Kentucky Revised Statutes

Ky. Rev. Stat. § 100.361 (2026)

Construction of chapter

✓ current as of May 2026

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(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.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1987–2024 · leading case: Edelen v. Cnty. of Nelson, 723 S.W.2d 887 (Ky. Ct. App. 1987).

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Edelen v. Cnty. of Nelson, 723 S.W.2d 887 (Ky. Ct. App. 1987). · cites it 18× “The issues presented in this appeal turn on interpretation of KRS 100.361(2). The circuit court determined that the statute did not require public hearings on a proposed jail site and that a county is immune from local zoning regulations.”

City of Worthington Hills v. Worthington Fire Prot. Dist., 140 S.W.3d 584 (Ky. Ct. App. 2004). · cites it 5× “In construing KRS Chapter 100, we are aided by KRS 100.361(2) which reads: Nothing in this chapter shall impair the sovereignty of the Commonwealth of Kentucky over its political subdivisions.”

Presbyterian Child Welfare Agency of Buckhorn, Kentucky, Inc. v. Nelson Cnty. Bd. of Adjustment, 185 F. Supp. 2d 716 (W.D. Ky. 2001). · cites it 13× “Being otherwise sufficiently advised, IT IS HEREBY ORDERED that as to Plaintiffs motion for summary judgment as to its claim under KRS 100.361 is DENIED. Defendants’ motion to dismiss that claim is SUSTAINED and Plaintiffs KRS 100.”

City of Louisville Bd. of Zoning Adjustment v. Gailor, 920 S.W.2d 887 (Ky. Ct. App. 1996). · cites it 3× “KRS 100.361(2) provides: Any proposal affecting land use by any .”

Statewide Dev. Co. v. Lexington Fayette Urban Cnty. Gov't, 821 S.W.2d 97 (Ky. Ct. App. 1991). · cites it 3× “KRS 100.361 exempts local governing bodies from planning commission approval.”

Hopkinsville-Christian Cnty. Plan. Comm'n v. Christian Cnty. Bd. of Educ., 903 S.W.2d 531 (Ky. Ct. App. 1995). · cites it 5× “The school board, however, indicated that it might voluntarily comply with a recommendation of the planning commission, but that by reason of KRS 100.361(2) it was not bound to do so.”

21st Century Dev. Co., LLC v. Watts, 958 S.W.2d 25 (Ky. Ct. App. 1997). “See *28 KRS 100.361(2) and City of Louisville Board of Zoning Adjustment v.”

Friends of Louisville Pub. Art, LLC v. louisville/jefferson Cnty. Metro Historic Landmarks & Pres. Districts Comm'n (Ky. Ct. App. 2024). “203(1)(e); and that KRS 100.361(2) is therefore dispositive regarding its sovereign immunity because it provides in relevant part that “Nothing in this chapter shall impair the sovereignty of the Commonwealth of Kentucky over its political subdivisions.”

— Ky. Rev. Stat. § 100.361(2) — 8 cases

Edelen v. Cnty. of Nelson, 723 S.W.2d 887 (Ky. Ct. App. 1987). “The issues presented in this appeal turn on interpretation of KRS 100.361(2). The circuit court determined that the statute did not require public hearings on a proposed jail site and that a county is immune from local zoning regulations.”

City of Worthington Hills v. Worthington Fire Prot. Dist., 140 S.W.3d 584 (Ky. Ct. App. 2004). “In construing KRS Chapter 100, we are aided by KRS 100.361(2) which reads: Nothing in this chapter shall impair the sovereignty of the Commonwealth of Kentucky over its political subdivisions.”

Presbyterian Child Welfare Agency of Buckhorn, Kentucky, Inc. v. Nelson Cnty. Bd. of Adjustment, 185 F. Supp. 2d 716 (W.D. Ky. 2001). “Being otherwise sufficiently advised, IT IS HEREBY ORDERED that as to Plaintiffs motion for summary judgment as to its claim under KRS 100.361 is DENIED. Defendants’ motion to dismiss that claim is SUSTAINED and Plaintiffs KRS 100.”

City of Louisville Bd. of Zoning Adjustment v. Gailor, 920 S.W.2d 887 (Ky. Ct. App. 1996). “KRS 100.361(2) provides: Any proposal affecting land use by any .”

Hopkinsville-Christian Cnty. Plan. Comm'n v. Christian Cnty. Bd. of Educ., 903 S.W.2d 531 (Ky. Ct. App. 1995). “The school board, however, indicated that it might voluntarily comply with a recommendation of the planning commission, but that by reason of KRS 100.361(2) it was not bound to do so.”

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