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146.290 Land uses permitted in stream area.

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146.290 Land uses permitted in stream area. (1) The provisions of this section shall not apply to those uses existing at such time as a stream is included in the system. (2) Land uses to be allowed within the boundaries of a designated stream area shall be as follows: New roads, structures or buildings may be constructed only where necessary to effect a use permitted under the other provisions of KRS 146.200 to 146.360. <br>Utility lines or pipelines may be constructed as approved by the secretary in writing <br>and under provision that the affected land be restored as nearly as possible to its <br>former state. This provision, however, shall in no way affect the rights between a <br>landowner and a utility company or pipeline company. There shall be no strip <br>mining as defined in KRS 350.010, and select cutting of timber or other resource <br>removal and agricultural use, may be allowed pursuant to regulations promulgated <br>by the secretary upon the granting of a permit under the other provisions of KRS <br>146.200 to 146.360. All instream disturbances such as dredging, shall be prohibited. <br>Except for the management agency and any existing uses which do not conform to <br>the purposes and intent of KRS 146.200 to 146.360, travel upon a wild river or any <br>public lands within the designated boundaries thereof, shall be by foot, horseback, <br>canoe, boat or other nonmechanical modes of transportation. If there are existing <br>agricultural areas within the boundaries of the area, such areas may continue to be <br>used for agricultural purposes. (3) Any landowner within the boundaries of the area may apply to the secretary for a change of use to permit the select cutting of timber, a resource removal or an <br>agricultural use upon his property located within the area and the secretary shall <br>hold a public hearing after public notice on the application within sixty (60) days. <br>The landowner or any interested person shall be allowed to present evidence as to <br>whether the proposed use by the applying landowner is in accordance with the <br>management plan developed pursuant to KRS 146.270, the purpose and intent of <br>the Wild Rivers Act as expressed in KRS 146.220, and other applicable law. (4) The secretary shall, within sixty (60) days after said hearing, either: (a) Issue an order, with accompanying opinion, denying the permit; or <br>(b) Issue an order, with accompanying opinion, granting the permit with such restrictions, terms and conditions as are appropriate to protect to the fullest <br>extent possible the wild rivers area and the public trust therein within the <br>intent of KRS 146.220; or (c) Recommend an alternate use to which the land may be put under KRS 146.200 to 146.360 which is more consistent with the purposes and intent of <br>KRS 146.200 to 146.360 than the use for which application was made; or (d) Institute condemnation proceedings in the circuit court of the county in which the land is located or else negotiate a purchase of the land affected, or any <br>interest therein. (5) On or before thirty (30) days from the date of the secretary's ruling, the landowner may file with the department a written objection to the ruling. If, within the next sixty (60) days the landowner and the secretary are unable to reach an agreement <br>with respect to a modification of his ruling, the secretary must either permit the use <br>applied for, condemn the property, or petition the Franklin Circuit Court for an <br>order restraining the proposed use. The order shall be entered immediately upon the <br>filing of the petition and the execution of a bond without surety by the <br>Commonwealth in an amount satisfactory to the court to indemnify the landowner <br>against loss of profits from any wrongful restraint of the use of his property during <br>the period from the filing of the petition until such time as the matter is concluded <br>by the courts. The court shall review the decision as to both law and fact; but no <br>factual finding shall be reversed unless clearly erroneous or else arbitrary, <br>capricious, or an abuse of discretion. History: Amended 1976 Ky. Acts ch. 197, sec. 9. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(9). -- Created 1972 Ky. Acts ch. 117, sec. 10.