Kentucky Revised Statutes

Ky. Rev. Stat. § 146.210 (2026)

Definitions used in KRS 146.210 to 146.360

✓ current as of May 2026

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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 of the Energy and Environment Cabinet or the successor to that office.

(8) "Office" shall mean the Office of Kentucky Nature Preserves. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 29, sec. 10, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 117, sec. 5, effective June 29, 2017. -- 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.

Notes of Decisions

Cited in 2 cases, 1984–2012 · leading case: Commonwealth, Nat. Resources & Env't Prot. Cabinet v. Stearns Coal & Lumber Co., 678 S.W.2d 378 (Ky. 1984).

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Commonwealth, Nat. Resources & Env't Prot. Cabinet v. Stearns Coal & Lumber Co., 678 S.W.2d 378 (Ky. 1984). · cites it 2× “In 1972, the Kentucky General Assembly enacted the Wild Rivers Act, which was codified as KRS 146.210 et seq. The acts included a part of the Big South Fork of the Cumberland River in McCreary County in the Wild Rivers system.”

Stathers v. Garrard Cnty. Bd. of Educ., 405 S.W.3d 473 (Ky. Ct. App. 2012). “In Stearns, the legislation at issue was the Kentucky Wild Rivers Act, codified at KRS 146.210, et seq. Under the legislation, the Department of Natural Resources enacted administrative regulations that included land owned by Stearns within the Wild Rivers system.”

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