Kentucky Revised Statutes
Includes enactments through the 2024 Regular Session
Chapter titles, centered headings, section catchlines, and explanatory notes are for informational purposes only and do not constitute any part of the law. For general laws governing construction of statutes, see KRS Chapter 446. %--span>
The KRS database was last updated on 11/20/2024 %--span>
.005 Repealed, 1960.
.010 Definitions for chapter.
.020 Declaration of legislative policy and finding of fact.
.024 Repealed, 1973.
.025 Provisions inconsistent with federal law unenforceable.
.026 Repealed, 1966.
.028 Powers of cabinet.
.0281 Repealed, 1992.
.0285 Notification to Transportation Cabinet of permits for mine openings and of mine closings under authority of cabinet.
.029 Regulations to implement Interstate Mining Compact -- Adoption -- Limitations.
.030 Repealed, 1956.
.0301 Petition challenging determination of cabinet -- Conduct of hearings -- Administrative regulations -- Secretary may designate deputy to sign final orders.
.0305 Appeal of cabinet's order.
.032 Enforcement of subpoenas -- Judicial review of final orders -- Forfeiture of performance bond -- Temporary relief pending final determination.
.035 Repealed, 2017.
.040 Repealed, 1956.
.045 Repealed, 1960.
.050 Powers of cabinet.
.052 Repealed, 2017.
.053 Repealed, 2017.
.054 Illegal mining and conveyance reclamation fund -- Purpose -- Control.
.055 Publication of notice of intention to mine by permit applicant -- Notification of various local government bodies by cabinet.
.057 Coal exploration operations.
.060 Permit requirement -- Contents of application -- Fee -- Bond -- Administrative regulations -- Successive renewal -- Auger mining of previously mined area -- Exempt operations.
.062 Data included in permit application -- Contemporaneous reclamation -- Subsoil augmentation -- Cabinet to compile hydrologic data -- Abandoned land projects classified as government financed construction.
.063 Duty of applicant to meet and confer with well operator if permit will disturb access roads.
.064 Reclamation bond to be filed by applicant.
.066 Bond posting not required until permit application approved.
.068 Cancellation of surety.
.069 Stringency of regulations.
.070 Permit revisions.
.075 Special permits for remining of previously affected areas -- Administrative regulations.
.080 Procedure for obtaining approval of other mining operations -- Deferral of reclamation.
.085 Denial of permits and operations -- Deletion of land areas.
.090 Method of operation, grading, backfilling, and reclamation plans -- Funding from reclamation development fund -- Waste materials in permit area only -- Exclusions.
.093 Time and distance limits on reclamation efforts -- Deferments -- Drift or other underground mining -- Variances -- Release of bond.
.095 Responsibility for successful revegetation -- Cabinet administrative regulations.
.097 Protection and location of pollinator habitats on coal mine reclamation sites.
.100 Time for commencement and completion of reclamation -- Deferred planting.
.105 Easement of necessity to conduct reclamation operations.
.110 Repealed, 1990
.113 Planting report.
.117 Ownership of trees, shrubs, and plants.
.120 Report on expiration of permit -- Contents.
.130 Notice of noncompliance -- Revocation of permit -- Bond forfeiture -- Ineligibility for future permits -- Notice or order effective upon delivery.
.131 Use of forfeited reclamation bond funds -- Contract to reclaim overlapped disturbed area for which bond has been forfeited and collected.
.133 Mountaintop removal.
.135 Requirements for transfer of surface coal mining permit -- Release of bond -- Regulations -- Approval by cabinet.
.139 Deposit of funds to State Treasury -- Exceptions -- Amount to be transferred to fiscal courts -- Remainder for Division of Mine Permits.
.140 Repealed, 1973.
.141 Repealed, 1973.
.143 Repealed, 1973.
.145 Repealed, 1973.
.150 Reclamation work by cabinet -- Procedure -- Acceptance of federal and other funds -- Access to land.
.151 Permanent program administrative regulations for mining and reclamation -- Bond.
.152 Acquisition of land by Commonwealth for reclamation purposes.
.154 Restoration and reclamation by cabinet.
.156 Transfer of jurisdiction of restored land to state agency or sale to political subdivision -- Return of money to revolving fund.
.158 Land under bond for restoration not to be acquired.
.160 Repealed, 1962.
.161 Acquisition and disposal of land, how governed.
.163 Cabinet may accept state and federal funds -- Deposit in State Treasury.
.170 Construction of chapter.
.175 Persons required to comply with requirements of chapter.
.180 Repealed, 1962.
.185 Repealed, 1973.
.190 Repealed, 1962.
.195 Repealed, 1966.
.200 Signs to be posted at mining sites.
.210 Repealed, 1982.
.220 Repealed, 1978.
.230 Conformance to statutes and regulations required, when -- Effective date of regulation.
.240 Clay mining regulations.
.245 Permit required to conduct mining for vein minerals -- Exemptions.
.250 Complaints of violation -- Mandamus -- Civil action by person adversely affected by violation -- Intervention by cabinet.
.255 Petition for initiation of proceeding for issuance, amendment or repeal of a regulation -- Notice -- Hearing -- Order -- Judicial review.
.260 Repealed, 2017.
.270 Disposal of coal combustion by-products at surface coal mining operations -- Permitting process -- Requirements for disposal -- Authority for administrative regulations.
.275 Legislative findings and declaration on backstowing and reinjection of coal processing and coal underground development waste.
.280 Easements of necessity to abate certain dangerous violations and for appraisal purposes when access to property denied -- When effective -- Appraisal and calculation of damages -- Independent appraisal by property owner or legal occupant -- Payment of damages -- Payment of entry fee for appraisal purposes.
.285 Repealed, 2006.
.300 Interstate Mining Compact enacted.
.310 Mining Council -- Members -- Terms.
.320 Bylaws of Interstate Mining Commission -- Where filed.
.400 Repealed, 1982.
.405 Restoration of land.
.410 Restoration of approximate original contour.
.415 Soil segregation.
.420 Minimization of the disturbance to hydrologic balance.
.421 Protection of water resources.
.425 Waste used as dams -- Jurisdiction over dams.
.430 Explosives.
.435 Vegetation.
.440 Placement of excess spoil.
.445 Steep-slope strip mining -- Performance standards -- Conditions for disturbing land above highwall for road construction.
.450 Prime farmland -- Mountaintop removal -- Variance upon written request of surface owner -- Technical assistance for small operator -- Release of portion of bond.
.455 Water impoundment on mining site.
.460 Financial interest by state employee prohibited.
.465 Permanent regulatory program.
.470 Repealed, 2017.
.475 Regulations regarding disturbance of reclaimed permit areas and for transferring liability for reclamation.
.480 Use of simplified procedures for determining restoration of soil productivity on mined prime farmlands.
.485 Promotion of research and data collection on simplified procedures to determine their validity with respect to restoration of soil productivity on mined prime farmlands.
.500 Definitions for KRS 350.500 to 350.521.
.503 Kentucky reclamation guaranty fund.
.506 Reclamation Guaranty Fund Commission -- Membership -- Bylaws -- Meetings -- Conflicts of interest -- Applicability of Executive Branch Code of Ethics.
.509 Duties of commission.
.512 Office of the Reclamation Guaranty Fund -- Duties of executive director.
.515 Mandatory participation in fund -- Initial capitalization -- One-time assessments -- Full-cost bond in lieu of participation.
.518 Permittee to submit permit-specific bond under KRS 350.060(11) -- Tonnage fees -- Assignment of mine type classification -- Inclusion of future permits of existing classification -- Inclusion of future permits of existing voluntary bond pool fund members -- Permit-specific penal bond -- Administrative regulations -- Suspension of permit for arrearage in fees -- Rights and remedies.
.521 Forfeiture of bonds for permits covered by fund -- Use of additional moneys when bond insufficient to cover estimated reclamation cost.
.550 Creation of Abandoned Mine Lands Program -- Reclamation fund -- Use of fund.
.553 Certification of achievement of priorities -- Effect of concurrence in certification.
.555 Priorities for expenditure of moneys from fund.
.560 Lands and water eligible for reclamation or drainage abatement expenditures.
.563 Restrictions on use of reclamation project grants.
.565 Authority to submit plans and reports to federal Department of the Interior.
.570 Right of cabinet to enter upon land for reclamation purposes -- Acquisition and disposal of land by Commonwealth.
.575 Lien for reclamation.
.580 Reclamation of surface impacts of underground or surface mining.
.585 Emergency restoration and reclamation.
.590 Power of cabinet to administer provisions of Abandoned Mine Lands Program.
.595 Application for inclusion under Abandoned Mine Land Enhancement Program -- Coverage under Kentucky reclamation guaranty fund.
.597 Special trust fund.
.600 Legislative findings and intent -- Commercial oil shale mining prohibited until adoption of rules and regulations.
.610 Designation of lands as unsuitable for surface coal mining.
.700 Repealed, 2013.
.705 Repealed, 2013.
.710 Repealed, 2013.
.715 Repealed, 2017.
.720 Repealed, 2013.
.725 Repealed, 2013.
.730 Repealed, 2013.
.735 Repealed, 2013.
.740 Repealed, 2013.
.745 Repealed, 2013.
.750 Repealed, 2013.
.755 Repealed, 2013.
.990 Penalties.