(1) As used in this section:
- (a) "Agricultural land" means: 1. Any tract of land, including all income-producing improvements, of at least ten (10) contiguous acres in area used for the production of livestock, livestock products, poultry, poultry products or the growing of tobacco or other crops including timber; or 2. Any tract of land devoted to and meeting the requirements and qualifications for payments pursuant to agriculture programs under an agreement with the state or federal government;
- (b)
- (c) "Fully shielded" means an outdoor light fixture that is shaded so that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are no longer encroaching on agricultural land; and "Outdoor light fixture" means any light fixture owned or maintained by the cabinet.
- (2) The cabinet shall not allow light emitted from an outdoor light fixture to encroach on any agricultural land, whether public or private.
- (4)
- (3) Any new outdoor light fixture installed after April 13, 2026, which emits light that encroaches on agricultural land shall be fully shielded at the time of installation. If light emitted from an outdoor light fixture encroaches on agricultural land, the owner of that land may submit a complaint in writing to the cabinet, and the cabinet shall ensure that the outdoor light fixture is fully shielded within thirty (30) days of the date of the submission of the written complaint.
- (5) This section shall not apply to outdoor light fixtures used by the cabinet or its contractors incidental to a highway construction or maintenance project, provided the encroachment lasts for no longer than one hundred eighty (180) days and that the lights are turned off when not in active use for construction or safety purposes.
Effective: April 13, 2026
History: Created 2026 Ky. Acts ch. 130, sec. 1, effective April 13, 2026.