KRC Comments on Proposed Changes to Heritage Land Conservation Board Regulations

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KRC Comments on Proposed Changes to Heritage Land Conservation Board Regulations  Posted: October 24, 2012

Wednesday October 24, 2012

Michael Mullins
Regulation Coordinator
Department for Natural Resources
#2 Hudson Hollow
Frankfort, Kentucky 40601

By email only

Re: Proposed Amendments, 418 KAR 1:010 - 418 KAR 1:070

Dear Michael:

These comments are submitted on behalf of the Board and membership of the Kentucky Resources Council, Inc., concerning the proposed amendment to 418 KAR 1:010 through 418 KAR 1:070 that were published in the October Administrative Register of Kentucky for public review and comment.

After reviewing the proposed amendments, KRC offers these specific comments:

418 KAR 1:020

The proposed amendment to Section 66(3)(b)4 states that the conservation easement shall be ?held by the Commonwealth for the use and benefit of the board[.]”

Given the legislative finding in KRS 146.555 that “[t]he General Assembly hereby recognizes the benefit to the citizens of Kentucky of the acquisition and maintenance of certain lands for use as state parks, recreation areas, state forests, nature preserves, wildlife management areas, and wetlands[,]” and that it is “therefore, in the public interest to promote and fund the conservation of such areas[,]” it would seem that the language of the proposed amendment should be modified to reflect that the conservation easement will be “held by the Commonwealth 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.” The conservation easement should not be limited to the use and benefit of the Board, but for the intended beneficiaries of the acquisition and protection of the lands. The proposed amendment language limiting the use and benefit to the board, has the effect of limiting who may seek relief in the future if the properties are put to uses inconsistent with the governing statutes.

418 KAR 1:050

In Section 5, the reference to “KRS 145.570” should be “KRS 146.570.”

418 KAR 1:060

The removal of the required contents of the preliminary and final RMP from the regulation makes the process less transparent to the public, who must now take the additional step of locating and reviewing the incorporated forms in order to determine what criteria and content must be provided in the preliminary and final RMPs.

If the agency and the Board determine to go forward with this approach, two changes must be made. First, the reference to “418 KAR 1:040 Section 6, as HL-1(b) and (c)” must be corrected, since there is no Section 6 to 418 KAR 1:040. The proper reference should be to 418 KAR 1:040 Section 4(1)(b) and 4(1)(c).

The second change is that there must be a reference in 418 KAR 1:040 Section 4 to the edition date of the forms, in order to conform to KRS 13A.2251(1)(a) and to assure that the form content will not be altered after the adoption of the proposed amendment, without further regulatory action.

Thank you in advance for your consideration of these comments.



Tom FitzGerald
By Kentucky Resources Council on 10/24/2012 5:32 PM
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