2013 Kentucky Revised Statutes CHAPTER 148 - PARKS AND TOURISM 148.795 Kentucky Recreational Trails Authority -- Purpose -- Membership -- Meetings -- Land use agreements for recreational purposes -- General use permits -- Authority may hold property for public use -- Proceeds.
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148.795 Kentucky Recreational Trails Authority -- Purpose -- Membership -Meetings -- Land use agreements for recreational purposes -- General use
permits -- Authority may hold property for public use -- Proceeds.
(1)
(2)
As used in this section:
(a) "Agreement" means a recreational land use agreement where at least
one (1) party is a governmental entity as defined in this section;
(b) "Government" or "governmental entities" means any government entity of
the Commonwealth, including state government agency, city, county,
urban-county government, consolidated local government, unified local
government, or charter county;
(c) "Land" means land, roads, water, watercourses, private ways and
buildings, structures, and machinery when attached to the realty;
(d) "Owner" means a private individual, corporation, or government who
possesses a fee interest in the land; and
(e) "Recreational purpose" includes but is not limited to any of the following,
or any combination thereof: hunting, fishing, rock climbing, swimming,
boating, camping, picnicking, hiking, bicycling, horseback riding, pleasure
driving, nature study, waterskiing, winter sports, all-terrain vehicle riding,
and viewing or enjoying historical, archaeological, scenic, or scientific
sites.
The Kentucky Recreational Trails Authority is hereby established and attached
to the Office of the Secretary, Tourism, Arts and Heritage Cabinet, for the
purpose of planning and implementing programs to expand tourism
opportunities for off-road activities that are pertinent to nonmotorized and
motorized vehicle use, including but not limited to pedestrians, bicycles,
mountain bicycles, horses, all-terrain vehicles (ATVs), and off-highway vehicles
(OHVs), on designated lands in Kentucky. Membership of the authority shall
consist of the following:
(a) A chairman, selected from its members, to be designated by the
Governor;
(b) Membership shall include the following members:
1.
Two (2) representatives of the Kentucky Motorcycle Association, to
be appointed by the Governor from a list of five (5) nominees
selected by the association. The initial term of one (1) member shall
expire one (1) year after the date of appointment. The initial term of
the other member shall expire two (2) years after the date of
appointment;
2.
One (1) member of the League of Kentucky Sportsmen, appointed
by the Governor. The initial term of this member shall expire one (1)
year after the date of appointment;
3.
One (1) member of the Kentucky Council of Area Development
Districts, appointed by the Governor. The initial term of this member
shall expire four (4) years after the date of appointment;
4.
Two (2) members selected from ATV associations, with
consideration given to geographic diversity. The initial term of one
(c)
(d)
(1) of these members shall expire two (2) years after the date of
appointment, and the initial term of the other member shall expire
three (3) years after the date of appointment;
5.
Two (2) members representing Kentucky Farm Bureau, with
consideration to the eastern and western parts of the state. The
initial term of one (1) member shall expire two (2) years after the
date of appointment, and the initial term of the other member shall
expire four (4) years after the date of appointment; and
6.
Two (2) members representing the coal industry, with consideration
to the eastern and western parts of the state. The initial term of one
(1) member shall expire two (2) years after the date of appointment,
and the initial term of the other member shall expire four (4) years
after the date of appointment;
Seven (7) additional members who shall be appointed by the Governor
from the following groups:
1.
One (1) member shall be chosen from a Kentucky bicycling
organization that is affiliated with either the League of American
Bicyclists, the United States Cycling Federation, or the International
Mountain Bicycling Association. The initial term of this member shall
expire three (3) years after the date of appointment;
2.
One (1) member shall be from a Kentucky equine organization that
has trail riding as its primary focus. The initial term of this member
shall expire one (1) year after the date of appointment;
3.
One (1) member shall be chosen from a state or national hiking or
backpacking organization. The initial term of this member shall
expire two (2) years after the date of appointment;
4.
Two (2) members shall be chosen from five (5) persons nominated
in writing by the Kentucky Horse Council. The initial term of one (1)
of these members shall expire four (4) years after the date of
appointment, and the initial term of the other member shall expire
two (2) years after the date of the appointment;
5.
One (1) member shall be chosen by the Governor from the public at
large. The initial term of this member shall expire three (3) years
after the date of appointment; and
6.
One (1) member shall be selected from among the county
judges/executive of the Commonwealth. The initial term of this
member shall expire two (2) years after the date of appointment;
Additionally, the following shall serve as members by virtue of their official
positions:
1.
The secretary of the Transportation Cabinet, or the secretary's
designee;
2.
The secretary of the Tourism, Arts and Heritage Cabinet, or the
secretary's designee;
3.
The commissioner of the Department of Fish and Wildlife
Resources, or the commissioner's designee;
4.
(e)
(3)
(a)
(b)
(c)
(4)
(a)
(b)
(c)
(5)
(a)
(b)
(c)
(d)
(e)
(6)
An
The secretary of the Justice and Public Safety Cabinet, or the
secretary's designee;
5.
The secretary of the Energy and Environment Cabinet, or the
secretary's designee; and
6.
The Commissioner of the Department of Agriculture, or the
Commissioner's designee; and
Upon the expiration of the terms of the initial members described in
paragraphs (b) and (c) of this subsection, the Governor shall appoint
thirteen (13) members of the public in such a manner as to ensure equal
representation of motorized and nonmotorized use of trails and in
accordance with the requirements of paragraphs (b) and (c) of this
subsection. Any vacancy on the authority shall be filled by the Governor
for the unexpired term.
Each appointed member shall serve for a term of four (4) years. Sitting
members shall be eligible to succeed themselves.
Any member may be removed from his or her appointment by the
Governor for cause.
Appointed members shall be reimbursed for travel costs incurred in
attending meetings, which shall be paid from the funds of the Kentucky
Department of Travel and Tourism and in compliance with the Tourism,
Arts and Heritage Cabinet's procedures for travel and reimbursement.
The chairman shall set the agenda, place, and time of meetings, which
shall be held a minimum of two (2) times per year and conducted in
accordance with the Open Meetings Act, KRS 61.805 to 61.850.
A quorum for all meetings shall consist of seven (7) of the members.
The chairman shall be a nonvoting member, except in cases of a tie vote,
in which case, the chairman may cast the deciding vote.
An agreement as defined in subsection (1) of this section may be entered
into by any owner or owners and any governmental entities as defined in
subsection (1)(b) of this section.
The agreement shall be a contractual arrangement that authorizes the
public to utilize the owner's land for a recreational purpose. The allowable
recreational purpose or purposes may include but are not limited to
all-terrain vehicle riding, public hunting, nature conservation, biking, rock
climbing, hiking, and horseback trail riding and may be limited in scope by
the terms of the agreement.
The agreement may specify that the governmental entity or entities may
be responsible for the maintenance and upkeep of the land.
The provisions of KRS 411.190 shall apply to public use of lands for
recreational purposes authorized under an agreement entered into
pursuant to this section.
Unless otherwise agreed by the parties, the agreement may be
terminated by either party at any time for any reason if thirty (30) days'
notice is given.
agreement executed pursuant to this section, or the use of land under an
agreement created pursuant to this section, shall not:
(a) Create in any user any interest in the property;
(b) Ripen into a claim of adverse possession;
(c) Alter the land or status of the land to make it unsuitable for mining
pursuant to KRS 350.610; or
(d) Cause a denial of a mining permit pursuant to KRS 350.085 or other
statutes or regulations of the Commonwealth of Kentucky or any political
subdivision thereof.
(7) In accordance with the purpose and limitations specified in this section, the
governmental entities may:
(a) Construct, develop, manage, maintain, operate, improve, renovate,
finance, or otherwise provide for recreational activities and facilities on
designated public lands and private lands where owners have voluntarily
entered into use agreements with the authority or government; and
(b) Charge for a general use permit to access the lands for off-road activities
as described in subsection (5) of this section that shall be valid for not
less than thirty (30) days.
(8) The Kentucky Recreational Trails Authority may accept, acquire, dispose of, or
hold real or personal property, and any interest therein, by deed, grant, loan,
gift, devise, bequest, lease, license, easement, or transfer from any state or
federal government agency, or from any person, corporation, or other entity, for
the purpose of public use.
(9) All proceeds derived from the sale of a general use permit pursuant to
subsection (7)(b) of this section, or any proceeds derived from property
identified in subsection (8) of this section, shall be paid to the State Treasurer,
who shall deposit the proceeds in a revolving fund to carry out the purposes of
this chapter. The fund shall be administered by the Tourism, Arts and Heritage
Cabinet. Notwithstanding KRS 45.229, any moneys remaining in the fund at
the close of the fiscal year shall not lapse but shall be carried forward into the
succeeding fiscal year to be used for the purposes set forth in this section.
(10) The Tourism, Arts and Heritage Cabinet may promulgate administrative
regulations in accordance with the provisions of KRS Chapter 13A in order to
carry out the provisions of this section.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24. sec. 139, effective July 15, 2010; and
ch. 65, sec. 5, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 16,
sec. 25, effective June 25, 2009. -- Amended 2008 Ky. Acts ch. 70, sec. 1,
effective July 15, 2008. -- Created 2006 Ky. Acts ch. 152, sec. 11, effective July
12, 2006.
Legislative Research Commission Note (7/15/2010). This section was amended
by 2010 Ky. Acts chs. 24 and 65, which do not appear to be in conflict and have
been codified together.
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