177.020 State primary roads to be designated and controlled by the Department of
600 words·~3 min read·
/ky/177-020A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Highways -- Notice to fiscal court and affected citizens -- Rural secondary road
system -- Maintenance -- Administrative regulations.
(1)The state primary road system shall consist of such public roads and city streets
within the state as the Department of Highways determines shall be established,
constructed, or maintained by the Department of Highways.
(2)The department shall, in its discretion, determine which public roads, or city streets,
shall be established, constructed, or maintained by it, and shall determine the type
of construction or maintenance for that road or city street.
(3)In the establishment of the state primary road system, the Department of Highways
is authorized to select new routes, deviate from an existing route whenever it deems
such deviation proper, eliminate from the state primary system roads or city streets
which have been replaced as proper part of the system by the construction of a new
facility or the selection of a new route. No permanent ingress or egress ramp of the
state primary road system on fully controlled access facilities shall be closed, except
for repairs, unless a public hearing is first held in the area to be affected by the
closing. The Department of Highways shall, at least twenty
(20)days before the
hearing, advertise in a newspaper of general circulation in the area to be affected by
the closing, the date, time, and place of the hearing.
(4)Prior to the advertisement for bids on any highway construction project, the
Department of Highways shall meet with the fiscal court in the jurisdiction of the
construction project for the purpose of advising the fiscal court of any state road or
road segment which the department may seek to eliminate from the state primary
road system upon completion of that highway construction project. The requirement
of this subsection shall be in addition to the requirements of subsection
(5)of this
section.
(5)The department shall notify the fiscal court of the county at least four
(4)months
before it eliminates a road, road segment, bridge, or street in that county from the
state primary road system. Upon receiving notice, the fiscal court may reject title
and notify the department that the road shall not become part of the county road
system. If the fiscal court declines, the department shall give notice to all private
persons entitled to a necessary access over this road of their rights under this
chapter; and, by petition of any private party entitled to such access, the road shall
be deemed a discontinued state road and shall be closed to public use but remain
open in accordance with its condition and use for the access of the private parties
involved. In the absence of such petition, title shall be transferred to the owner or
owners of the tract or tracts of land to which the road originally belonged.
(6)As used in this section, the term "rural secondary roads" shall mean the system of
roads in this state which are usually considered farm-to-market roads and that are
classified as part of the rural secondary road system by the Department of
Highways. The roads in the rural secondary system shall be maintained with the
proceeds of the provisions of KRS 177.320(1) and in no case shall the rural
secondary system, as defined in this subsection, be less than eleven thousand eight
hundred (11,800) miles.
(7)The establishment, construction, or maintenance of the state primary road system
shall be under the direction and control of the Department of Highways. The
commissioner of highways is authorized to adopt regulations necessary to the
administration of this authority.