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Kentucky State Highway Right-of-Way (3-KY-c)

Information current as of 2018
In Kentucky, a developer may need a State Highway Encroachment Permit (Permit) from the Kentucky Department of Highways (DOH) for projects that encroach on a state highway right-of-way. KY. Rev. Stat. Ann. §177.106(1), (1962), Ky. Rev. Stat. Ann. §416.140(3) (1974). An encroachment is defined as “any improvement to land constructed, created or implemented or any change from the original contour, including but not limited to buildings, fences, ditches, embankments, driveways or signs, which hinders or prevents use or maintenance of roads or rights-of-way.” KY. Rev. Stat. Ann. §177.103(2) (1962).


DOH has the authority to regulate any work performed on state highways, including state highway encroachment permits pursuant to KY. Rev. Stat. Ann. §177.020(7) (2009).


State Highway Right-of-Way Process

3-KY-c.1— Highway Encroachment Permit Application

The developer must submit a State Controlled Access Highway Encroachment Permit Application (Application) to the District Office with jurisdiction over the project site. The Application should include:

Kentucky Division of Maintenance, Permit Manual, PE-202, PE-401, PE-501.

3-KY-c.2 to 3-KY-c.3 — Is a Traffic Impact Study Required?

All commercial entrances must be evaluated to determine if a Traffic Impact Study is needed. Kentucky Division of Maintenance, Permits Manual, PE-401. More information can be found in the Traffic Impact Study Requirements .

3-KY-c.4— Is the Project Along a Controlled Access Highway?

Kentucky’s controlled access highway’s give preferences to through traffic and may restrict highway access via selected roads. 603 KY Admin. Regs. 5:120.1 (1985) .

3-KY-c.5 to 3-KY-c.6 — Review Application Materials for Completeness

The District Engineer Office reviews the Application for administrative and technical completeness.

3-KY-c.7 to 3-KY-c.8 — Review Application Materials for Approval

The Chief District Engineer must review the Application for approval. If the Chief District Engineer denies the Application then the district must notify the developer. If the Chief District Engineer does not deny the Application the permitting process continues. Kentucky Division of Maintenance, Permit Manual, PE-501.

3-KY-c.9 to 3-KY-c.11 – Request for Reconsideration (Optional)

If the Application is disapproved at the district office, the applicant (developer) can file a Request for Reconsideration of the decision by submitting the request to the highway district office. The request shall include a copy of the disapproved application, the letter of disapproval from the district office, and a list of reasons why the applicant (developer) believes the district office's decision should be reconsidered. The district office forwards the request to the central office, and the State Highway Engineer delivers the final department approval or disapproval. 603 KY Admin. Regs. 5:120 § 5.

3-KY-c.12— Submit Supplemental Materials

The developer must send supplemental materials to the Kentucky State Highway Engineer if the Application is not denied. These supplemental materials should include:

Kentucky Division of Maintenance, Permit Manual, PE-501.

3-KY-c.13 — Forward Application

The DOH district office must forward the Application to the DOH central office. Kentucky Division of Maintenance, Permit Manual, PE-501

3-KY-c.14 — Review Application

The DOH central office must review the Application and forward the Application and their recommendation to the Kentucky State Highway Engineer. Kentucky Division of Maintenance, Permit Manual, PE-501

3-KY-c.15 — Submit Recommendation

The State Highway Engineer must review the Application and submit a recommendation to the Commissioner of the Department of Highways. Kentucky Division of Maintenance, Permit Manual, PE-501.

3-KY-c.16 to 3-KY-c.17— Publish Notice of Public Hearing

The Commissioner of the Department of Highways must schedule a public hearing. The Chief District Engineer must publish notice of the hearing in the local newspaper 20 days before the hearing. The DOH district office must hold the public hearing. Kentucky Division of Maintenance, Permit Manual, PE-501.

3-KY-c.18 to 3-KY-c.19— Review Application Materials for Approval

The Commissioner of the Department of Highways must review the hearing results and make a final decision. If the Chief District Engineer denies the permit, the developer must be notified and the process ends. Kentucky Division of Maintenance, Permit Manual, PE-501.

3-KY-c.20 — State Highway Encroachment Permit

The developer must comply with the conditions or restrictions on the Permit.

3-KY-c.21 — Obtain Project Indemnity

The developer must obtain an indemnity before beginning the project. The indemnity must include a certificate of insurance to cover liability to the DOH, a payment bond to ensure payment of potential penalties, and a performance bond. Kentucky Division of Maintenance, Permit Manual, PE-202.

3-KY-c.22to 3-KY-c.24 — Review Application Materials for Completeness

The District Engineer Office reviews the Application for administrative and technical completeness.

3-KY-c.25 to 3-KY-c.26 — Review Application Materials for Approval

The Chief District Engineer must make the final decision to approve or deny the Application. Kentucky Division of Maintenance, Permit Manual, PE-202.

3-KY-c.27 — State Highway Encroachment Permit

The developer must comply with the conditions or restrictions on the Permit. After receiving a Permit from the DOH, any person authorized to produce, supply, transmit, or sell electricity for a public purpose, may construct and maintain transmission or distribution lines on, along, or over any state highway right-of-way. KY. Rev. Stat. Ann. §416.140 (1974).

3-KY-c.28 — Inspect Completed Project

The DOH must conduct an inspection of the completed project to ensure compliance with the approved permit. Kentucky Division of Maintenance, Permit Manual, PE-201.

3-KY-c.29 — Appeal Decision (Optional)

A developer may file a request for reconsideration with the Kentucky State Highway Engineer if the Application is denied. Kentucky Division of Maintenance, Permit Manual, PE-201.


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Division of Maintenance 502-564-4556 Visit Website