Title 301 | Chapter 006 | Regulation 040


301 KAR 6:040.Zoning or marking of waterways.

Section 1.

Definitions.

(1)

"Navigable waters" means a navigable waterway as defined by 33 C.F.R. Part 329.

(2)

"Non-navigable" means all waters not defined by subsection 1 of this section.

(3)

"Recreational vessel" means a vessel that is not documented as commercial by the U.S. Coast Guard.

Section 2.

General Requirements.

(1)

A person shall not zone, or place buoys or signs:

(a)

On non-navigable waters without first obtaining written approval from the department.

(b)

On navigable waters without first obtaining written approval from the department with concurrence by:

1.

The United States Coast Guard;

2.

The United States Army Corps of Engineers; or

3.

The Tennessee Valley Authority.

(2)

A person shall not moor a vessel to a buoy or navigational aid that is not specifically designated as a mooring device.

Section 3.

Zoned Waterways.

(1)

On Herrington Lake, a person shall not:

(a)

Ski except along the main lake channel; or

(b)

Operate a motorboat at greater than idle speed in inlets;

(2)

A person shall not ski on the Big Sandy River.

(3)

A person, between the Second Street Bridge and the McAlpine Dam on the Ohio River;

(a)

Shall not operate recreational vessels except:

1.

To lock through the McAlpine Dam; or

2.

To dock at the Louisville Municipal Wharf.

(b)

Shall remain within the confines of the commercial channel.

(4)

A person shall not operate a motorboat at faster than idle speed on the Salt River in Mercer County.

(5)

A person, between the Brent Spence Bridge and the Daniel Carter Bear Bridge on the Ohio River, shall not:

(a)

Operate a recreational vessel at greater than idle speed during the period from sunset to sunrise;

(b)

Operate a recreational vessel at greater than idle speed within 300 feet of any:

1.

Marina;

2.

Boat docking facility;

3.

Boat gasoline dock;

4.

Launch ramp;

5.

Recreational boat harbor; or

6.

Harbor entrance;

(c)

Pull or tow any individual outside of the recreational vessel for a recreational purpose; or

(d)

While operating a personal watercraft:

1.

Jump the wake of another watercraft;

2.

Perform abrupt turns; or

3.

Engage in similar acrobatic maneuvers.

Section 4.

Flotation devices near locks and dams.

(1)

A person shall not operate a vessel within an area designated or appropriately marked as a hazardous area below any lock or dam, unless each person aboard is wearing a U.S. Coast Guard approved flotation device of:

(a)

Type I;

(b)

Type II;

(c)

Type III; or

(d)

Type V.

(2)

On the Kentucky River, a person shall not operate a vessel within 150 feet below any dam or within a designated or appropriately marked hazardous area, unless each person aboard is wearing a U.S. Coast Guard approved flotation device of:

(a)

Type I;

(b)

Type II;

(c)

Type III; or

(d)

Type V.

Section 5.

33 C.F.R. 1, Subpart 66.10, governing the uniform placement and characteristics of navigational and regulatory markers, is adopted without change.

HISTORY: (21 Ky.R. 3097; eff. 7-12-95; 29 Ky.R. 791; 1334; eff. 11-13-02; 38 Ky.R. 1380; 1561; eff. 4-6-12; Crt eff. 2-5-2020.)

7-Year Expiration: 2/5/2027

Last Updated: 12/15/2021


Page Generated: 5/12/2023, 4:33:50 PM