400 KAR 2:090. Management, use, and protection of nature preserves.

400 KAR 2:090. Management, use, and protection of nature preserves.

RELATES TO: KRS 146.410, 146.440

STATUTORY AUTHORITY: KRS 146.465, 146.475, 146.485

NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.485 requires the commission to establish rules for the management, use, and protection of nature preserves. This administrative regulation sets forth rules to be applied to the management and use of all nature preserves, and to fulfill the purposes of KRS 146.440.

Section 1. Applicability. These rules shall apply to all nature preserves unless exceptions are set forth in the articles of dedication. The reasons for any exceptions shall be set forth in the records of the commission.

Section 2. Boundary Markers. (1) Nature preserves boundaries shall be made evident by posting boundary markers in a conspicuous manner, or as approved by the commission.

(2) Boundary fences and barriers may be installed as approved by the commission; such shall not be in a form that will create a detrimental effect on movement of wildlife or other natural objects.

Section 3. Intrusions. There shall be no intrusions of structures, easements, rights-of-way, or land uses which do not conform with these rules and with the purposes and definition of a nature preserve as specified in the Act, except as allowed by the articles of dedication.

Section 4. Emergency Situations. (1) Emergency situations shall be reported immediately to the director by the custodian of the nature preserve.

(2) Emergency situations that require immediate action to prevent injury to persons or damage to property, as determined by the director or the commission, shall be handled in such a manner as to cause minimal damage to natural conditions.

Section 5. Access Lanes. Vehicular access lanes shall be installed and maintained within a nature preserve only where essential for patrol, fire control, or other management or research activities and shall be in accordance with plans approved by the commission. Such lanes shall be closed to all except service vehicles. They shall provide a single track, and clearing shall not extend more than seven (7) feet on each side of the center of the lane. Service vehicles only shall be used on such designated access lanes except in emergency situations.

Section 6. Fire Control. (1) When boundary firebreaks are needed, they shall be constructed in a buffer area outside the nature preserve if possible. Firebreaks within a nature preserve shall be kept to a minimum and shall be constructed only in accordance with plans approved by the commission. Temporary firebreaks, made by mowing, raking, or wetting, may be used in conjunction with a managed burn.

(2) All wildfires shall be brought under control as quickly as possible. After a fire within a nature preserve, there shall be no cleanup, fire hazard reduction, or replanting except with the approval of the commission. Approval shall be based upon health and safety considerations, or the need for restoration.

(3) Prescribed burning may be undertaken as approved by the commission. A written plan shall be prepared for each prescribed burn. Approval may be given if the prescribed burning plan is in compliance with this section. Fire shall be kept away from fences and other structures that may be damaged. Burning shall not be done under conditions more hazardous than specified in the prescribed burn plan. No firefighting chemicals that are known to cause damage to or alteration of natural conditions shall be used. Use of equipment and vehicles shall be specified in the prescribed burn plan. No equipment or vehicles that would cause damage or alteration to the natural features of the nature preserve shall be used.

Section 7. Trails. (1) A trail system shall conform to the objectives of the nature preserve. Trails shall be designed so as to affect only part of the nature preserve and to have minimal impact on natural features. Trails shall be designed to have no significant impact on species of animals or plants monitored by the commission.

(2) Location and form of any trails other than natural wildlife paths shall be approved by the commission. Trails shall be adequate to provide for permitted use of a nature preserve and to prevent erosion, trampling of vegetation, and other deterioration, but otherwise shall be kept to a minimum. Use of paving materials, footbridges, and elevated walks is permissible when provided for in the trail plan approved by the commission. Synthetic materials, painted or chemically treated wood, or stone or earth materials from outside the nature preserve may be used in trail construction only as specified by the commission.

(3) No species of animals or plants monitored by the commission shall be removed, damaged, or altered in trail construction or maintenance.

Section 8. Other Structures and Improvements. Necessary signs, information booths, trash receptacles, and minor structures required to house research instruments or hand tools are permitted within nature preserves if specifically approved by the commission or by permission of the commission for research activities. All other structures and service facilities shall be located in service areas. Signs and structures shall be approved by the commission.

Section 9. Service Areas. Service areas may be established within nature preserves to provide access and parking, management facilities, and visitor facilities. Provision for necessary service areas may be included in the articles of dedication or as approved on a case specific basis by the commission.

Section 10. Scenic and Landscape Management. (1) No measures shall be taken to alter natural growth or features for the purpose of enhancing the beauty, neatness, or amenities of a nature preserve. There shall be no cutting of grass, brush, or other vegetation, thinning of trees, removal of dead wood, opening of scenic vistas, or planting, except as approved by the commission.

(2) Installation of guard rails, fences, steps, and other devices necessary for visitor safety may be approved by the commission. Dead trees or branches that constitute a safety hazard to persons on trails or in other authorized use areas may be felled or cleared.

(3) Except as provided in the articles of dedication or as approved by the commission, there shall be no removal or consumptive use of any material, product, or object from a nature preserve and there shall be no introduction of any material, product, or object to a nature preserve. Prohibited activities include, but are not limited to, grazing by domestic animals; farming; gathering of firewood or other plant products; mining or quarrying; and dumping, burying or spreading of garbage, trash or other materials.

(4) As approved by the commission, artifacts may be removed or demolished as follows:

(a) Old interior fences may be removed, giving consideration to leaving posts to mark boundaries between former land uses;

(b) Rubbish may be removed; and

Section 11. Water Level Control. Natural water levels shall not be altered. Water levels which have been altered by man may be changed if identified as being essential for the maintenance and restoration of natural conditions.

Section 12. Erosion Control. Erosion and soil deposition due to past or present disturbance by man or natural conditions within or outside of a nature preserve may be controlled as approved by the commission.

Section 13. Management of Animals and Plants (1) Control of plant succession.

(a) Control of plant succession by deliberate manipulation may be undertaken if preservation or restoration of a particular vegetation type or preservation of a species of animals or plants monitored by the commission is designated an objective of the nature preserve by the commission.

(b) Plant succession control measures may be undertaken in such a manner as approved by the commission.

1. Plant species not native to the site or vicinity may be eliminated by cutting, girdling, grubbing, or basal or spot foliar application of specified herbicide;

2. The time of burning during the year, the frequency of burning, and the fractional amount of the area that may be burned each year shall be specified;

3. Invading native woody species may be eliminated or controlled by cutting, girdling, grubbing, or basal application of specified herbicide.

(d) The use of herbicides may be specified by the commission.

(2) Control of noxious species.

(a) Species of plants and animals which are noxious in fact shall be controlled only if they are determined by the commission to be jeopardizing the natural integrity of the nature preserve.

(b) Except for removal from trails, access lanes, and firebreaks as approved by the commission, there shall be no control of native plants which are not noxious but may otherwise appear undesirable.

(c) There shall be no control of predators, rodents, insects, snakes, or other animals except as approved by the commission, even though they may appear harmful or undesirable.

(d) There shall be no use of pesticides except as approved by the commission.

(3) Control of exotic species.

(a) Control of exotic plants and animals may be undertaken in a manner approved by the commission. There may be no attempt to eradicate exotic species that have become a stable part of the biotic community unless this can be accomplished without disturbance of natural conditions.

(b) Control of exotic plants may be undertaken by control of plant succession as provided in this administrative regulation or by management practices allowed in this administrative regulation.

(4) Any measures for population control of any species to be applied must be provided for in a written plan approved by the commission. Except as provided in the articles of dedication or approved by the commission, control measures shall be undertaken only by the commission staff or others approved by the commission.

(5) Management of species of plants and animals monitored by the commission and species of management concern.

(a) Habitat manipulations and protective measures in favor of particular species shall be undertaken only as approved by the commission. Approval shall be based upon a finding by the commission that describes the proposed activities and addresses species life history, habitat requirements of the species, characteristics and objectives of the preserve and other relevant information.

(b) Control of plant succession in favor of particular species shall be as provided in this administrative regulation.

(6) Introduction of plants and animals. No plants or animals or their reproductive bodies shall be brought into a nature preserve or moved from one (1) place to another within a preserve except with approval of the commission.

Section 14. Use Tolerance. Human use of a nature preserve shall be allowed only to such extent and in such manner as will not impair natural conditions. The articles of dedication may specify the controls and restrictions to be placed on access and use. The commission as owner, or the landowner and the commission upon agreement, may further restrict access and use as necessary to protect the nature preserve.

Section 15. Character of Visitor Activity. (1) Visitor activity shall be regulated to prevent disturbance of a nature preserve beyond what it can tolerate without permanent deterioration. Visitors without permits for research or educational activities shall be restricted to trails and areas open to off-trail use and may be otherwise restricted in movement. Persons wishing to traverse a nature preserve elsewhere than on trails or other areas open to visitation shall obtain permission from the commission.

(2) Public use shall be in accordance with the articles of dedication of the preserve, and such rules as may be approved by the commission for a nature preserve.

(3) Hunting, fishing, and trapping shall not be allowed unless provided for in the articles of dedication for the nature preserve and shall be subject to restrictions approved by the commission. Additional rules, administrative regulations, or restrictions may be adopted by the commission on a preserve basis to ensure that the preserve is protected adequately from an inappropriate overbalance of game species or impending disease problems of game or nongame species.

(4) Visitors shall not bring pets into a nature preserve, except as allowed pursuant to permission to hunt in a nature preserve.

(5) Deadly weapons shall not be carried by visitors to a nature preserve except as allowed pursuant to permission to hunt in a nature preserve.

Section 16. Access Control. (1) Ingress and egress shall be allowed only at such locations and under such conditions as may be specified by the commission.

(2) The owner, custodian, and commission have the authority to further limit access as may be necessary for protection and proper management of the nature preserve.

Section 17. Orientation and Guidance of Visitors. Orientation and guidance of visitors shall be in accordance with the articles of dedication, and as approved by the commission. Interpretive signs, structures or labels shall be approved by the commission.

Section 18. Permission for Research or Educational Activities. (1) A person wishing to engage in research or educational activities on a nature preserve not otherwise permitted by these rules or by the articles of dedication for the nature preserve shall secure permission of the commission. If the activities are to be carried on by a group, permission may be issued to the group leader who shall be responsible for the actions of the group.

(2) Permission is required for educational use of a preserve only if activities are to include collecting or activities other than walking and observation.

(3) The application for permission shall be on a form prescribed by the commission. It shall include the name, address, position, professional qualifications, and general field of interest of the applicant and a description of the proposed activities including the objective, methods and procedures to be followed, records to be kept, duration of the project areas to be visited, frequency and length of visits, and detailed description of disturbances to be made. If collecting is to be done it shall be in accordance with this administrative regulation. Information shall be provided on the species or objects to be taken, number of specimens, method of taking, and disposition of specimens. The commission shall provide permission application forms to persons requesting them.

(4) The permission may contain specific provisions and restrictions. Permission may be modified, suspended, or revoked by the commission for violations of the conditions of permission, this section, or based upon a determination of the commission that the activity jeopardizes the nature preserve. Each holder of permission shall submit to the commission an annual report in such form as may be prescribed by the commission. Permission for an activity of no more than the calendar year expires on December 31 of that year. Permission for an activity of longer than one (1) year may be extended annually upon submission of an annual report.

Section 19. Collecting on Nature Preserves. (1) Persons wishing to collect scientific specimens for deposition in a permanent institutional collection available to the public or for purposes of an approved research project may do so pursuant to terms of permission as specified in this administrative regulation.

(2) Permission may restrict the collecting of certain species or specimens. There shall be no collecting of material for classroom or laboratory observation and study or mass collecting by class groups. Exceptions may be provided in the articles of dedication of the nature preserve, or as set forth by the commission.

Section 20. Record. A record shall be kept for each nature preserve. One (1) copy shall be held by the commission at its Frankfort office. The record shall include annual reports of the custodian and all other pertinent documentary material, studies, reports, and descriptions of significant events. Responsibility for assembling the record shall be with the commission director, in conjunction with the custodian of the nature preserve. (13 Ky.R. 1322; eff. 2-10-87.)