418 KAR 1:010. Definitions for 418 KAR Chapter 1.

      RELATES TO: KRS 146.415(1), 146.550-146.570, 446.010(18)

      STATUTORY AUTHORITY: KRS Chapter 13A, 146.550-146.570

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.560(2) directs the board to promulgate, in accordance with the provisions of KRS Chapter 13A, administrative regulations deemed necessary for application for funds from the agencies identified in KRS 146.570, review and approval of proposed projects, and review and approval of grants. It also directs the board to promulgate administrative regulations on acquisition. The purpose of this administrative regulation is to define terms used in 418 KAR Chapter 1.

      Section 1. Definitions for 418 KAR Chapter 1. The following definitions shall apply to 418 KAR Chapter 1:

      (1) "Access land" means land necessary for reasonable and planned ingress and egress from the project site.

      (2) "Acquisition" means the procurement of land and includes options, required carrying costs and relocation assistance, appraisals, maps, surveys, studies, title opinions, title insurance and environmental audits, inspections and remediation.

      (3) "Areas important to migratory birds" means those areas important to the reproduction and survival of migratory birds, including, but not limited to:

      (a) Large tracts of contiguous forest;

      (b) Wooded greenspace areas;

      (c) Shallow open water habitats with expansive areas of shoreline; and

      (d) Wetlands or wetland complexes including marshes, deep water sloughs, and swamps.

      (4) "Board" means the Kentucky Heritage Land Conservation Fund Board.

      (5) "Buffer land" means land that will aid in protecting the project site from harm, or will prevent degradation of the visitor experience at the project site.

      (6) "Carrying costs" include, but are not limited to, interest on borrowed money, reasonable management costs consistent with the preliminary RMP and incurred while land is being held pending sale, and reimbursement of reasonable overhead costs not to exceed three (3) percent of the sale price.

      (7) "Chair" means the chairperson of the Kentucky Heritage Land Conservation Fund Board.

      (8) "Fund" means the Kentucky Heritage Land Conservation Fund.

      (9) "Grant" means an award of money from the Kentucky Heritage Land Conservation Fund pursuant to KRS 146.570(f).

      (10) "Greenspace" means undeveloped land in or around urban areas, including, but not limited to, forests and other natural vegetation, stream-side corridors, natural areas, and abandoned rights-of-way.

      (11) "Land" - the definition of "land" is governed by KRS 446.010(18).

      (12) "Local governments" means local government entities, including, but not limited to, county governments, municipalities, school districts, and special districts, or a combination thereof.

      (13) "Management" means the stewardship necessary to fulfill the purposes of KRS 146.550 through 146.570 and 418 KAR Chapter 1 and encompasses the initial site development costs and reasonable operating costs including, but not limited to, consultant and contractor fees, facility development, supplies, materials, site-specific equipment and staff costs.

      (14) "Money" means money received from the Kentucky Heritage Land Conservation Fund.

      (15) "Natural area" - the definition of "natural area" is governed by KRS 146.415(1).

      (16) "Natural functions" means the interrelationships among the living and nonliving components of ecosystems and includes, but is not limited to, energy fixation and conversions; ecosystem productivity and biomass accumulation; cycling; storage, transport, release, and retention of water and other nutrients; food web relationships and dynamics; weathering; and development of substrates.

      (17) "Natural state" means the condition of any area which retains, has substantially reestablished, or is in the process of reestablishing, an indigenous ecosystem.

      (18) "Outdoor recreation" means activity on a subject property that does not cause meaningful harm to the property or its natural state, or hinder the heritage land conservation purposes of KRS 146.550 through 146.570.

      (19) "RMP" means resource management plan.

      (20) "Project" means land acquisition and management activities for the purposes set forth in KRS 146.550 through 146.570.

      (21) "State agency" means any department, program cabinet, institution, board, commission, office or agency of the Commonwealth of Kentucky.

      (22) "Tract" means, in the case of final RMPs, all parcels of land within a project boundary approved by the board, and, in the case of preliminary RMPs, all parcels of land within the project boundary included in the application to the board.

      (23) "USGS" means United States Geological Survey.

      (24) "Wetlands" - the definition of "wetlands" is governed by KRS 146.550(1). (21 Ky.R. 2845; Am. 22 Ky.R. 92; eff. 7-12-95.)