Title 418 KAR — Kentucky Heritage Land Conservation Fund Board

Chapter 1 General Administrative Procedures

418 KAR 1:010 Definitions for 418 KAR Chapter 1 {#sec-418-kar-1-010 omnilex-key=us-ky-regs-official--title-418--418 KAR 1:010}

Section 1. Definitions.

(1) "Access land" means land necessary for reasonable and planned ingress and egress from the project site.

(2) "Acquisition" means the procurement of land and includes options, appraisals, maps, surveys, title opinions, title insurance and environmental audits, and inspections.

(3) "Administration" means activities conducted by the Office of Kentucky Nature Preserves to accomplish the purposes of KRS 146.550 through 146.570 and 418 KAR Chapter 1 and encompasses reasonable operating costs, consultant and contractor fees, and staff and equipment costs for approved activities including project development, application, conservation easement, deed restriction, and management plan assessment, implementation and enforcement, and biological inventories of fund projects.

(4) "Areas important to migratory birds" means those areas important to the reproduction and survival of migratory birds, including:

(a) Large tracts of contiguous forest;

(b) Wooded greenspace areas;

(c) Shallow open water habitats with expansive areas of shoreline;

(d) Wetlands or wetland complexes including marshes, deep water sloughs, and swamps;

(e) Natural or restored grasslands; and

(f) Riparian corridors.

(5) "Board" means the Kentucky Heritage Land Conservation Fund Board.

(6) "Buffer land" means land that will aid in protecting the project site from harm or will prevent degradation of the visitor experience at the project site.

(7) "Chair" means the chairperson of the board.

(8) "Dollar for dollar" means that for every Kentucky Heritage Land Conservation Fund dollar granted by the board, the applicant spends an equal amount at the board's direction.

(9) "Fund" means the Kentucky Heritage Land Conservation Fund.

(10) "Grant" means an award of money from the Kentucky Heritage Land Conservation Fund pursuant to KRS 146.570(4)(f).

(11) "Greenspace" means undeveloped land in or around urban areas, including forests or other natural vegetation, stream-side corridors, natural areas, and abandoned rights-of-way.

(12) "Local governments" means county governments, municipalities, school districts, and special districts, or a combination thereof.

(13) "LTO" means Private, nonprofit land trust organization as defined by subsection (19) of this section.

(14) "Management" means the stewardship necessary to fulfill the purposes of KRS 146.550 through 146.570 and 418 KAR Chapter 1 and encompasses site development costs and reasonable operating costs, consultant and contractor fees, facility development, supplies, materials, site-specific equipment, and staff costs.

(15) "Natural area" means any area of land or water, or of both land and water, in public or private ownership, which either retains or has reestablished to some degree, in the judgment of the office, its natural character, though it need not be completely natural and undisturbed, or which has natural flora, fauna, biological, ecological, geological, scenic, or archaeological features of scientific, aesthetic, cultural, or educational interest.

(16) "Natural state" means the condition of an area that retains, has substantially reestablished, or is in the process of reestablishing, an indigenous ecosystem.

(17) "Office is defined by KRS 146.415(4).

(18) "Outdoor recreation" means activity on a subject property that does not cause harm to the property or its natural state, or hinder the heritage land conservation purposes of KRS 146.550 through 146.570.

(19) "Private, nonprofit land trust organization" means a group with Internal Revenue Code 501(c)(3) status qualified to hold land and easements for land conservation purposes.

(20) "Rare and endangered species" means those plants and animals identified as such by the Office of Kentucky Nature Preserves in accordance with 400 KAR 2:080 Section 6 and 400 KAR Chapter 3.

(21) "RMP" means resource management plan.

(22) "State agency" means any department, program, cabinet, institution, board, commission, office, or agency of the Commonwealth of Kentucky.

(23) "State colleges and universities" means accredited colleges and universities located in the Commonwealth of Kentucky.

History

• RELATES TO: KRS 146.550-146.570, 446.010(18)
• STATUTORY AUTHORITY: KRS 146.550-146.570
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.560(2) requires the board to promulgate administrative regulations necessary for application for funds from the agencies identified in KRS 146.570, review and approval of proposed projects, and review and approval of grants. KRS 146.560(2) requires the board to promulgate administrative regulations on land acquisition. This administrative regulation establishes definitions for terms used in 418 KAR Chapter 1.
• History: 21 Ky.R. 2845; 22 Ky.R. 92; eff. 7-12-1995; 39 Ky.R. 844; 1393; eff. 2-1-2013; 40 Ky.R. 127; 592; 803; eff. 10-3-2013; 45 Ky.R. 1804, 2658; eff. 4-5-2019; Crt to Am 3-25-2026.

418 KAR 1:020 Administrative procedures of the board {#sec-418-kar-1-020 omnilex-key=us-ky-regs-official--title-418--418 KAR 1:020}

Section 1. Meetings.

(1) Regular meetings. The board shall meet quarterly at times and places designated by the chair. The board shall provide for a yearly schedule of regular meetings pursuant to KRS 61.820.

(2) Special meetings.

(a) If a regular meeting is rescheduled, the board shall provide written notice of the rescheduled meeting pursuant to KRS 61.823(3) through (4).

(b) The chair or a majority of the members of the board may call a special meeting. The board shall provide written notice of a special meeting pursuant to KRS 61.823(3) through (4), unless the meeting is an emergency meeting, in which case the board shall comply with the notice requirements of KRS 61.823(5).

(3) Closed sessions. Deliberations on the future acquisition of land may be closed to the public if publicity would be likely to affect the value of the land. Sessions may also be closed to the public for any other reason permitted by KRS 61.810. The board shall meet the requirements for closed sessions established in KRS 61.815.

Section 2. Quorum.

(1) Five (5) members of the board shall be required to constitute a quorum of which:

(a) Two (2) shall be members pursuant to KRS 146.560(1)(a) through (e); and

(b) Three (3) shall be members pursuant to KRS 146.560(1)(f) through (k).

(2) The board shall act by a majority of those present at the meeting and constituting a quorum.

Section 3. Meeting Participation.

(1) A board member may participate in a meeting in person or by video teleconference pursuant to KRS 61.826.

(2) The designation of a board member pursuant to KRS 146.560(1)(a) through (e) shall be in writing and shall be submitted to the chair prior to the first meeting the designee attends. If the requirements of this subsection are not met, the designee shall not be permitted to vote.

Section 4. Meeting Minutes and Annual Report.

(1) Meeting minutes. Minutes of each meeting of the board shall be prepared and sent to each member of the board. Except for a closed session meeting, the minutes shall be provided to an interested party upon written request to the board in accordance with the requirements of KRS 61.872(2).

(2) Annual report. An annual report of the activities of the board for the previous year shall be prepared.

(a) This report shall include a cumulative list of all approved projects and a brief status report of areas acquired through the fund the previous fiscal year.

(b) The board shall submit the annual report to the Legislative Research Commission by October 1 of each year. Upon receipt of the annual report, the Legislative Research Commission may publish it in the Legislative Record or other appropriate publication.

Section 5. Officers. The board shall annually nominate and elect a vice-chair and a treasurer. The vice-chair shall preside over meetings in the absence of the chair. The treasurer, who shall be a member appointed pursuant to KRS 146.560(1)(f) through (k), shall monitor and report disbursements and receipts.

Section 6. Committees.

(1) There shall be two (2) standing committees - a projects review committee and a stewardship committee. The chair, with board approval, may also create other committees for specific purposes and a definite term.

(2) The projects review committee:

(a) Shall, through the administration of the office:

1. Review project applications submitted in accordance with 418 KAR 1:040;

2. Determine the compliance of an application with the four (4) priorities for acquisition established in KRS 146.560(2)(a) through (d);

3. Determine completeness and accuracy of an application; and

4. Prepare and submit a report of its findings to:

a. Each individual board member at least fifteen (15) days prior to a meeting at which the application will be considered by the board; and

b. The applicant; and

(b) May:

1. Assist an applicant in the preparation of an application; and

2. Contact an applicant before the due date of a report to correct a minor deficiency in the application.

(3) The stewardship committee shall, through the administration of the office:

(a) Review and make recommendations to the board regarding preliminary and final RMPs; and

(b) Ensure that the management of land purchased, in whole or in part, with fund money meets the requirements of:

1. KRS 146.550 through 146.570;

2. 418 KAR Chapter 1;

3. A written agreement between the board and a recipient of fund money;

4. A conservation easement or deed restriction held by the Commonwealth through the board for the use and benefit of the citizens of the Commonwealth in a manner consistent with KRS 146.550 through KRS 146.570 and the purposes for which the property was acquired;

5. The latest RMP approved by the board; and

6. Any other written restrictions, easements, or articles of dedication approved by the board.

(4) A committee shall include at least three (3) members, two (2) of whom are board members, one (1) having been appointed to the board by the Governor of Kentucky or as established in KRS 146.560(1)(f) through (k).

(a) The chair shall appoint committee members and a committee chair, and shall be a voting ex officio member of each committee.

(b) The board member representing the office or proxy shall be an ex officio member of each committee due to the administration of the fund program by the office.

(5) A majority of the members of a committee shall constitute a quorum. A committee shall act by a majority of those present at a meeting at which a quorum is present.

(6) Committee membership shall be established at the first meeting of each fiscal year.

History

• RELATES TO: KRS 61.805-61.850, 61.870-61.884, 146.550-146.570
• STATUTORY AUTHORITY: KRS 146.560(2), 146.565
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.560(2) requires the board to promulgate administrative regulations necessary for the application for funds from agencies identified in KRS 146.570, review and approval of projects and grants, and acquisition of land. This administrative regulation establishes procedures for the application for funds from agencies as established in KRS 146.570, for review and approval of projects and grants, and for acquisiton of land.
• History: 21 Ky.R. 2847; 22 Ky.R. 92; eff. 7-12-1995; 25 Ky.R. 2938; 26 Ky.R. 590; eff. 9-8-1999; TAm eff. 8-9-2007; 39 Ky.R. 846; 1196; eff. 2-1-2013; 45 Ky.R. 1806, 2659; eff. 4-5-2019; Crt to Am 3-25-2026.

418 KAR 1:040 Grant applications {#sec-418-kar-1-040 omnilex-key=us-ky-regs-official--title-418--418 KAR 1:040}

Section 1. Application.

(1) A state agency, local government, state college or university, or LTO seeking a grant pursuant to KRS 146.570(4)(f) shall submit to the board a completed grant application package.

(2) The application package shall include:

(a) A cover letter;

(b) The Kentucky Heritage Land Conservation Fund Board Grant Application Form, HL-1A;

(c) Location map;

(d) Site or project description;

(e) Preliminary Resource Management Plan, HL-1C, using the Preliminary Resource Management Plan Instructions, HL-1B;

(f) Copy of the portion of a 1:24,000 topographical map showing the approximate project boundaries; and

(g) Project costs worksheet.

(3) Money expended by an applicant in connection with a denied application for funds, a grant, or project under this section shall not be reimbursed to the applicant.

(4) An applicant shall not supply false or misleading information to the board and shall provide to the board verification that all information in the grant application is true and accurate.

(5) Grant applicants may submit joint applications. The preliminary RMP for a joint application shall specify which entity will perform each aspect of management. Each joint applicant shall remain responsible for all aspects of management.

Section 2. Review of Application.

(1) After reviewing the report received from the Projects Review Committee pursuant to 418 KAR 1:020, Section 6(2)(a), each board member shall review the application package and evaluate it based on:

(a) If the fund contains adequate money to fund the proposed project;

(b) If the proposed project meets one (1) or more of the priorities for acquisition listed in KRS 146.560(2)(a) through (d);

(c) If the proposed acquisition is one (1) of the areas referred to in KRS 146.565;

(d) The completeness and accuracy of the application package;

(e) If the preliminary RMP furthers the purposes of KRS 146.550 through 146.570;

(f) The applicant's ability to complete the acquisition and manage the land consistent with the preliminary RMP;

(g) The significance of the natural and educational resources on the project site;

(h) The prevalence of this type of project and project site in public systems; and

(i) The threat of loss or degradation of the project site if not protected.

(2) The board:

(a) Shall approve or deny a grant application by the vote of a majority of those present at a meeting at which there is a quorum; and

(b) May amend or attach conditions to the approval of a grant application.

(3) Consideration of a grant application may be carried over from meeting to meeting, and the board may decline to approve a grant application at a given meeting.

(4) The board may, itself or through the office, verify the accuracy of the information in a grant application and make further investigation of the merits of a proposed acquisition.

(5) The board shall mail to the applicant, within fifteen (15) days of board action, written notice of the approval or denial of a grant application and, if denied, the reasons for denial.

Section 3. Agreements. Funds shall not be disbursed until the applicant has entered into a written agreement with the board that requires the applicant to comply with:

(1) The requirements of KRS 146.550 through 146.570;

(2) 418 KAR Chapter 1;

(3) The application;

(4) A conservation easement or deed restriction that pertains to the project site; and

(5) The latest RMP approved by the board.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Kentucky Heritage Land Conservation Fund Board Grant Application Form", HL-1A, July 2018;

(b) "Preliminary Resource Management Plan Instructions", HL-1B, July 2018; and

(c) "Preliminary Resource Management Plan Template", HL-1C, July 2012.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the office of the Kentucky Heritage Land Conservation Fund, 375 Versailles Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

• RELATES TO: KRS 146.550-146.570, 382.800-382.860
• STATUTORY AUTHORITY: KRS 146.560(2), 146.565
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.560(2) requires the board to promulgate administrative regulations necessary for the application for funds from agencies identified in KRS 146.570, review and approval of projects and grants, and acquisition of land. This administrative regulation establishes the procedures for review and approval of grants funded to state agencies, local governments, and state colleges and universities pursuant to KRS 146.570(4)(a)-(f).
• History: 21 Ky.R. 2852; 22 Ky.R. 94; eff. 7-12-1995; 25 Ky.R. 2942; 26 Ky.R. 593; eff. 9-8-99; TAm eff. 8-9-2007; 39 Ky.R. 848; 1198; 1393; eff. 2-1-2013; 40 Ky.R. 125; 803; eff. 10-3-2013; 45 Ky.R. 1808, 2660; eff. 4-5-2019; Crt to Am 3-25-2026.

418 KAR 1:050 Procedures for acquisition of land {#sec-418-kar-1-050 omnilex-key=us-ky-regs-official--title-418--418 KAR 1:050}

Section 1. An applicant shall attempt to acquire:

(1) Land at or below its fair market value; and

(2) Available matching funds for the purchase of land and land management from a public or private entity.

Section 2. Transfer of Funds. An expenditure approved by the board shall be disbursed after a written agreement has been signed by the grant applicant and the board, through its chair, and all procedures in 418 KAR 1:040 and in the application have been followed.

Section 3. Deadline for Acquisition. The project site shall be acquired within two (2) years of board approval of the acquisition. If the requirements of an agreed upon MOA required by 418 KAR 1:040, Section 3, have been met, then an extension shall be granted by the board upon receipt of a written request for extension.

Section 4. Verification.

(1) Within ninety (90) days of purchase, a recipient of fund money shall provide to the board, a copy of the recorded deed of conveyance for land acquired.

(2) The deed shall indicate:

(a) That it has been filed of record in the courthouse of the county where the real estate is located; and

(b) The amount of consideration paid for the real estate, in accordance with KRS 45.450.

Section 5. Deed Restriction. A state agency that has been awarded grant funds pursuant to KRS 146.570(4) shall include in all deeds conveying ownership of property to that agency, as grantee, the following language: "Grantor and grantee hereby acknowledge that a source of funding for the purchase of the property is the Kentucky Heritage Land Conservation Fund, and that as consideration for receiving said funding, Grantee, including its successors and assigns, is required to maintain the property in perpetuity in accordance with the purpose, intent and requirements of the Kentucky Heritage Land Conservation Fund set forth at KRS 146.570 and 418 KAR Chapter 1. Grantee, including its successors and assigns, further acknowledges that it is prohibited from selling, exchanging, encumbering, or disposing of any interest in the property without the prior written consent of the Kentucky Heritage Land Conservation Fund, its successors and assigns, and the Kentucky Finance and Administration Cabinet, and that the Grantee, including its successors and assigns, shall ensure that any future owner of the property agrees in writing to be bound in perpetuity to the same restrictions and terms as stated herein."

Section 6. Conservation Easements.

(1) A local government, state college, state university, or LTO that has been awarded grant funds pursuant to KRS 146.570(4)(f) shall convey to the Commonwealth of Kentucky a conservation easement in perpetuity over all land acquired, in whole or in part, with fund proceeds.

(a) This conveyance shall occur simultaneously with the conveyance of the property to the applicant.

(b) The conservation easement shall meet the requirements of KRS 382.800 through 382.860 and ensure that lands acquired shall be maintained in perpetuity for the purposes established in KRS 146.560.

(2) Matching funds.

(a) No later than ninety (90) days after board approval of an application from an LTO, the applicant shall deposit into a designated account the matching funds required by KRS 146.560(2)(d). The board shall rescind a grant application submitted by an LTO if the LTO fails to deposit the matching funds required by KRS 146.560(2)(d) prior to acquiring the property.

(b) An LTO shall submit to the board for prior review and approval instructions for the disbursement of matching funds, and shall ensure in writing that matching funds remain dedicated to the project until all disbursements have been made.

(c) A final report detailing each disbursement shall be provided to the board within sixty (60) days of the final disbursement.

History

• RELATES TO: KRS 45.450, 146.550-146.570, 382.800-382.860
• STATUTORY AUTHORITY: KRS 146.560(2), 146.565
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.560(2) requires the board to promulgate administrative regulations on acquisition of land. This administrative regulation governs the acquisition of land purchased, in whole or in part, with fund money.
• History: 21 Ky.R. 2854; eff. 7-12-1995; 25 Ky.R. 2944; 26 Ky.R. 594; eff. 9-8-1999; TAm eff. 8-9-2007; 39 Ky.R. 850; 1200; 1395; eff. 2-1-2013; 40 Ky.R. 127; 592; 803; eff. 10-3-2013; 45 Ky.R. 1809, 2661; eff. 4-5-2019; Crt to Am 3-25-2026.

418 KAR 1:060 Management {#sec-418-kar-1-060 omnilex-key=us-ky-regs-official--title-418--418 KAR 1:060}

Section 1. Purpose. Each recipient of fund money shall maintain in perpetuity for the purposes established in KRS 146.560 land acquired with fund money. Management practices shall also meet the requirements of KRS 146.550 through 146.570, 418 KAR Chapter 1, any other applicable laws of the Commonwealth, the application, any memorandum of agreement between the board and the recipient of fund money, any conservation easement or land use restrictions pertaining to the project site, and the most recent RMP approved by the board.

Section 2. Preliminary RMP. An applicant for fund money shall submit to the board a preliminary RMP simultaneously with an application submitted pursuant to 418 KAR 1:040. The applicant shall follow the preliminary RMP instructions incorporated by reference in 418 KAR 1:040, Section 4 as HL-1B and HL-1C.

Section 3. Final RMP.

(1) A recipient of fund money shall submit to the board, within two and one-half (2 1/2) years of receipt of funding, a final RMP that shall be consistent with the preliminary RMP and application, and that complies with requirements of KRS 146.550 through 146.570, 418 KAR Chapter 1, any memorandum of agreement between the board and the recipient, and any conservation easement, deed restriction, or articles of dedication pertaining to the project site. The applicant shall follow the final RMP instructions, Forms HL-2A and HL-2B.

(2) The applicant shall develop the final RMP using the findings contained in biological and archeological inventories. The board may grant an exception to the inventory requirements if the applicant demonstrates that either inventory would be nonproductive considering the conditions at the project site.

(3) The board shall vote to accept or reject the final RMP. If it is rejected, the board shall identify the deficiencies and notify the applicant of those deficiencies. The applicant shall correct these deficiencies within sixty (60) days of notification from the board or other time deadline approved by the board.

Section 4. Land acquired, in whole or in part, with money from the fund shall be managed in accordance with the requirements of KRS 146.550 through 146.570, the most recent RMP approved by the board, any conservation easement or deed restriction pertaining to the site, any articles of dedication pertaining to the project site, and 418 KAR Chapter 1.

Section 5. Amendment of RMPs. RMPs may be amended only upon prior written board approval. Until board approval of an amendment is obtained, the recipient of fund money shall adhere to the most recent RMP approved by the board.

Section 6. Management Agreements. A recipient of fund money may, with prior written board approval upon determination that the third party has the experience and resources to implement the RMP approved for the project site, enter into agreements with third parties for management of land. Despite the terms of any management agreement, the recipient of fund money shall retain full responsibility for management of the land in accordance with the requirements of KRS 146.550 through 146.570, 418 KAR Chapter 1, any memorandum of agreement between the board and the recipient, any conservation easement or deed restriction pertaining to the project site, any articles of dedication pertaining to the project site, and the most recent RMP approved by the board.

Section 7. Time Limits. Money initially approved by the board for management shall be expended within two and one-half (2 1/2) years of the board's approval of the Final RMP. An extension may, upon determination that an extension request would facilitate implementation of the RMP approved for the project site, be granted by the board upon receipt of a written request for extension, including an explanation of and reason for the request.

Section 8. Application for Additional Management Funds.

(1) The board may grant written requests for additional management money.

(2) The board shall consider the following factors in its evaluation of requests for additional management money:

(a) The applicant's past management record;

(b) The applicant's need for additional management funds; and

(c) Funds available.

Section 9. Joint RMPs. Applicants may submit joint RMPs that specify which entity shall perform each aspect of management. Each applicant shall remain responsible for all aspects of management.

Section 10. Reports.

(1) Recipients of fund money shall submit to the board Annual Management Reports using Form HL-2C detailing:

(a) The status of the project;

(b) The applicant's compliance with the most recent RMP approved by the board; and

(c) The status of any final RMP that has yet to be submitted to, or approved by, the board.

(2) Management reports shall be submitted annually on or before the date of the third board meeting of the year.

Section 11. Verification. Recipients of fund money shall provide to the board, along with their annual report, verification of money expended on land management upon the request of the board through the office.

Section 12. Transfer or Encumbrance of Land. Recipients of fund money shall not, without prior board approval, sell, give, devise, or otherwise convey or encumber land acquired, in whole or in part, with fund money. The board may approve land transfer to or encumbrance by any entity eligible for funding pursuant to KRS 146.570 or a federal land conservation agency. Transfer of encumbered land shall be managed in accordance with these administrative regulations, any articles of dedication pertaining to the project site, deed restrictions, any conservation easement, and the most recent RMP approved by the board.

Section 13. Identification. The project site shall be identified by one (1) or more signs, and literature or advertising, where appropriate, shall also identify the site as having been purchased with money from the fund.

Section 14. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Final Resource Management Plan Instructions", HL-2A, July 2018;

(b) "Final Resource Management Plan", HL-2B, July 2012; and

(c) "Annual Management Report", HL-2C, July 2018.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the office of the Kentucky Heritage Land Conservation Fund, 300 Sower Blvd, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. through 4:30 p.m.

History

• RELATES TO: KRS 146.550-146.570
• STATUTORY AUTHORITY: KRS 146.560(2), 146.565
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.560(2) requires the board to promulgate administrative regulations necessary for the application for funds from agencies established in KRS 146.570, and review and approve of projects and grants. This administrative regulation establishes the procedures for management of land acquired with fund money.
• History: 21 Ky.R. 2856; eff. 7-12-1995; 25 Ky.R. 2946; 26 Ky.R. 595; eff. 9-8-1999; TAm eff. 8-9-2007; 39 Ky.R. 852; 1201; 1395; eff. 2-1-2013; 45 Ky.R. 1811, 2661; eff. 4-5-2019; Crt eff. 3-25-2026.

418 KAR 1:070 Remedies {#sec-418-kar-1-070 omnilex-key=us-ky-regs-official--title-418--418 KAR 1:070}

Section 1. Forfeiture of Funds.

(1)

(a) Except as established in paragraph (b) of this subsection, funds approved by the board pursuant to KRS 146.570(4)(f) for land acquisition which, within two (2) years of board approval, are not expended on acquisition of approved land shall revert to the fund.

(b) The board may grant an extension upon receipt of a written request if all terms of the MOA or written agreement for the project site have been met by the applicant.

(2)

(a) Except as established in paragraph (b) of this subsection, funds initially approved by the board for management pursuant to KRS 146.570(4)(f) which, within two and one-half (2 1/2) years of receipt of funds from the board, are not expended on management of approved land shall revert to the fund unless otherwise approved by the board to implement continued management activities under the approved management plan for the project site.

(b) The board may grant an extension upon receipt of a written request.

Section 2. Forfeiture of Land.

(1) Land acquired with fund money shall be subject to forfeiture. The board may initiate legal proceedings for forfeiture for:

(a) Failure to maintain and manage land acquired with fund proceeds for the purposes established in KRS 146.560(2)(a)-(d);

(b) Violation of a memorandum of agreement between the board and the recipient of fund money;

(c) Violation of the terms of a conservation easement pertaining to land purchased, in whole or in part, with fund proceeds;

(d) Falsification of information or inaccurate information in the grant application;

(e) Failure to provide, within ninety (90) days of acquisition, verification of land acquisition and money expended for acquisition;

(f) Falsification of information or inaccurate information in the preliminary or final RMP;

(g) Failure to adhere to, or implement, the most recent RMP that has received board approval;

(h) Failure to submit a final RMP to the board within two and one-half (2 1/2) years of receipt of funds from the board;

(i) Expenditure of fund money on anything other than items that have received prior board approval;

(j) Failure to provide verification of money expended on management of the land, unless the recipient has requested and received an extension of time. The board may, upon evidence that funds have been allocated to implenent management activities under the approved management plan for the project site, grant an extension upon receipt of a written request;

(k) Failure to submit reports to the board pursuant to 418 KAR 1:060, Section 10;

(l) An attempt to transfer land in violation of 418 KAR 1:060, Section 12; or

(m) Dissolution of the recipient entity.

(2) Land forfeited pursuant to this administrative regulation shall be transferred to an appropriate land management entity, as designated by the board. Forfeited land shall continue to be managed in accordance with 418 KAR 1:060, Section 1.

Section 3. Remedies. The board may utilize all remedies available to it by law, including an injunction and restraining order to enforce the provisions of KRS 146.550 through 146.570, 418 KAR Chapter 1, and any other applicable laws of the Commonwealth of Kentucky; any application submitted to the board; any memorandum of agreement between the board and a recipient of fund money; any conservation easement or deed restriction, or articles of dedication pertaining to land purchased, in whole or in part, with fund money; and any RMP approved by the board.

History

• RELATES TO: KRS 146.550-146.570
• STATUTORY AUTHORITY: KRS 146.560(2), 146.565
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.560(2) requires the board to promulgate administrative regulations necessary for the application for funds from agencies established in KRS 146.570, review and approval of projects and grants, and acquisition of land. This administrative regulation establishes the requirements for maintaining land acquired with fund money and enables the board to ensure that fund money is used for acquisition and management, in accordance with KRS 146.560.
• History: 21 Ky.R. 2859; 22 Ky.R. 96; eff. 7-12-1995; 25 Ky.R. 2948; 26 Ky.R. 597; eff. 9-8-1999; 39 Ky.R. 854; 1397; eff. 2-1-2013; 45 Ky.R. 1813, 2662; eff. 4-5-2019; Crt eff. 3-25-2026.