Title XV — Roads, Waterways, and Aviation
Includes enactments through the 2026 Regular Session.
The KRS database was last updated on 2026-08-31.
Title XV Roads, Waterways, and Aviation
Chapter 182 Waterways and Milldams
182.010 Streams not to be obstructed -- Exceptions.
(1) No person shall place a dam or other obstruction below ten (10) miles from the head of a stream which is navigable for the running of push boats, or the floating of sawlogs, staves or ties. The owner shall remove any such existing dam or obstruction which has not been erected in accordance with the statutes.
(2) This section shall not apply to dams constructed in streams for the purpose of generating, by water power, electricity for distribution and sale.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1392b.
182.020 Wharves, piers and bulkheads on private land -- Abatement.
(1) Any person owning land upon a watercourse may erect a wharf on his land, or a pier or bulkhead in the watercourse opposite his land, but he must not obstruct navigation nor injure the private rights of any person in doing so.
(2) If the Circuit Court of the county in which the wharf, pier or bulkhead is located, believes that the wharf, pier or bulkhead obstructs navigation or encroaches on any public landing so as to prevent the free use thereof, the court may abate it.
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 169, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4323.
182.030 Repealed, 1978.
[Repealed]
182.040 Repealed, 1978.
[Repealed]
182.050 Repealed, 1978.
[Repealed]
182.060 Repealed, 1978.
[Repealed]
182.070 Repealed, 1978.
[Repealed]
182.080 Repealed, 1978.
[Repealed]
182.090 Repealed, 1978.
[Repealed]
182.100 Repealed, 1978.
[Repealed]
182.110 Repealed, 1978.
[Repealed]
182.120 Repealed, 1978.
[Repealed]
182.130 Fiscal courts may indemnify United States for damage caused by federal improvements.
The fiscal court of any county through which any river passes, or which borders upon any river, may indemnify the United States against any claims for damages, and any damage, that may result by overflow of the river from its being improved by the United States. The fiscal court shall act by order entered upon its record books at any regular term or at any special term called for that purpose. The fiscal court may appropriate out of the county treasury necessary money to comply with the requirements of this section.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2376f-1.
182.140 Watercraft used as residence to be licensed.
No person shall reside upon any watercraft, except steam vessels, upon any navigable watercourse within this state without first obtaining from the county clerk, of the county in which his business or residence is to be carried on, a license for each family. The license shall only be granted upon satisfactory proof of the good character of the applicant, and the payment of a license fee of five dollars ($5) and the clerk's fees for making out the license. The license shall be good for one (1) year from the date thereof.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 182, 185, 186.
182.150 Form of license -- Boat to be identified.
The license shall describe the kind of watercraft, the nature of the business or residence to be carried on therein, and the points at which or between which the craft may lie or ply. On the side of each boat shall be painted, in large letters, the name of the applicant, the home of the boat, and the date of the expiration of the license.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 183.
182.160 County clerk to keep record -- Clerk's fees.
The clerk granting the license shall keep a record showing the name of the licensee, the date of the license and when it will expire, and the business or residence authorized. The clerk shall be allowed to charge a fee of two dollars fifty cents ($2.50), to be paid by the applicant.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 184.
182.170 Repealed, 1978.
[Repealed]
182.180 Repealed, 1978.
[Repealed]
182.190 Repealed, 1978.
[Repealed]
182.200 Owner of condemned land may build fences -- Restrictions.
The owner or person in possession of the condemned land through which a canal may be cut, may cross it with such fencing, water gates and bridging as are necessary and will not prevent the flow of water through the canal.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2715.
182.210 Person acquiring leave for mill or factory not to disturb existing rights.
No person shall, by reason of leave to build a mill or factory, draw the water from the millpond of another existing at the time of the condemnation, or do anything injurious to a vested interest in any waterworks then existing on the watercourse.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2716.
182.220 Period in which work must be begun -- Effect of failure.
(1) If the applicant does not begin the proposed work in good faith within one (1) year from obtaining the leave, and within three (3) years so far finish it as to have the mill or factory in good condition for use, or if it is destroyed and made unfit for use, and the rebuilding or repair thereof be not so begun within a year, and finished within three (3) years from the time of such destruction or getting out of repair, the title to the land so obtained under the condemnation shall revert to the former owner, his heirs or assigns, and all the privileges obtained under the leave shall cease, subject to subsection (2) of this section.
(2) If the owner of the mill and privileges is, at such time, an infant, imprisoned, or of unsound mind, he shall be allowed the same time after such disability is removed, if the time so excepted does not exceed seven (7) years.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2718.
182.230 Repealed, 1980.
[Repealed]
182.240 Circuit Court may revoke leave.
If the terms and conditions upon which the leave is granted are not substantially complied with by the applicant so that the public or any individual does or might receive detriment thereby, upon conviction thereof, under the presentment of a grand jury, the leave to build the dam shall be revoked, and the dam ordered to be abated by the Circuit Court.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2720.
182.300 Tennessee-Tombigbee Waterway Development Compact.
The Governor on behalf of the Commonwealth is authorized to execute a compact, in substantially the following form, with the other states that are parties to the compact; and the General Assembly, with the provision contained in KRS 182.310, signifies in advance its approval and ratification of the compact, which is as follows: ARTICLE I The purpose of this compact is to promote the development of a navigable waterway connecting the Tennessee and Tombigbee Rivers by way of the east fork of the Tombigbee River and Mackeys and Yellow Creeks so as to provide a nine (9) foot navigable channel from the junction of the Tombigbee and Warrior Rivers at Demopolis in the State of Alabama to the junction of Yellow Creek with the Tennessee River at Pickwick Pool in the State of Mississippi, and to establish a joint interstate authority to assist in these efforts. ARTICLE II This compact shall become effective immediately as to the states ratifying it whenever the States of Alabama and Mississippi have ratified it and Congress has given consent thereto. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states. ARTICLE III The states which are parties to this compact (hereinafter referred to as "party states") do hereby establish and create a joint agency which shall be known as the Tennessee- Tombigbee Waterway Development Authority (hereinafter referred to as the "authority"). The membership of which authority shall consist of the Governor of each party state and five (5) other citizens of each party state, to be appointed by the Governor thereof. Each appointive member of the authority shall be a citizen of that state who is interested in the promotion and development of waterways and water transportation. The appointive members of the authority shall serve for terms of four (4) years each. Vacancies on the authority shall be filled by appointment by the Governor for the unexpired portion of the
term. The members of the authority shall not be compensated, but each shall be entitled to actual expenses incurred in attending meetings, or incurred otherwise in the performance of his duties as a member of the authority. The members of the authority shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chairman and vice chairman from among their members, and the chairmanship shall rotate each year among the party states in order of their acceptance of this compact. The secretary of the authority (hereinafter provided for) shall notify each member in writing of all meetings of the authority in such a manner and under such rules and regulations as the authority may prescribe. The authority shall adopt rules and regulations for the transaction of its business; and the secretary shall keep a record of all its business, and shall furnish a copy thereof to each member of the authority. It shall be the duty of the authority, in general, to promote, encourage, and coordinate the efforts of the party states to secure the development of the Tennessee-Tombigbee Waterway. Toward this end, the authority shall have power to hold hearings; to conduct studies and surveys of all problems, benefits, and other matters associated with the development of the Tennessee-Tombigbee Waterway, and to make reports thereon; to acquire, by gift or otherwise, and hold and dispose of such money and property as may be provided for the proper performance of their function; to cooperate with other public or private groups, whether local, state, regional, or national, having an interest in waterways development; to formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate officers and agencies of the United States; and to exercise such other powers as may be appropriate to enable it to accomplish its functions and duties in connection with the development of the Tennessee- Tombigbee Waterway and to carry out the purposes of this compact. ARTICLE IV The authority shall appoint a secretary, who shall be a person familiar with the nature, procedures, and significance of inland waterways development and the informational, educational, and publicity methods of stimulating general interest in such developments, and who shall be the compact administrator. His term of office shall be at the pleasure of the authority and he shall receive such compensation as the authority shall prescribe. He shall maintain custody of the authority's books, records, and papers, which he shall keep at the office of the authority, and he shall perform all functions and duties, and exercise all powers and authorities, that may be delegated to him by the authority. ARTICLE V Each party state agrees that, when authorized by its legislature, it will from time to time make available and pay over to the authority such funds as may be required for the establishment and operation of the authority. The contribution of each party state shall be in the proportion that its population bears to the total population of the states which are parties hereto, as shown by the most recent official report of the United States Bureau of the Census, or upon such other basis as may be agreed upon. ARTICLE VI Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to authorize or permit curtailment or diminution of any other waterway project, or to affect any existing or future cooperative arrangement or relationship between any federal agency and a party state. ARTICLE VII This compact shall continue in force and remain binding upon each party state until the legislature or Governor of each or either state takes action to withdraw therefrom; provided that such withdrawal shall not become effective until six (6) months after the date of the action taken by the legislature or Governor. Notice of such action shall be given to the other party state or states by the Secretary of State of the party state which takes such action.
History: Created 1962 Ky. Acts ch. 265, sec. 1.
182.305 Lieutenant Governor to be member of board.
One (1) of the five (5) members of the Tennessee-Tombigbee Waterway Development Authority appointed by the Governor pursuant to Article III of the compact set forth in KRS 182.300 shall be the Lieutenant Governor.
Effective: July 15, 1980
History: Created 1980 Ky. Acts ch. 141, sec. 11, effective July 15, 1980.
182.310 Contributions not required.
In authorizing the Governor to execute the compact set out in KRS 182.300, the General Assembly understands that contributions under Article V of the compact will not be required from Kentucky, beyond the amount necessary to pay the expenses of Kentucky members of the authority established by the compact. If at any time a contribution beyond that amount should be required from Kentucky, then Kentucky's participation in the compact becomes subject to further consideration by the General Assembly.
History: Created 1962 Ky. Acts ch. 265, sec. 2.
182.320 Grant of powers.
With the provision contained in KRS 182.310, there is granted to the Governor, to the members of the authority for Kentucky, and to the compact administrator all the powers, provided for in the compact and in KRS 182.310 and 182.320. All officers of the Commonwealth are authorized and directed to do all things falling within their respective jurisdictions which are necessary or incidental to carrying out the purposes of the compact.
History: Created 1962 Ky. Acts ch. 265, sec. 3.
182.990 Penalties.
(1) Any person violating the provisions of KRS 182.010 shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500) for each offense.
(2) Any person violating the provisions of KRS 182.140 to 182.160, shall be fined not less than twenty-five ($25) nor more than one hundred dollars ($100) or imprisoned not less than five (5) nor more than twenty (20) days, or both.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 182, 1392b.