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; or3.
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; or2.
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; or6.
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; or3.
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.)
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; or3.
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; or2.
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; or6.
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; or3.
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.)