Ky. Rev. Stat. » Chapter 350
Kentucky Revised Statutes

Ky. Rev. Stat. § 350.025 (2026)

Provisions inconsistent with federal law unenforceable

✓ laws through the 2026 session (checked Sept. 2026)
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Any provision of this chapter which is set forth as inconsistent with the provisions of Public Law 95-87 by the Secretary of the Interior pursuant to Section 505(b) of that act shall be deemed superseded by federal law and shall thereafter be unenforceable by the Commonwealth of Kentucky. History: Created 1980 Ky. Acts ch. 209, sec. 5. Legislative Research Commission Note. The provisions of this section became operative on May 18, 1982, when the conditional approval granted by the United States Secretary of the Interior appeared in the Federal Register.

Notes of Decisions
Cited in 3 cases, 1988–1999 · leading case: Nat. Resources & Env't Prot. Cabinet v. Whitley Dev. Corp., 940 S.W.2d 904 (Ky. Ct. App. 1997).
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Nat. Resources & Env't Prot. Cabinet v. Whitley Dev. Corp., 940 S.W.2d 904 (Ky. Ct. App. 1997). “Moreover, as KRS 350.025 expressly provides that federal law shall be deemed to supersede any provision of KRS Chapter 350 which is inconsistent with the Federal Surface Mining Control and Reclamation Act of 1977, there can be no interpretation of KRS 350.”
Couch v. Nat. Resources & Env't Prot. Cabinet, 986 S.W.2d 158 (Ky. 1999). “; KRS 350.025; KRS 350.028(5). Indeed, in United States v.”
Payne v. Commonwealth, Nat. Resources & Env't Prot. Cabinet, 746 S.W.2d 90 (Ky. Ct. App. 1988). · cites it 2× “Furthermore, when Kentucky accepted primacy on May 18, 1982, KRS 350.025 (comment), it agreed that any civil or criminal penalty in the state program would be no less stringent than the provisions of the federal program.”
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