400 KAR 2:090 - Management, use, and protection of nature preserves and natural areas
RELATES TO: KRS 146.410, 146.440, 149.175
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.485(2) authorizes
the commission to promulgate administrative regulations for the management,
use, and protection of nature preserves. KRS 146.465 authorizes the commission
to acquire natural areas for the purpose of dedicating the areas as nature
preserves. KRS 146.475 requires that a
Section 1. Applicability. This administrative
regulation shall apply to a nature preserve unless a specific exception is set
forth in the articles of dedication . The reasons for any exception shall be set
forth in the records of the office. This administrative regulation shall also
apply to undedicated natural areas protected by the office unless a specific
exception is set forth in the management plan or an administrative
regulation.
Section 2. Boundary
Markers.
(1) Boundaries shall be made evident
by posting boundary markers in a conspicuous manner.
(2) If a boundary fence or barrier is
installed, it shall not be in a form that will create a detrimental effect on
the movement of wildlife or other natural objects.
Section 3. Encroachments. There shall not be
encroachments of structures, easements, rights-of-way, or land uses that do not
conform to this administrative regulation and with the purposes and definition
of a nature preserve or natural area as established in KRS 146.410 to 146.530,
except as allowed by the nature preserves articles of dedication or natural
area management plan.
Section 4.
Emergency Situations.
(1) An emergency
situation shall be reported immediately to the office.
(2) An emergency situation that requires
immediate action to prevent injury to persons or damage to property shall be
handled in a manner that minimizes damage to natural conditions.
Section 5. Internal Access Lanes.
(1) An internal vehicular access lane shall
be installed and maintained only where essential for patrol, fire control,
management, or research activities and shall be in accordance with the
management plan.
(2) An internal
vehicular access lane shall:
(a) Be limited to
service vehicles or, in an emergency situation, rescue vehicles; and
(b) Provide a single track not to exceed ten
(10) feet in width.
Section 6. Fire Control.
(1) If a firebreak is needed, it shall be
constructed in a buffer area if possible.
(a)
A firebreak shall be kept to a minimum and shall be constructed only in
accordance with the management plan and prescribed fire plan.
(b) A temporary firebreak made by mowing,
raking, blowing, wetting, or black lining may be used in conjunction with a
prescribed burn.
(2)
(a) A wildfire shall be brought under control
as quickly as possible if there is imminent danger to lives or adjacent
property.
(b) Fire lines on nature
preserves shall be constructed with hand tools or mowing equipment rather than
heavy equipment, to minimize damage to the preserve.
(c) If there is no danger to lives or
adjacent property and the fire can be contained at the boundary, the office may
assess the benefit of allowing a wildfire to burn and shall inform the entity
having fire suppression responsibility of its decision to suppress a wildfire
or to allow it to burn.
(d) There
shall not be any cleanup, fire hazard reduction, or replanting after a fire
within a nature preserve , except with the written approval of the office.
Approval shall be based upon health and safety considerations or the need for
habitat restoration.
(3)
If undertaken, prescribed burning shall be conducted in accordance with a
prescribed fire plan prepared for each burn unit, approved by the executive
director , and in accordance with the management plan. Prescribed burn plans
shall be to current Kentucky Prescribed Fire Council Standards pursuant to KRS 149.175. Prescribed burn lines may be constructed with heavy equipment only if
required for habitat restoration implementation under the management
plan.
(4) During a prescribed burn:
(a) Fire shall be kept away from fences and
other structures that could be damaged;
(b) Burning shall not be done under
conditions more hazardous than specified in the prescribed burn plan;
(c) Firefighting chemicals that are known to
cause damage to or alter a natural condition shall not be used; and
(d) The use of a vehicle or equipment shall:
1. Be specified in the prescribed burn plan;
and
2. Not cause permanent damage
or alteration to the natural features of a nature preserve .
Section 7.
Trails.
(1) A trail system shall conform to
the objectives of the nature preserve or natural area . A trail shall:
(a) Be designed to affect only part of the
property and to have minimal impact on natural features; and
(b) Not have a significant impact on animals
or plants monitored by the office or on archaeological resources located within
the property.
(2)
Location and form of a trail other than a natural wildlife path shall be
approved or denied by the office, in accordance with the management
plan.
(3) A trail shall be kept to
a single file width sufficient to allow one (1) person to pass another but not
wide enough to allow two (2) or more people to walk abreast of one another and
shall be adequate to provide for permitted use of a nature preserve and to
prevent erosion, trampling of vegetation, and other deterioration.A wider trail
may be constructed if the surrounding vegetation type, such as grasslands would
require excessive maintenance to keep the trail open, or a wider preexisting
path was established prior to designation as a nature preserve or natural area .
These wider trails shall be specified in the nature preserve management
plan.
(4) Trail construction.
(a) Use of paving materials, footbridges, or
elevated walks shall be permissible if provided for in the trail plan section
of the management plan, but shall be kept to a minimum in order to limit
damage.
(b) Synthetic materials,
painted or chemically treated wood, or stone or earth materials from outside
the property shall not be used in trail construction unless specified in the
management plan.
(5)
Animals or plants monitored by the office shall not be removed, damaged, or
altered in trail construction or maintenance.
Section 8. Other Structures and Improvements.
(1) Necessary signs, information kiosks,
trash receptacles, and minor structures required to house research instruments
or hand tools shall be permitted within a nature preserve or natural area if
specifically required in the management plan or permitted by the office for
activities consistent with KRS 146.200 through 146.619.
(2) Any other structure in a dedicated nature
preserve shall be located in a service area.
(3) Any sign or structure shall be approved
or denied by the office, in accordance with the management plan.
Section 9. Service Areas. Service
areas may be established within a nature preserve to provide access and
parking, management facilities, and visitor facilities. Provision for a
necessary service area may be included in the articles of dedication or after a
finding by the office that the designation is warranted and in accordance with
the articles of dedication .
Section
10. Scenic and Landscape Management.
(1) Measures shall not be taken to alter
natural growth or features for the purpose of enhancing the beauty, neatness,
or amenities of a nature preserve , except as established in this section and
Sections 2, 5, and 7 through 9 of this administrative regulation. Cutting of
grass, brush, or other vegetation, thinning of trees, removal of dead wood,
opening of scenic vistas, or planting shall not be performed except after a
finding by the office that the action does not irreparably harm the preserve
and is in accordance with the management plan.
(2) Installation of guard rails, fences,
steps, and other devices necessary for visitor safety shall conform to the
management plan. Dead trees or branches that constitute a safety hazard to
persons on trails or in other authorized use areas may be felled or
cleared.
(3) Except as provided in
articles of dedication or as approved by the office, there shall not be any
removal, introduction or consumptive use of any material, product, or object
from a nature preserve , except as established in this administrative
regulation. The following activities shall be prohibited on dedicated nature
preserves:
(a) Grazing by domestic
animals;
(b) Farming;
(c) Gathering of firewood;
(d) Gathering of plant or mushroom
products;
(e) Mining, quarrying or
mineral extraction, or fossil or rock collection;
(f) Dumping, burying, or spreading of
garbage, trash, or other materials;
(g) Logging; and
(h) Any other human activity that results in
damage to or loss of natural features of the preserve.
(4) An artifact on a nature preserve shall
only be removed or demolished as follows:
(a)
An old interior fence may be removed. Prior to removal, its location shall be
mapped, leaving posts to mark boundaries between former land uses;
and
(b) Rubbish may be
removed.
(5) Structures
lacking utilitarian, historical, scientific, or habitat value may be demolished
or removed.
Section 11.
Water Level Control. Natural water levels shall not be altered on nature
preserves. Natural water levels on natural areas may be altered only if the
office determines it is needed for habitat restoration to benefit monitored
species or ecological communities and is part of the management plan. Water
levels that have been altered by humans may be changed if identified as being
essential for the maintenance or restoration of natural conditions.
Section 12. Erosion Control. Erosion and soil
deposition due to past or present disturbance by humans or natural conditions
within or outside of a nature preserve may be controlled as needed for the
maintenance or restoration of natural conditions.
Section 13. Management of Animals and Plants.
(1) Control of plant succession.
(a) Control of plant succession by deliberate
manipulation may be undertaken if preservation or restoration of a particular
vegetation type or preservation of animals or plants monitored by the office is
designated an objective of the nature preserve or natural area by the
office.
(b) If undertaken, plant
succession control measures shall be undertaken as established in the
management plan to comply with objectives referenced in paragraph (a) of this
subsection.
(c) Vegetation may be
managed. If managed, the limitations established in subparagraphs 1. through 3.
of this paragraph shall apply.
1. Plant
species not native to the site or vicinity may be eliminated by cutting,
girdling, grubbing, cut stump, or basal or foliar application of specified
herbicide.
2. The time of burning
during the year, the frequency of burning, and the fractional amount of the
area that may be burned each year shall be specified.
3. Invading native woody species may be
eliminated or controlled by cutting, girdling, grubbing, cut stump, or basal or
foliar application of specified herbicide.
(d) The use of herbicides shall be specified
in the management plan for each nature preserve natural area .
(2) Control of noxious species.
(a) Plants or animals that are determined by
the office, in accordance with KRS 146.485(6), (9), and (12), to be noxious in
fact shall be controlled only if they are documented as jeopardizing
populations of plants and animals or the natural integrity.
(b) Except for removal from a trail, access
lane, or firebreak as authorized by this administrative regulation, there shall
not be any control of a native plant that is not noxious but could otherwise
appear undesirable.
(c) There shall
not be any control of native predators, rodents, insects, snakes, or other
animals, even though they could appear harmful or undesirable, unless they are
documented as jeopardizing populations of native plants or animals, or the
natural integrity.
(d) There shall
not be any use of a pesticide except as authorized in the management
plan.
(3) Control of
exotic species.
(a) Control of exotic plants
or animals may be undertaken. If control of exotic plants is undertaken, it
shall be done in accordance with subsection (1)(c) of this section.
(b) If control of exotic animals is
undertaken it shall be done in accordance with subsection (2) of this
section.
(4) Any measure
for population control of any species shall be established in the preserve
management plan.
(5) Management of
plants or animals monitored by the office and species of management concern.
(a) Habitat manipulations and protective
measures in favor of particular species shall be undertaken only as approved by
the office. Approval shall be based upon a finding by the office that describes
the proposed activities and addresses species life history, habitat
requirements of the species, characteristics and objectives of the preserve,
and other relevant information.
(b)
Control of plant succession in favor of particular species shall be as
established in this administrative regulation.
(6) Introduction of plants and animals.
Plants, animals, or their reproductive bodies shall not be brought into a
nature preserve or moved from one (1) place to another within a preserve except
with approval of the office. Approval shall be based upon scientific evidence
documenting the species' historical occurrence in the ecosystem. Restoration
shall be performed with caution and based on a finding that the actions shall
not adversely affect natural conditions on the nature preserve . Habitat or
species restoration on undedicated natural areas shall conform to the
management plan.
Section
14. Use Tolerance.
(1) Human use
of a nature preserve or natural area shall be allowed only to the extent and in
a manner that shall not impair natural conditions.
(2) The articles of dedication or management
plan may specify the controls and restrictions to be placed on access and
use.
(3) The office as owner, or
the landowner and the office upon agreement, may further restrict access and
use as necessary to protect the nature preserve or natural area .
Section 15. Character of Visitor
Activity.
(1) Visitor activity shall be
regulated to prevent disturbance of a nature preserve or natural area beyond
what it can tolerate without permanent deterioration. A visitor without a
permit for research or educational activities shall be restricted to trails and
areas open to off-trail use and may be otherwise restricted in movement. A
person wishing to traverse a nature preserve or natural area elsewhere than on
a trail or other area open to visitation shall obtain permission from the
office.
(2) Public use shall be in
accordance with the articles of dedication of a nature preserve or management
plan of a natural area .
(3)
Hunting, fishing, and trapping on a nature preserve shall not be allowed unless
provided for in the articles of dedication for the nature preserve and shall be
subject to 400 KAR Chapter 2. The office may approve hunting, fishing,
trapping, or other control methods if necessary to ensure that the preserve is
protected from a documented imbalance of species or impending animal disease.
Hunting, fishing, and trapping on a natural area shall not be allowed unless
provided for in the management plan and shall be subject to 401 KAR Chapter
2.
(4) Except for a service animal,
a visitor shall not bring an animal into a nature preserve . A visitor shall not
bring an animal into a natural area , except for a service animal, unless
approved in the management plan.
(5) A visitor carrying a deadly weapon on a
nature preserve or natural area shall not discharge the weapon unless it is
necessary for either self-defense or hunting is provided for in the management
plan, articles of dedication , if any, and in accordance with this
administrative regulation.
(6) A
nature preserve or natural area that is open to visitors shall be open sunrise
to sunset.
(7) Trails shall be open
to foot traffic only. Travel on horse, bicycle, or motorized vehicle shall be
prohibited at all times.
(8) Rock
climbing and rappelling shall be prohibited at all times.
(9) Possessing or using non-prescription
drugs or alcohol shall be prohibited at all times.
(10) Camping, picnicking, building fires,
using audio equipment (except if part of research approved by the office) in
accordance with KRS 146.570(3) shall be prohibited at all times on nature
preserves and prohibited on natural areas unless approved in the management
plan.
(11) Collecting plants,
fungi, animals, minerals, rocks, wood, or artifacts shall be prohibited at all
times except for approved scientific studies in accordance with Section 19 of
this administrative regulation.
Section 16. Access Control.
(1) Ingress and egress shall be allowed only
at locations and under conditions as may be specified by the office in the
management plan.
(2) The owner,
custodian , and office have the authority to further limit access as may be
necessary for protection and proper management.
Section 17. Orientation and Guidance of
Visitors. Orientation and guidance of visitors shall be in accordance with the
articles of dedication or management plan, and as approved by the office.
Interpretive signs, structures or labels shall be of uniform
appearance.
Section 18. Permission
for Research, Group, or Educational Activities.
(1) A person wishing to engage in research,
group, or educational activities on a nature preserve or natural area shall
secure prior permission of the office. If the activities are to be carried on
by a group, permission may be issued to the group leader who shall be
responsible for the actions of the group. Permission or denial shall be based
upon information provided in the application for permission, the purpose stated
for the research, and an assessment of any damage that could result from the
activity.
(2) A permit shall be
required for educational, research, or group use of a nature preserve or
natural area if activities include collecting or activities other than walking
and observation or if the preserve is not open to the public or if the group is
larger than ten (10) individuals.
(3)
(a) The
application for a permit shall be on Natural Areas/Nature Preserves User Permit
Application, KNP01 or Research Permit Application, KNP02 and shall include the:
1. Name of the applicant;
2. Mailing address and electronic mailing
address of the applicant;
3.
Occupation of the applicant;
4.
Professional qualifications of the applicant;
5. General field of interest of the
applicant; and
6. Description of
the applicant's proposed activities, including the:
a. Objectives, methods, and procedures to be
followed;
b. Records to be
kept;
c. Location and duration of
the project areas to be visited;
d.
Frequency and length of visits; and
e. Detailed description of disturbances to be
made.
(b)
Information shall be provided on the:
1.
Species or objects to be taken;
2.
Number of specimens;
3. Method of
taking; and
4. Disposition of
specimens.
(c) The
office shall provide permit application forms to persons requesting them.
(4)
(a) The approved permit may contain specific
provisions and restrictions.
(b)
The permit may be modified, suspended, or revoked by the office for violations
of the conditions of the permit, this section, or based upon a determination of
the office that the activity jeopardizes the nature preserve or natural
area .
(c) Each holder of a permit
shall submit to the office an annual report or progress report as directed in
the permit.
(d) A permit for an
activity of no more than the calendar year expires on December 31 of that year.
A permit for an activity of longer than one (1) year may be extended annually
upon submission of an annual report and request for an extension.
(e) A final report with results, including
data collected in a format supplied by the office, shall be submitted at the
conclusion of the research. This data may be incorporated by the office into a
research clearinghouse and inventory database in accordance with KRS 146.485
and 400 KAR 2:080 Section 6.
Section 19. Collecting on Nature Preserves or
Natural Area .
(1) A person wishing to collect
a scientific specimen for deposition in a permanent institutional collection
available to the public or for purposes of an approved research project shall
do so pursuant to terms of permission as established in this administrative
regulation.
(2) Permission may
restrict the collecting of certain species or specimens. Material for classroom
laboratory observation or study shall not be collected. Exceptions may be
provided in the articles of dedication of the nature preserve , or as set forth
in the management plan.
Section
20. Record.
(1) A record shall be
kept for each nature preserve and natural area .
(2) One (1) copy of the record required by
subsection (1) of this section shall be held by the office at its Frankfort
location.
(3) The record shall
include reports from the custodian and all other pertinent documentary
material, studies, reports, and descriptions of significant events.
(4) Responsibility for assembling the record
shall be with the office, in conjunction with any custodian of a nature
preserve .
Section 21.
Management Plan. Each nature preserve and natural area shall be managed in
strict accordance with the most recent management plan in compliance with the
requirements of KRS 146.200 through 146.619, articles of dedication if any, and
this chapter that sets forth the allowable activities to take place on the
nature preserve or natural area as related to:
(1) Natural community and rare species
protection;
(2) Resource
restoration and enhancement;
(3)
Archeological and historical resource protection;
(4) Staffing;
(5) Security;
(6) Safety;
(7) Public access and
interpretation;
(8) Maintenance of
the nature preserve or natural area ;
(9) Coordination of management activities
with adjacent landowners and other federal and state resource protection
agencies; and
(10) Research and
education.
Section 22.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
Natural Areas/Nature Preserves User Permit Application, KNP01, July 2018;
and
(b) Research Permit
Application, KNP02, July 2018.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Office of Kentucky
Nature Preserves 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through
Friday, 8:00 a.m. to 4:30 p.m.
Notes
STATUTORY AUTHORITY: KRS 146.465, 146.475, 146.485
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