148.890 Use of lands adjacent to or visible from trail -- Legislative findings.

259 words·~1 min read·/ky/chapter-148/148-890

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Subject to the provisions of KRS 148.878(3)(a), nothing in KRS 148.870 to

148.892 shall be construed or interpreted as affecting, in any way, the legitimate use

of surface and subsurface property adjacent to or visible from the trail, whether such

use was in effect upon the designation of the trail or not, including but not limited to

timbering, oil and gas operations, mining, both by surface and underground mining

means, or any other legitimate use of surface or mineral property adjacent to or

within view of the trail.

(2)Use of the lands outside of the boundary of the trail shall not be limited or restricted

because the lands may be viewed from the trail. The viewshed of the trail shall be

limited to the trail boundary for any land use regulation of lands outside the

boundary of the trail.

(3)The General Assembly finds that the boundaries for the trail prescribed in KRS

148.870 to 148.892 are adequate and sufficient to protect areas inside the trail that

may contain fragile or historic lands; or which may have important historic, cultural,

scientific, aesthetic values and natural systems; or that may be renewable resource

lands which have importance in terms of long-range productivity of water supply,

food, or fiber products; or which could be considered natural hazard lands,

including lands subject to frequent flooding, areas of unstable geology, or areas in

which the health, safety, or welfare of people, property, or the environment is

threatened due to surface coal mining or similar activities conducted outside of the

trail boundaries.