2013 Kentucky Revised Statutes CHAPTER 148 - PARKS AND TOURISM 148.874 Pine Mountain State Scenic Trail -- Boundaries -- Connecting or side paths -- Support facilities -- Limit to nonmotorized uses -- Cemeteries and burial grounds.
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148.874 Pine Mountain State Scenic Trail -- Boundaries -- Connecting or side
paths -- Support facilities -- Limit to nonmotorized uses -- Cemeteries and
burial grounds.
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There is hereby designated a linear state park, the boundaries of which shall
be determined by the department in accordance with this section known as the
Pine Mountain State Scenic Trail, a trail of approximately one hundred twenty
(120) miles in length, located exclusively within the boundaries of Kentucky
beginning along the border of Kentucky and Virginia at or near Breaks
Interstate Park, and extending generally south-southwest along the crest of
Pine Mountain to the vicinity of Pine Mountain State Resort Park and
continuing south to the Cumberland Gap National Park on the vicinity thereof.
Insofar as practicable, the boundaries of the trail from the Breaks Interstate
Park to Bad Branch State Nature Preserve shall be a one thousand (1,000)
foot corridor, the center of which shall be the crest of Pine Mountain, to the
extent that the corridor does not encroach upon the territory of the
Commonwealth of Virginia. Insofar as practicable, the boundaries of the trail
from the Bad Branch State Nature Preserve to the Pine Mountain State Resort
Park shall be a corridor one hundred (100) to two hundred fifty (250) feet along
the level top of Pine Mountain. The route of the trail from Pine Mountain State
Resort Park to Cumberland Gap National Park shall be a corridor no wider than
two hundred fifty (250) feet to be determined by the department.
Notwithstanding these boundary limitations, the department may through
negotiations with the land owner acquire additional land outside the boundary
limitations. The trail shall be depicted on the "Pine Mountain State Scenic Trail
Map," which shall be on file and available for public inspection in the office of
the commissioner of the department. The trail map shall delineate those
portions of the trail that are owned or leased by the Commonwealth or on
which the Commonwealth has obtained an easement and shall be updated
periodically solely for the purpose of reflecting additions to those specific areas.
The department may designate connecting or side paths which shall provide
additional points of public access to the trail or access to points of interest, and
which shall be of the same scenic nature as the trail, except that connecting or
side paths shall not be acquired through eminent domain.
Because of its extended length, the department may supplement the trail by
support facilities located on certain designated parts of the trail or outside the
trail. These support facilities may include, as the department deems necessary
and feasible, primitive shelters, fireplaces, safe water supplies, and other
related public-use facilities that shall meet department standards. No open
wood fires shall be permitted on the trail except in areas with support facilities
specifically designated for that purpose.
The trail shall be a state scenic trail, so chosen because of its unique location.
It shall be limited to foot use and other nonmotorized uses as permitted on
segments where deemed appropriate by the department, and as set forth in
KRS 148.878.
The department shall, no later than June 30, 2003, determine the boundaries
of the trail. In determining the boundaries of the trail the department shall not
encroach upon any privately owned dwelling, or areas designated for
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residential structures and their surrounding properties, but shall route the trail
around a privately owned dwelling or areas designated for a residential
structure.
The department shall not acquire through eminent domain any cemetery or its
surrounding property which is designated as a cemetery or burial ground on
July 15, 2002.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 87, sec. 3, effective July 15, 2010. -- Created
2002 Ky. Acts ch. 118, sec. 3, effective July 15, 2002.
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