1994.

KRS 262.912 Responsibilities of landowner during term of easement

262.912. Responsibilities of landowner during term of easement Other than as specified within this section, this section and administrative regulations promulgated under its provisions are not intended to impose any legal or other responsibility on the PACE board or in any way to affect any existing obligation of the landowner as owner of the restricted land. Accordingly: (1) The landowner shall continue to be solely responsible for payment of all taxes and assessments levied against the restricted land. (2) The landowner shall continue to be solely responsible for the upkeep and maintenance of the restricted land, to the extent it may be required by law. The PACE board and the Commonwealth shall have no obligation for the upkeep or maintenance of the restricted land. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 390, sec. 25, effective July 15, 1994.

KRS 262.914 Contents of deed conveying interest in restricted land

262.914. Contents of deed conveying interest in restricted land A deed conveying an interest in the restricted land shall set forth the language of the assessment restrictions verbatim. Within thirty (30) days of a change in ownership of the restricted land, the prior owner shall notify the PACE board in writing of the name and address of the new owner, together with the volume and page of the deed book in which the transfer has been recorded. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 390, sec. 26, effective July 15, 1994.

KRS 262.916 Legal action by board for violation of easement

262.916. Legal action by board for violation of easement (1) If the PACE board finds what it believes is a violation of the terms of any easement by the property owner, it may take appropriate legal action. Except when an ongoing or imminent violation could irreversibly diminish or impair the agricultural productivity of the restricted land, the PACE board shall give the landowners written notice of the violation and sixty (60) days to correct it, before taking legal action. (2) The owner of the restricted land shall bear all costs associated with the correction of a violation of the easement, including: (a) Costs of work required and materials used to correct the violation and restore the restricted land to its condition prior to the violation; (b) Administrative costs incurred by the PACE board; and (c) Court costs and reasonable attorney's fees incurred by the PACE board in enforcing the easement. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 390, sec. 27, effective July 15, 1994.

KRS 262.918 Legal action by grantor for termination of easement

262.918. Legal action by grantor for termination of easement (1) (a) A grantor may terminate an easement, in whole or in part, only by filing an action in the Franklin Circuit Court, and demonstrating by clear and convincing evidence that conditions on or surrounding the land subject to an agricultural conservation easement have changed so much that agriculture is no longer viable and it has become impossible to fulfill any of the easement's conservation purposes. The grantor shall name the PACE Corporation as the defendant in the action. (b) In the event that a finding is made by the court that a portion of the land subject to the agricultural conservation easement is no longer suitable for agricultural purposes, the owner shall, at the owner's expense, provide a survey of the land area on which the agricultural conservation easement is to be terminated. (2) (a) No agricultural conservation easement or portion thereof which has been purchased with Commonwealth funds shall be terminated by the court except upon payment by the grantor to the PACE Corporation of its then fair value. The value of the easement shall be established by one of the following two methods, as determined by the court: 1. The owner shall pay the PACE Corporation an amount equal in current dollars to the full cost of acquiring and monitoring the easement during its full duration, plus reasonable interest as determined by court; or 2. The owner shall pay the PACE Corporation an amount equal to the easement's current market value as determined by independent appraisal, performed at the owner's expense and satisfactory to the Commonwealth. (b) The PACE Corporation shall place the proceeds from the termination of the easement in the agricultural enhancement fund and use the proceeds consistent with the purposes of KRS 262.900 to 262.920. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 390, sec. 28, effective July 15, 1994.

KRS 262.920 Agricultural Enhancement Fund

262.920. Agricultural Enhancement Fund (1) (a) There is hereby created by this section a special fund in the State Treasury which shall be known as the "Agricultural Enhancement Fund." There shall be deposited in the fund: 1. Moneys received by the Commonwealth, from whatever source and by whatever means, as gifts for purposes of retaining agricultural lands and supporting and abetting agricultural practices and activities which shall improve conservation and natural resource protection practices, enhance the viability of the agriculture industry, and expand the economic contribution that agriculture makes to the Commonwealth; 2. Moneys received by the Commonwealth, from whatever source and by whatever means, as grants or loans for purposes of retaining agricultural lands and supporting and abetting agricultural practices and activities which shall improve conservation and natural resource protection practices, enhance the viability of the agriculture industry, and expand the economic contribution that agriculture makes to the Commonwealth; 3. Moneys received by the Commonwealth including proceeds of bonds issued for the purpose of funding the PACE Program as dedicated sources of revenue for the fund; and 4. Moneys appropriated to the fund. (b) The fund shall be in the custody of the Commonwealth. All or any part of these funds may be invested in any securities in which public funds may lawfully be invested. All income derived from investments shall be paid into the fund and become a part thereof. The moneys so invested shall at all times be subject to withdrawal from investment for use as provided in this subsection. (c) Upon authorization of the PACE board, the moneys in the fund may be used for: 1. The acquisition of agricultural conservation easements on eligible lands within the Commonwealth; 2. The acquisition of options to purchase agricultural conservation easements on eligible lands within the Commonwealth; 3. The costs of appraisal, engineering, surveying, planning, financial, legal, and other services, and applicable personnel costs lawfully incurred incident to the acquisition of agricultural conservation easements in eligible lands and for monitoring and enforcing easements on restricted lands; 4. The costs incident to the sale, issuance, and delivery of bonds, and to securing funds from other revenue sources for the fund; 5. The provision of guarantees for loans that farmers participating in the PACE Program may need to seek from lending institutions in order to carry out agricultural operations, including loans for annual agricultural production, agriculture- and conservation-related improvements, and changes in the types of and methods employed for agricultural production on farmland tracts enrolled in the PACE Program; and 6. Other expenditures as specified by the PACE board, providing that the expenditures are consistent with KRS 262.900 to 262.920 and administrative regulations promulgated by the PACE board and are for the express purpose of retaining agricultural lands, supporting and abetting agricultural lands, and supporting and abetting agricultural practices and activities which shall improve conservation and natural resource protection practices, enhance the viability of the agriculture industry, and expand the economic contribution that agriculture makes to the Commonwealth. (d) No more than ten percent (10%) of the moneys in the fund shall be expended in any one (1) fiscal year to administer KRS 262.900 to 262.920. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 390, sec. 29, effective July 15, 1994.

KRS 262.990 Penalty

262.990. Penalty Any watershed conservancy district which violates KRS 262.763 shall be fined not less than $50 nor more than $500. History: Created 1974 Ky. Acts ch. 152, sec. 2.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38498Fetched: 10/20/2026