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Boone Creek listed on National Register

December 14, 2009|By Mike Wynn

The National Park Service has approved a historical designation for a section of rural land in western Clark County following a year-long dispute with several property owners in the area.

About 10,700 acres along the upper reaches of Boone Creek have been listed in the National Register of Historic Places, the Park Service announced last week.

The designation seeks to protect historically significant land from any detrimental effects associated with federally-funded projects. Officials

must consider the listing when determining a project's scope.

Supporters said it will not restrict land use, but will offer protection against projects such as power lines or highways. Restoration work in historical districts is also eligible for tax credits.

Still, about half a dozen landowners have been fighting the nomination in Fayette Circuit Court since November 2008. Opponents have alleged procedural flaws in the nomination process and argue that the designation would infringe on property rights.

Thomas Norton, George Norton, Carl Norton, Clyde Wilcoxen, the Gess Family Partnership and Troy Thompson are listed in plaintiffs in the suit. It names the Clark County Fiscal Court, the Clark County-Winchester Heritage Commission, the Kentucky Heritage Council, the State Historic Preservation Office and individuals affiliated with those organizations as defendants.

According to the Park Service, the upper reaches of Boone Creek was used in traditional agricultural practices between 1790 and 1958 and contains around 250 notable buildings, structures and sites. Today, it encompasses around 157 properties.

The Clark County-Winchester Heritage Commission has sought a designation for the area since June 2006, and the Kentucky Historic Preservation Review Board approved the nomination in May.

Since then, supporters and critics have sought to win support from a majority property owners, creating strife over who is considered a property owner and how the votes should be tallied.

According to the park service, the latest count on Oct. 22 showed a slight plurality of landowners in favor of the designation. Of the 182 property owners, 92 supported the measure. The count was crucial to the nomination's approval.

The listing marks the sixth district in Clark County — including two others in the Boone Creek Watershed.

On Friday, Clare Sipple, historic sites manager for the Clark County-Winchester Heritage Commission, reiterated support for the move and said landowners still have the right to use their property how they wish.

"It's such a benefit for everybody," she said. "Now the entire Boone Creek watershed is listed on the National Register."

An attempt to contact an attorney for the plaintiffs was unsuccessful.

Contact Mike Wynn at mwynn@winchestersun.com.

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