ForestProtection Laws

of Kentucky

Reprinted on recycled paperwith state funds.

The Energy and Environment Cabinet does not discriminate on thebasis of race, color, national origin, sex, age, religion, or disabilityand provides, on request, reasonable accommodations including auxiliary aids and services necessary to afford an individual with adisability an equal opportunity to participate in all services, programs, and activities. For more information, contact the Divisionof Forestry at (502) 564-4496 between 8 a.m. and 4:30 p.m. EST. Hearing- and speech-impaired persons can contact the agency by usingthe Kentucky Relay Service, a toll-free telecommunication device forthe deaf (TDD). For voice to TDD, call 1-800-648-6057. For TDD tovoice, call 1-800-648-6056.

Rev. 11/11

Energy and Environment CabinetKentucky Division of Forestry

http://forestry.ky.gov

INFORMATION COPYCONTAINS THAT PORTIONOF KRS 149 DEALING WITHFOREST FIRE PREVENTION

AND CONTROL

149.010 Division of Forestry Created 1Powers - Rules and Regula-tions

149.070 Counsel for Cabinet 2

149.080 Forest Wardens - Duties - 2Appointment - Deputies

149.083 Interference with Forestry 3Officer or Employee

149.090 Arrests - No Trespass 3Actions - Summoning Helpand Equipment

149.093 Citation or Ticket Given 5Violators in Lieu of Arrest

149.097 Rewards for Apprehension 5of Persons Setting Fires

149.160 Duties of Fire Wardens - 6Account of Expenses -Payment

INDEXPage

149.170 No Liability for Trespass 7

149.180 Collection of Costs of Fire 7Fighting From PersonResponsible for Fire -Disposition

149.360 Public Policy Declared 9

149.365 Definitions 9

149.370 Acts Creating Fire Hazards in 10Forest Prohibited

149.375 Setting Fire on Own Land 12Regulated

149.380 Setting Fire on Land Owned 13by Another, Prohibited

149.385 Wood, Saw or Processing 14Mills and Railroads,Regulation

149.390 Fires to Capture or Destroy 15Game Prohibited

149.395 Operation of Waste Manage- 15ment Facilities or Open DumpsRegulated

149.400 Fire Hazard Seasons - Fires 16Prohibited - Exceptions

149.401 City or County Ordinance 18Banning Open BurningDuring Fire Hazard Periods

149.405 Entry in Forest Lands During 19Drought - EmergencyProclamation, Notice

149.410 Commonwealth’s Attorney to 20Prosecute AbatementProceedings

149.415 Administration of Law - 21Investigations

149.420 State Inspection of Premises 21

149.425 Warning Signs on Highway 22

149.430 Liability of Violator for State 22and Private Damages

Page Page

149.510 Definitions for KRS 149.510 23to 149.600

149.520 Establishment of Statewide 24System for Forest FirePrevention

149.540 County Payments to Statewide 25System - Power to RequireOwners to Participate -Adjustments in Acreage

149.550 County Assessment Rate - 26Owners’ Duties

149.560 Tax Roll Record of 27Timberland Acreage

149.570 Computation of Timberland 27Assessment - Delivery of TaxBills

149.580 Collection of Timberland 28Assessment

149.590 County Forest Fire Protection 29Fund

Page149.600 Appeal From Listing of 29

Property as Timberland

149.990 Penalties 31

149.991 Penalties for Violation of 31KRS 149.360 to 149.430

Page

149.010. DIVISION OF FORESTRYCREATED - POWERS - RULES ANDREGULATIONS.

(1) There is hereby created and there shallbe maintained in the natural resources andenvironmental protection cabinet a division offorestry to supervise all forestry property andadvance forest interests of the state throughdevelopment of such property and interests. Itshall initiate such projects as will promotepublic appreciation of forest protection and ofreforestation; encourage tree planting in generaland on the public highways in particular; grow,collect and distribute seedlings; form and fosterjunior forestry clubs; cooperate with local civicorganizations in the care of trees and planting ofmore trees; provide for organized forest fireprotection; cooperate with the federalgovernment, state departments, and landownersin the perpetuation of forests, the promotion oftree growth and the redemption of wasteland foragricultural purposes; and encourage an interestin forestry by correspondence, press, pamphlets,reports, moving pictures and organizations.

(2) The director of the division of forestrywith the approval of the secretary for natural

resources and environmental protection shalladopt and enforce such rules and regulations asmay be necessary to carry out the functionsassigned the cabinet by law.

149.070. COUNSEL FOR CABINET.When any action is instituted in behalf of thenatural resources and environmental protectioncabinet, the county and commonwealth’sattorney shall represent it in the county in whichthe action is brought. The attorney general shallhave supervisory authority over all actionsinstituted for or against the cabinet.

149.080. FOREST WARDENS - DUTIES -APPOINTMENT - DEPUTIES.Forest wardens employed by the naturalresources and environmental protection cabinetshall assist in preventing, controlling andextinguishing forest fires, under direction of thecabinet. A forest warden must be a full-timeemployee of the natural resources andenvironmental protection cabinet who has beenappointed by the secretary. A deputy forestwarden can be a full-time or part-time employeeof the cabinet or a non-employee who has been

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shall lie against any forest warden, or personsummoned by him, for crossing or working uponland of another in connection with his duties asforest warden.

(2) A forest warden may summon anyresident of the state over eighteen (18) years ofage who is physically able to assist inextinguishing forest fires. Inability or failure topay such persons does not bar the authority ofthe warden to summon them.

(3) A forest warden may require the useof horses, automobiles, tools, and otherequipment needed in extinguishing fires.Owners of said required equipment andmaterials shall receive reasonable compensationtherefor, as determined by the forest warden. Incase of disagreement upon the terms ofcompensation, the dispute shall be referred to thesecretary for natural resources andenvironmental protection who shall make thefinal decision.

appointed by the secretary to have the samerights and privileges of a forest warden exceptthe issuing of citations or arrests for violationsof this chapter or collection of suppression costs.

149.083. INTERFERENCE WITHFORESTRY OFFICER OR EMPLOYEE.No person shall resist, obstruct, interfere with orthreaten, or attempt to intimidate, or in any othermanner interfere with any officer or employee ofthe natural resources and environmentalprotection cabinet in the discharge of his dutiesunder the provisions of KRS chapter 149.

149.090. ARRESTS - NO TRESPASSACTIONS - SUMMONING HELP ANDEQUIPMENT.

(1) A forest warden, for violation of lawsfor the protection of the forests of the state, hasthe following arrest powers:(a) With a warrant;(b) Without a warrant any person he observescommitting a misdemeanor or a felony; and(c) Without a warrant when he has reasonablegrounds to believe that the person being arrestedhas committed a felony. No action for trespass

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149.093. CITATION OR TICKET GIVENVIOLATORS IN LIEU OF ARREST.If the violation of any section of this chapter is amisdemeanor and is committed in the presenceof a forest warden or other law enforcementofficer, and there are reasonable grounds tobelieve that the person being cited will appear toanswer the charge, the warden or officer may, inlieu of a physical arrest directed by KRS149.090, issue a citation as authorized by KRS431.015, 431.450, 431.451, 431.452, and431.455. The warden or officer may issue awarning without a penalty in lieu of a citation ifthe suspected offense is one cited in KRS149.370, 149.375, 149.385, 149.390, 149.395,149.400, 149.401, or 149.405.

149.097. REWARDS FORAPPREHENSION OF PERSONS SETTINGFIRES.The secretary for natural resources andenvironmental protection may, with the approvalof the commissioner of natural resources, offerrewards out of moneys, appropriated to thenatural resources and environmental protectioncabinet, for information leading to the

apprehension and conviction of persons violatingthe laws relating to the setting of fires and forestfire control.

149.160. DUTIES OF FIRE WARDENS -ACCOUNT OF EXPENSES - PAYMENT.When the natural resources and environmentalprotection cabinet determines that a danger offorest fire exists in a county in which thestatewide system of forest fire protection hasbeen established under KRS 149.510 to149.600, the cabinet shall respond to the forestfire danger and employ those persons and meansas, in its judgment, are expedient and necessaryto respond to the forest fire danger or toextinguish the fire, within the limits of theexpense that it has been authorized to incur in itsinstructions from the secretary for naturalresources and environmental protection. Thecabinet shall keep an itemized account of allexpenses thus incurred and immediately send theaccount verified by affidavit to the secretary fornatural resources and environmental protectionfor examination. Upon approval by thesecretary for natural resources andenvironmental protection, the account shall be

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shall be deposited in a special fund in the naturalresources and environmental protection cabinet.The recovered costs shall be repaid to the countyin which the costs were incurred, if such countyhas fully paid its annual assessment to thestatewide system as provided for in KRS149.540 for the year in which the firesuppression costs were incurred. If a county isnot eligible to receive the recovered costs, themoney shall be used by the division of forestryto improve fire protection services. The fundsso repaid to the county shall be placed in thecounty forest fire protection fund provided for inKRS 149.590. Any money in the naturalresources and environmental protection cabinet’sspecial fund upon July 15, 1998, that were notrepaid to a county for having failed to fully payits annual assessment, shall be used by thedivision of forestry to improve fire protectionservices. In the event the suppression cost is notcollected, the commonwealth’s attorney of thecounty in which the fire occurred shall instituteand prosecute the necessary proceedings.

paid from such fund or funds as are available tothe cabinet for such purpose. No such paymentshall be made to any person who hasintentionally started the fire or to any personwhose negligence caused or contributed to thesetting of the fire.

149.170. NO LIABILITY FOR TRESPASS.No action for trespass shall lie against thesecretary for natural resources andenvironmental protection, or any agent oremployee of the natural resources andenvironmental protection cabinet, or any forestwarden on account of lawful acts done in legalperformance of their duties.

149.180. COLLECTION OF COSTS OFFIRE FIGHTING FROM PERSONRESPONSIBLE FOR FIRE -DISPOSITION.Whenever possible, the secretary for naturalresources and environmental protection shallcollect the costs of firefighting done andapproved as provided in KRS 149.160, from theperson responsible for the origin of the fire byhis negligence or intent. The recovered costs

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(4) “Timberland” means any land whichhas enough timber or woody brush, standing ordown, to constitute a fire menace to itself oradjoining lands, but does not include lands undercultivation or entirely in grass, nor land that isan isolated fire risk unless a fire on it wouldimperil the lands of an adjoining landowner.

(5) “Flammable material” shall includebut is not limited to refuse, debris, waste forestmaterial, brush, stumps, logs, rubbish, fallentimber, grass, stubble, leaves, slash, and grain.

149.360. PUBLIC POLICY DECLARED.The general assembly of the commonwealth ofKentucky declares as a public policy of thecommonwealth the prevention and control offorest fires on or threatening the forest landwithin the commonwealth in order to preserveforests and other natural resources, enhance thegrowth and maintenance of forests, conserveforest cover on watersheds, protect recreational,wildlife and other values, promote stability offorest-using industries, and prevent loss of lifeand damage to property from wildfires and otherconflagrations.

149.365. DEFINITIONS.As used in KRS 149.360 to 149.430 and149.991, unless the context requires otherwise:

(1) “Secretary” means the secretary fornatural resources and environmental protection.

(2) “Cabinet” means the natural resourcesand environmental protection cabinet.

(3) “Person” means an individual,corporation, partnership, association,municipality, state and federal government, orother public body or other legal entity, or anyofficer, employee or agent of any of theforegoing.

149.370. ACTS CREATING FIREHAZARDS IN FOREST PROHIBITED.No person shall:

(1) Within or adjacent to timberland,dispose of a lighted match, cigarette, cigar,ashes, or other flaming or glowing substance, orany other substance or thing in such conditionthat is likely to ignite a forest, brush, grass, orwoods fire, or throw or drop any of the aforesaidobjects or substances from a moving vehicle ordrop or leave any of the aforesaid objects orsubstances within the limits of the right-of-wayof any road or highway in such timberland. Thedriver of a moving vehicle shall be deemed

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prima facie liable where it cannot be determinedwhich of the occupants of the moving vehiclethrew or dropped any of the aforesaid objects orsubstances.

(2) Smoke in timberland during anemergency period of fire danger as proclaimed inKRS 149.405.

(3) Within or adjacent to timberland, set abackfire or cause a backfire to be set, exceptunder the direct supervision of the naturalresources and environmental protection cabinet,or unless it can be established that the setting ofsuch backfire is necessary for the purpose ofsaving life or valuable property.

(4) Without authority, destroy, deface, orremove any notice, sign, or poster of the NaturalResources and Environmental ProtectionCabinet, posted for the better protection of woodlots, forests, or wild lands from fire or trespass.

(5) Use or operate within or adjacent totimberland a welding torch, tarpot, or otherdevice which may cause a fire, without clearingflammable material surrounding the operation orwithout taking such other reasonable precautionsnecessary to ensure against the starting andspreading of fire.

(6) Discharge or cause to be discharged agun firing incendiary or tracer bullets or tracercharge or combustible gun wadding onto oracross any timberland.

(7) Have in his possession on timberlandany incendiary or tracer bullets or tracer charge,except in the course of transporting the same inconformity with law.

(8) In or adjacent to timberland, set fireor direct another to set fire to any flammablematerial for debris removal, cooking, heating, orto provide light without first obtainingpermission from the landowner and takingnecessary precautions to prevent the fire fromspreading to adjacent lands. All burningmaterials shall be attended until extinguished.

149.375. SETTING FIRE ON OWN LANDREGULATED.It shall be unlawful, within or adjacent totimberland, for any person to set fire to, or toprocure another to set fire to, any flammablematerial upon land owned or leased by himunless he previously shall have taken allreasonable care and precaution, by carefullyclearing around the flammable material asnecessary to prevent the escape or spread of fire

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149.385. WOOD, SAW OR PROCESSINGMILLS AND RAILROADS,REGULATION.

(1) Any person operating or responsiblefor the operation of a sawmill, stavemill,heading mill, or other woodworking mill, or anymanufacturing or processing establishment notentirely enclosed with fireproof or fire resistantwalls or other fireproof or fire resistantshielding, shall if such mill or establishment is in

to lands other than those owned or leased byhim. It shall also be unlawful for any employeeof any such owner or lessee of land to set fire toany flammable material, upon such land unlesshe shall have taken similar precautions toprevent the spread of such fire to any other land.All fires shall be attended until extinguished.

149.380. SETTING FIRE ON LANDOWNED BY ANOTHER, PROHIBITED.No person shall:

(1) Wilfully, maliciously, or wantonly setfire or cause or procure to be set on fire anytimberland, or flammable material on such land,which land is not owned, leased or controlled byhim.

(2) Wilfully, maliciously, or wantonlyallow a fire to escape from his land and burn theland or property of another.

(3) Wilfully, maliciously, or wantonly set,throw or place any device, instrument, orparaphernalia in or adjacent to any timberlandwith intent to set fire to such land, or which inthe natural course of events would result in firebeing set to such timberland.

or adjacent to timberland, maintain a clearedarea of at least one hundred fifty feet (150’) inall directions from any fires maintained in orabout or in connection with the operation ofsuch mill or establishment, and for a distance ofone hundred feet (100’) in all directions fromany sawdust pile, slab pile, or any otherflammable material accumulated from theoperation of such mill or establishment.

(2) Each railroad company shall place in,on or around the top of the chimney of each ofits locomotives a screen, fender, damper or otherappliance that will prevent as far as possiblesparks of fire escaping from the chimney withinor adjacent to timberland.

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149.395. OPERATION OF WASTEMANAGEMENT FACILITIES OR OPENDUMPS REGULATED.Any municipality, public institution or agency,or any persons maintaining or operating a wastemanagement facility or open dump as defined inKRS 224.005 in any location where fire mayspread to timberland shall provide such devicesand conditions therefor as will reasonablypromote the safe operation thereof and guard

(3) Each railroad company within oradjacent to timberland shall keep its right-of-way clear and free from weeds, high grass anddecayed timber that is likely to take andcommunicate fire from passing trains to abuttingor adjacent property.

149.390. FIRES TO CAPTURE ORDESTROY GAME PROHIBITED.No person shall wilfully or knowingly set fire toany timberland not his own, or hollow trees orstumps or flammable material on timberland nothis own to capture or destroy wild birds orquadrupeds or to destroy feeding or breedinggrounds thereon.

against the escape of fire therefrom. The cabinetshall have power to make rules and regulationsfor the implementation of this section.

149.400. FIRE HAZARD SEASONS -FIRES PROHIBITED - EXCEPTIONS.

(1) The periods commencing onFebruary 15 and ending on April 30 andcommencing on October 1 and ending onDecember 15 of each year are hereby declared tobe and established as the fire hazard seasons.During the fire hazard seasons, even though theprecautions required by KRS 149.375 shall havebeen taken, it shall be unlawful for any person toset fire to, or to procure another to set fire to,any flammable material capable of spreadingfire, located in or within one hundred fifty feet(150’) of any woodland or brushland, exceptbetween the hours of 6:00 p.m. and 6:00 a.m.,prevailing local time, or when the ground iscovered with snow.

(2) This section shall not apply to fireswhich may be set for the purpose of burningplant beds.

(3) This section shall not apply to fireswhich may be set by competent and qualified

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twenty-four (24) hours in advance and obtain theapproval of the district office.

149.401. CITY OR COUNTY ORDINANCEBANNING OPEN BURNING DURING FIREHAZARD PERIODS.

(1) Without limiting the general authoritygranted to a county by KRS 67.083 and thegeneral authority granted to a city by KRS82.082, a city or county may enact an ordinancebanning all open burning during periods ofextraordinary forest fire hazard or fireoccurrence. Such ordinance may authorize theimplementation of such a ban by executive orderof the chief executive officer upon notice by thedivision of forestry that a period ofextraordinary forest fire hazard or fireoccurrence exists.

(2) Any ordinance promulgated by a cityor county pursuant to subsection (1) of thissection may establish penalties for violation ofthe ordinance not to exceed the penalties setforth in KRS 149.990 (2).

3) Any ordinance promulgated by a cityor county pursuant to subsection (1) of thissection may be enforced by the promulgating

employees of railroad, utility, or pipelinecompanies in connection with the construction,operation, or maintenance of railroads, pipelines,powerlines, or other projects in the publicinterest on rights-of-way used for such railroads,pipelines, powerlines, or other projects, and suchfires shall be attended at all times and beextinguished before the employees of suchrailroad, utility, or pipeline companies leave thevicinity of the fire.

(4) This section shall not apply to firesset by trained and qualified employees of a stategovernment agency on land owned by the stateor leased or managed by the state under awritten agreement with the landowner, and setfor the specific purpose of wildlife or planthabitat improvement, ecological site restoration,site preparation for natural or artificialregeneration or fuel reduction. Nongovernmentalorganizations and other governmental agenciesmay apply to the division of forestry for writtenapproval to set fires under this subsection. Firesset under this subsection shall be in accordancewith KRS 149.375. Persons who set such firesshall give written notification of the burn to thelocal division of forestry district office at least

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The provisions of subsection (1) shall beeffective only during the time such proclamationis in force and only in the area where suchemergency is declared to exist.

(3) The secretary of state shall causenotice of such proclamation or any amendmentsor rescission thereof to be published in anewspaper or newspapers of general circulationin the area affected.

149.410. COMMONWEALTH’SATTORNEY TO PROSECUTEABATEMENT PROCEEDINGS.The commonwealth’s attorney or countyattorney shall initiate and prosecute appropriateabatement proceedings by injunction orotherwise, for the prevention or correction ofany condition constituting or threatening toconstitute a violation of KRS 149.360 to149.430. The institution or pendency of aproceeding pursuant to this section shall not barthe imposition or any penalties or the securing ofany other relief provided by KRS 149.360 to149.430, 149.991, 277.990, 512.020, to512.040, or administrative regulationspromulgated thereunder.

149.405. ENTRY IN FOREST LANDSDURING DROUGHT - EMERGENCYPROCLAMATION, NOTICE.

(1) It shall be unlawful, when the forestlands, brush lands and fields in this state or anypart thereof have become so dry or parched as tocreate an extraordinary fire hazard endangeringlives and property, for any person, except theowner, tenant or owner’s authorized agent,persons regularly engaged in cutting, processing,or moving forest products, persons engaged inconstructing, maintaining and operating utility orpipeline rights-of-way, or persons on official duty,to enter or travel in any state, county,municipality or private forest lands, brush lands,fields or idle or abandoned lands in the area soaffected except on public highways or welldefined private roads.

(2) When such an emergency is found toexist by the secretary for natural resources andenvironmental protection, the governor mayproclaim such a condition to exist in thecommonwealth or any described part thereof.

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body, or by the cabinet, and referred to theappropriate county or commonwealth attorney for

pursuant hereto, any duly authorized officer,employee or agent of the cabinet and any lawenforcement officer or fire protection officerhaving jurisdiction to enforce any provisions ofKRS 149.360 to 149.430 shall have power toenter upon or into any premises at any time inorder to inspect the same and to ascertain thedegree of compliance with KRS 149.360 to149.430, and with such rule or regulationpromulgated hereunder.

149.425. WARNING SIGNS ONHIGHWAY.The state department of highways is authorizedto purchase and erect warning signs along theroads and highways of this state advising thepublic of the provisions of subsection (1) ofKRS 149.370 and the penalty for violationthereof.

149.430. LIABILITY OF VIOLATOR FORSTATE AND PRIVATE DAMAGES.

(1) If any forest fire shall originate as aresult of the violation by any person of anyprovision of KRS 149.360 to 149.430, such

149.415. ADMINISTRATION OF LAW -INVESTIGATIONS.The natural resources and environmentalprotection cabinet shall administer KRS 149.360to 149.430 and shall have power to issue, amendand revise such rules and regulations as may beauthorized hereby or as may reasonably benecessary to implement the same. The cabinet isauthorized to make, conduct or participate in anyinvestigations and surveys designed to establishthe cause of and responsibility for a particularforest fire or forest fire conditions generally andto cooperate with any and all law enforcementofficers of or in this state in the apprehension andprosecution of persons violating this law. Nothingcontained in KRS 149.360 to 149.430 shall beconstrued to limit or otherwise impair thejurisdiction or powers of any other department,agency or officer of or in this state to investigate,apprehend, prosecute or punish violations of law.

149.420. STATE INSPECTION OFPREMISES.In connection with the administration of KRS149.360 to 149.430 and any rule or regulation

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(1) “Secretary” means the secretary fornatural resources and environmental protection.

(2) “Cabinet” means the natural resourcesand environmental protection cabinet.

(3) “Timberland” means any land whichhas enough timber or woody brush, standing ordown, to constitute a fire menace to itself oradjoining lands, but does not include lands undercultivation or entirely in grass, nor land that is anisolated fire risk unless a fire on it would imperilthe lands of an adjoining landowner.

149.520. ESTABLISHMENT OF STATEWIDESYSTEM FOR FOREST FIRE PREVENTION.

(1) It shall be the duty of the cabinet toestablish and maintain a statewide system offorest fire prevention, detection andsuppression.

(2) The cabinet shall formulate a plan andprogram subject to the approval of the secretaryfor natural resources and environmentalprotection to extend forest fire protection to allcounties not now participating in the stateprogram. The plan shall provide for theestablishment of such protection in all thecounties of the state on or before Jan. 1, 1964.

person shall be, in addition to the penaltyprescribed under KRS 149.991, liable to thestate and to each county for the full amount ofall expenses incurred by the state and countyrespectfully in suppressing each fire, suchamounts to be recoverable by action brought bythe secretary for natural resources and amountsto be recoverable by action brought by thesecretary for natural resources andenvironmental protection in the name of thecommonwealth on behalf of the commonwealthand by the county attorney on behalf of thecounty.

(2) In addition to any penalty pursuant toKRS 149.991, any person violating any of theprovisions of KRS 149.360 to 149.430 shall beanswerable in damages to any persons sufferingsuch damage for the cost incurred in thesuppression of any fire resulting from suchviolation and for damage to property resultingfrom such fire.

149.510. DEFINITIONS FOR KRS 149.510TO 149.600.As used in KRS 149.510 to 149.600, unless thecontext requires otherwise:

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owned forest acreage in a particular county, or tochanges in forest acreage from year to year, thequestion shall be submitted to the judge of thecircuit court of the county by a summary andinformal proceeding, and a decision of the judge,certified to the governing body and to the cabinetrespectively, shall be conclusive and final.

149.550. COUNTY ASSESSMENT RATE- OWNERS’ DUTIES.

(1) If the county governing body requiresthe owners to participate, it shall determine theamount of the assessment for each acre, andshall order the assessment to be paid into thecounty treasury by the owners of all timberlandlocated in the county.

(2) It shall be the duty of each owner oftimberland situated in the county to list or havelisted such property with the property valuationadministrator within the time provided forassessing property for state and county advalorem taxes.

(3) Timberland shall be listed by theowner of the first freehold estate therein, and itshall be listed without reference to conflictingtitle. The listing shall be made at the same time

149.540. COUNTY PAYMENTS TOSTATEWIDE SYSTEM - POWER TOREQUIRE OWNERS TO PARTICIPATE -ADJUSTMENTS IN ACREAGE.

(1) After January 1, 1959, all countiesreceiving state forest fire protection and allcounties having received notice of the intendedestablishment of such service shall annually payto the cabinet a sum equivalent to two cents (2)per acre of privately owned timberlands accordingto the most current united states forest servicesurvey of Kentucky subject to additions anddeductions of acreage since the making of suchstudy. Such payments shall be due and payableon September 15 following the assessment.

(2) Contributions may be met out of thegeneral funds of the county and in addition thefiscal court may require each owner of timberlandin the county to participate directly by paying intoa special county forest fire protection fund anassessment not exceeding three cents (.03) peryear for each acre of timberland of which he isthe owner.

(3) In any case in which the cabinet andthe governing body of any county cannot agreeupon the additions or deductions to privately

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county clerk shall compute the assessment duethe county from each owner of timberland inaccordance with rate fixed by the countygoverning body and the amount of timberlandacreage indicated on the property tax roll.

(2) The computation shall be made on theregular tax bills in such manner as may bedirected by regulation of the department ofrevenue.

(3) The county clerk shall deliver these billsto the sheriff for collection as provided in KRS133.220(3).

149.580. COLLECTION OF TIMBERLANDASSESSMENT.

(1) The sheriff shall collect the assessmentat the same time and in the same manner inwhich he collects the state and county ad valoremtax. He shall issue a receipt to the tax payer,report to the county judge/executive, and makehis annual and final settlements with the fiscalcourt at the same time and in the same mannerprovided by law for his report and settlement ofcounty and state taxes.

(2) Such assessments shall become dueand payable on the date, and subject to the same

and in the same manner in which declarations ofreal property owned are made with the propertyvaluation administrator for assessment purposes.If the owner fails to list the timberland, theproperty valuation administrator shall list it. Theproperty valuation administrator shall have thepower to swear witnesses in order to ascertain theperson in whose name to make the list.

(4) All persons in whose name thetimberland acreage is properly listed shall remainbound for the assessment, notwithstanding theymay have sold or parted with it.

149.560. TAX ROLL RECORD OFTIMBERLAND ACREAGE.The property valuation administrator shall includeon the regular property tax role an accuraterecord of the acreage of timberland listed in thename of each owner in the county.

149.570. COMPUTATION OFTIMBERLAND ASSESSMENT - DELIVERYOF TAX BILLS.

(1) When the property tax rolls aredelivered to the county clerk by the propertyvaluation administrator, as required by law, the

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discounts, delinquency date, and penaltiesprovided in KRS 134.020 for state, county anddistrict taxes.

149.590. COUNTY FOREST FIREPROTECTION FUND.A separate fund shall be maintained by thecounty treasurer to be known as the countyforest fire protection fund. The assessmentscollected from each timberland owner, togetherwith penalties, shall constitute the fund and itshall be used only for making payments to thecabinet in accordance with provisions of KRS149.540.

149.600. APPEAL FROM LISTING OFPROPERTY AS TIMBERLAND.

(1) Any person aggrieved by a listing ofany portion of his property as timberland by theproperty valuation administrator may file aprotest with the county judge/executive,provided the protest is in writing and is madewithin thirty (30) days of receipt of notice oflisting. Protest may be made on the ground thatthe land or any portion so listed is nottimberland, or that the timberland so listed will

not be benefited by the forest fire protectionsystem then in effect, or benefited by theproposed forest fire protection system if theassessment is being made for the first time inthat county.

(2) The county judge/executive shall hearall protests properly filed. Protests shall beheard within a reasonable time after the filingthereof, and reasonable notice shall be given tothe protestant and the secretary for naturalresources and environmental protection as to thetime and place of the hearing. The county judge/executive shall have authority to issuesubpoenas to compel the attendance of anywitness desired by any interested party, and heshall be authorized to administer the oath to anywitness.

(3) Proceedings for hearing any protestshall be summarized and the findings of thecounty judge/executive shall be final, and anorder shall be entered either dismissing theprotest or directing the proper county officials toalter their records in accordance with thefindings.

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149.990. PENALTIES.(1) Any person who violates subsection

(2) of KRS 149.040 shall be fined not less thanfive hundred dollars ($500), or confined in jail fornot less than thirty (30) nor more than onehundred (100) days, or both.

(2) Any physically able resident of thisstate above the age of eighteen (18) who refusesor neglects to assist in extinguishing forest fires,when summoned by a warden as authorized byKRS 149.090(2), and any person who refuses toallow the use of required equipment or materialsshall be fined not less than fifty dollars ($50) normore than five hundred dollars ($500).

(3) Any person who violates KRS 149.083shall be fined not less than one hundred dollars($100) nor more than one thousand dollars($1000), or imprisoned for not less than ninety(90) days nor more than twelve (12) months, orboth.

149.991. PENALTIES FOR VIOLATION OFKRS 149.360 TO 149.430.

(1) Any person who violates any of theprovisions of KRS 149.360 to 149.430 exceptKRS 149.380 shall be fined not less than one

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hundred dollars ($100) nor more than fivehundred dollars ($500) or imprisoned for notmore than six (6) months, or both such fine andimprisonment.

(2) Any person who violates any of theprovisions of KRS 149.380 shall be fined not lessthan one thousand dollars ($1000) nor more thanten thousand dollars ($10,000) or imprisoned fornot more than five (5) years, or both such fineand imprisonment.