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KENTUCKY STATUTES AND CODES

100.361 Construction of chapter.

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100.361 Construction of chapter. (1) Nothing in this chapter shall apply or affect zoning regulations adopted pursuant to KRS Chapter 183. (2) Nothing in this chapter shall impair the sovereignty of the Commonwealth of Kentucky over its political subdivisions. Any proposal affecting land use by any
department, commission, board, authority, agency, or instrumentality of state
government shall not require approval of the local planning unit. However, adequate
information concerning the proposals shall be furnished to the planning commission
by the department, commission, board, authority, agency, or instrumentality of state
government. If the state proposes to acquire, construct, alter, or lease any land or
structure to be used as a penal institution or correctional facility, and the proposed
use is inconsistent with or contrary to local planning regulations or the
comprehensive plan for the area, the secretary of the Justice and Public Safety
Cabinet, or his or her designee, shall notify, in accordance with KRS 424.180, the
planning commission, the local governing body who has jurisdiction over the area
involved, and the general public of the state's proposals for the area, and he or she
shall hold a public hearing on the proposals within the area at least ninety (90) days
prior to commencing the acquisition, construction, alteration, or leasing. A final
report on the public hearing shall be submitted to the Governor and members of the
General Assembly within twenty-five (25) days of the public hearing, and prior to
commencing any construction, alteration, acquisition, or leasing of such property or
facilities. Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 157, effective June 26, 2007. -- Amended 1992 Ky. Acts ch. 211, sec. 15, effective July 14, 1992. -- Amended 1984 Ky. Acts
ch. 178, sec. 1, effective July 13, 1984. -- Created 1966 Ky. Acts ch. 172, sec. 89.

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