Kentucky Revised Statutes

Ky. Rev. Stat. § 350.405 (2026)

Restoration of land

✓ current as of May 2026
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The permittee or person shall restore the land affected to a condition capable of supporting the uses which it was capable of supporting prior to any mining, or higher or better uses of which there is reasonable likelihood, so long as the use or uses do not present any actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or pollution, and the permit applicant's declared proposed land use following reclamation is not deemed to be impractical or unreasonable, inconsistent with applicable land use policies and plans, involves unreasonable delay in implementation, or is violative of federal, state, or local law. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 429, sec. 23, effective July 14, 1992. -- Created 1978 Ky. Acts ch. 330, sec. 2, effective May 3, 1978.

Notes of Decisions
Cited in 1 case, 1997–1997 · leading case: Nat. Resources & Env't Prot. Cabinet v. Whitley Dev. Corp., 940 S.W.2d 904 (Ky. Ct. App. 1997).
Nat. Resources & Env't Prot. Cabinet v. Whitley Dev. Corp., 940 S.W.2d 904 (Ky. Ct. App. 1997). “158, and KRS 350.405. More specifically, KRS 350.130(1) provides that a permittee’s bond may be forfeited if a reclamation violation is not abated, while KRS 350.”
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