146.210 Definitions used in KRS 146.210 to 146.360. - Kentucky Statutes

Download pdf

Loading PDF...

146.210 Definitions used in KRS 146.210 to 146.360. As used in KRS 146.210 to 146.360, the words listed herein shall have the following
respective meanings, unless another or different meaning or intent shall be clearly
indicated by the context:
(1) "Stream or watercourse" shall mean a flowing body of water or a section or portion thereof, including rivers, streams, and creeks. (2) "Free flowing" shall mean existing or flowing in a natural condition without impoundment, diversion, straightening, riprapping, or other modification of the
waterway. The existence, however, of low dams, diversion works, and other minor
structures at the time any stream is proposed for inclusion in the Wild Rivers
System shall not automatically bar its consideration for such inclusion; provided,
that this shall not be construed to authorize or to be intended to encourage future
construction of such structures within components of the Wild Rivers System. (3) "Road" shall mean a highway, a hard-surfaced road, or an improved or unimproved dirt road. The existence, however, of unimproved roads at the time any stream is
proposed for inclusion in the Wild Rivers System shall not automatically bar its
consideration for such inclusion; provided, that this shall not be construed to
authorize or to be intended to encourage future construction of such roads where
this would be contrary to the provisions of KRS 146.200 to 146.360. (4) "Wilderness type recreation" shall mean activities such as fishing, hunting, canoeing, camping, hiking, horseback riding, exploring, archaeological and
scientific investigation, and scenic and aesthetic enjoyment, which utilizes and
protects to the highest degree the primitive and natural values of the area. (5) "Visual horizon" shall mean the normal distance to which land and vegetative features can be unobstructedly viewed from the center of the stream. (6) "Access point" shall mean an area along the stream under public ownership, or under easement acquired by agreement with a private landowner. This area would
be available for public recreational use including, but not limited to, the launching
of boats, picnicking, and camping. (7) "Secretary" shall mean the secretary for energy and environment or the successor to that office. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 123, effective July 15, 2010. -- Amended 1976 Ky. Acts ch. 197, sec. 1. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(9).
-- Created 1972 Ky. Acts ch. 117, sec. 2.