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KRS 100.326

Definitions for section -- Retail filling stations -- Limitations on regulation by local government

Known as the Binding Element Enforcement Act

The act spans §§ 100–100 (292 sections).

Effective: July 15, 2024 History: Created 2024 Ky

(1) As used in this section:

(a) "Electric vehicle charging station" has the same meaning as in KRS 138.477; and (b) "Retail filling station" has the same meaning as in KRS 138.210.

(2) A city, county, urban-county government, charter county, or consolidated local government shall not utilize a zoning process, or adopt or enforce an ordinance, order, regulation, or similar measure that:

(a) Prohibits or limits a retail filling station from locating at any place within its jurisdiction at which other businesses of similar uses or character which serve the public may locate;

(b) Could be reasonably construed to apply discriminatory treatment to the use or location of retail filling stations; or (c) Treats retail filling stations differently than electric vehicle charging stations.

(3) This section shall not prohibit a local jurisdiction identified in subsection (2) of this section from subjecting retail filling stations to restrictions similar to those applicable to other businesses that:

(a) Provide siting requirements, including siting requirements involving certain geographic areas;

(b) Do not effectively prohibit the operation of a retail filling station; and (c) Are not preempted by state or federal law.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.