The permit required by KRS 177.910 shall be issued in accordance with the administrative regulations of the department, promulgated pursuant to the provisions of KRS 177.905 to 177.950, when it is shown to the satisfaction of the commissioner that an automobile, vehicle, machinery or material recycling establishment or place of business located closer than 1,000 feet from the right-of-way line of any road is, so far as deemed practical by the secretary, hidden from the view of motorists using such road by an artificial or natural screen, or is by virtue of natural topography so hidden. The screening required in this section may be effected by the construction of a fence, or by planting shrubs, trees, or flowering plants, the foliage of which shall, immediately upon planting, provide a sufficient screen or by making use of foliage already in existence. Any automobile, vehicle, machinery or material recycling establishment or place of business that cannot as a practical matter be screened, shall be required to be removed.
KRS 177.915
Permit -- Conditions -- Screening
Applied in 2 court decisions — leading case Iles v. Commonwealth, Energy & Environment Cabinet (2010)
Most recently applied in Iles v. Commonwealth, Energy & Environment Cabinet (August 2010)
Effective: July 15, 1988 History: Amended 1988 Ky
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.