Title 11 Natural Areas and Recreation
Chapter 1 Department of Environment and Conservation § 11-1-101. Organization of department — Authority of commissioner — Historical commission. - (a) The department of environment and conservation shall be under the charge and general supervision of the commissioner of environment and conservation, who shall have the same official status as other commissioners.
- (b) The commissioner is authorized to establish divisions, bureaus or other organizational units necessary to carry out the duties imposed upon the commissioner and the department.
- (c) The commissioner is authorized to appoint such deputy and assistant commissioners as may be necessary to discharge the powers and duties of the department. In the event of absence or incapacity of the commissioner or in the event of a vacancy in the office of the commissioner, an appropriate person designated by the governor may be authorized in accordance with § 4-4-115, to exercise any and all of the powers of the commissioner until such time as the duly appointed commissioner can fulfill such commissioner's responsibilities.
- (d) The commissioner is authorized to delegate any of the powers, duties, responsibilities or authority vested in the commissioner by the laws of the state of Tennessee.
- (e) The commissioner may adopt, promulgate and enforce such rules and regulations necessary to carry out such commissioner's duties and responsibilities.
- (f) The commissioner is also authorized to adopt, promulgate and enforce rules and regulations establishing fees and charges for departmental services including, but not limited to, licenses, permits, or authorizations rendered pursuant to or required by any statute administered by the department.
- (g) The department shall have transferred and attached to it the Tennessee historical commission, for purposes of administration.
- (h)
- (1) In addition to the authority granted by chapters 3 and 6 of this title, the commissioner is authorized to commission as environmental investigation law enforcement officers those employees of the department who have successfully met standards of initial and recurrent training and qualification established by the commissioner pursuant to this subsection (h) for the commissioning of employees as environmental investigation law enforcement officers. The standards must be substantially equivalent to those established by the Tennessee peace officer standards and training commission.
- (2)
- (A) For the sole purpose of carrying out the scope of assigned duties regarding environmentally-related criminal offenses within the jurisdiction of the department as specified or limited in the sole discretion of the commissioner, each employee commissioned pursuant to subdivision (h)(1) shall have all the powers and protections of a law enforcement officer throughout this state, including, but not limited to, the authority to:
- (i) Make arrests for public offenses, execute all warrants, and serve process in criminal and penal prosecutions for such offenses;
- (ii) Carry weapons for the reasonable purposes of the employee's office while in the performance of the employee's assigned duties; and
- (iii) Assist other local, state, and federal agencies in their law enforcement duties.
- (B) When on duty, each employee commissioned pursuant to subdivision (h)(1) shall carry on the employee's person a badge and identification card that identify the commissioned employee as an officer of the department of environment and conservation. The commissioned employee shall exhibit the badge and identification card on demand and prior to making an arrest.
History (8)
- Acts 1937, ch. 33, § 70
- C. Supp. 1950, § 255.63 (Williams, § 255.73)
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- Acts 1975, ch. 143, § 1
- T.C.A. (orig. ed.), § 11-101
- Acts 1992, ch. 693, § 9
- 2021, ch. 135, § 1.
§ 11-1-102. Records and equipment of various divisions kept by department. - (a) All records, equipment and properties of the division of geology and the former Tennessee state park and forestry commission shall be kept in the department of environment and conservation.
- (b) All records, equipment and properties of the division of forestry shall be kept in the department of agriculture.
- (c) Notwithstanding any law to the contrary, the following records as defined by § 10-7-503 of any division of the department of environment and conservation shall be confidential and shall not be open for inspection by members of the public:
- (1) Concerning radioactive materials regulated by the United States nuclear regulatory commission or by a state under an agreement with the nuclear regulatory commission pursuant to § 274(b) of the Atomic Energy Act (42 U.S.C. § 2021(b)), that are not available to the public under federal law, regulation, or guidance, or nuclear regulatory commission regulatory issue summary; provided, that records made confidential pursuant to this subdivision (c)(1) may be redacted whenever possible and made open for inspection and copying;
- (2) Disclosing the specific location of threatened, endangered, or rare species that would not be available to the public under the federal law or regulation;
- (3)
- (A) Relating to a guest's use of state parks, including a state park guest's:
- (i) Name;
- (ii) Home or mobile telephone number;
- (iii) Address, including the street address or post office box number, city, state, and zip code;
- (iv) Social security number;
- (v) Email address;
- (vi) Reservation, rescheduling, and cancellation information;
- (vii) Transaction information, including but not limited to purchases of goods or services; provided, however, that this subdivision (c)(3)(A)(vii) does not apply to aggregated statistical information that does not contain personally identifying information;
- (viii) Payment and refund information, including, but not limited to, bank account, credit card, and gift certificate or gift card information;
- (ix) Driver license information;
- (x) Vehicle registrations, including, but not limited to, automobiles, boats, and off-highway vehicles; and
- (xi) Emergency contact information;
- (B) Nothing in subdivision (c)(3)(A) limits:
- (i) Access to information made confidential pursuant to subdivision (c)(3)(A):
- (a) By law enforcement agencies, courts, or other governmental agencies performing official functions;
- (b) When a guest expressly authorizes the release of such information; or
- (c) By a person seeking a report of a motor vehicle accident in accordance with § 10-7-504(a)(31)(B); or
- (ii) The creation and release of an internal investigation report to persons identified within the report, unless the report is subject to a legal privilege against disclosure; or
- (4) Containing information regarding the specific location of a site or artifact if the commissioner or the commissioner's designee determines that disclosure of such records would create a substantial risk of damage to or destruction of either the historical value of such site or artifact or private property. For purposes of this subdivision (c)(4), “site” and “artifact” have the same meaning as defined in § 11-6-102.
History (11)
- Acts 1937, ch. 33, § 70-a
- 1949, ch. 283, § 1
- C. Supp. 1950, § 255.64 (Williams, § 255.74)
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-102
- Acts 1992, ch. 693, § 10
- 2007, ch. 198, § 1
- 2017, ch. 125, § 1
- 2018, ch. 630, §§ 1, 2
- 2023, ch. 26, §§ 1, 2.
§ 11-1-103. Cooperation with wildlife resources agency — Relationships between divisions. - The several divisions located within the department of environment and conservation shall cooperate with the state wildlife resources agency, and the employees of the divisions shall lend whatever assistance is necessary to carry out the game and fish laws. Likewise, the employees of the state wildlife resources agency shall cooperate with the other divisions in the department and lend assistance whenever it is deemed necessary by the commissioner of environment and conservation, it being the purpose to coordinate fully the activities of the state wildlife resources agency with other conservation activities in the department. In the event any controversy shall arise in the department between any of the various divisions therein as to their respective duties and functions, the commissioner shall have authority to make the final decision concerning the controversy, and to define the respective limits of authority of each division.
History (6)
- Acts 1949, ch. 50, § 19
- C. Supp. 1950, § 255.69A (Williams, § 5120.37)
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- impl. am. Acts 1974, ch. 481, §§ 4, 6
- T.C.A. (orig. ed.), § 11-103.
§ 11-1-104. Political activities of officers and employees. - No member, employee or officer of the department of environment and conservation shall use such member's, employee's or officer's official authority or influence for the purpose of interfering with an election or affecting the results thereof, or for the purpose of coercing the political action of any person or body. Failure to comply with the express purpose of this section constitutes grounds for immediate dismissal.
History (6)
- Acts 1939, ch. 217, § 4
- C. Supp. 1950, § 255.68 (Williams, § 255.75d)
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-104
- Acts 2013, ch. 93, § 1.
§ 11-1-105. Acquisition of land by gift, purchase, or condemnation — Lands to be sought — Titles to state — Approval by attorney general and reporter — Recommendations to general assembly. - (a) The department of environment and conservation has the full power to acquire by gift, devise or purchase, or by the exercise of the power of eminent domain, areas, properties, lands, or any estate or interest therein, of scenic beauty, material or recreational utility, historic interest, remarkable phenomena or any other unusual features which in the judgment of the department should be acquired, preserved, and maintained for the use, observation, education, health, and pleasure of the people of Tennessee; provided, that such authority of acquisition shall be within the limits of any appropriations which may be made by the general assembly for the purchase of such properties, and the department shall have no power to purchase or contract for the purchase of any property beyond the amount contained in such appropriation.
- (b) The department has the power to institute and prosecute on behalf of the state of Tennessee any proceedings in the exercise of the power of eminent domain for the acquisition of such properties for public use in accordance with the laws relating to the exercise of such right and power.
- (c) All contracts shall be made and all titles shall be taken in the name of the state of Tennessee. The title shall be examined and approved by the attorney general and reporter before any property shall be purchased or acquired by condemnation.
- (d) The department may make recommendations to the general assembly of any other areas or properties for acquisition for which no appropriation may be made.
- (e) The department shall make diligent effort to obtain by gift lands or other property for park purposes.
- (f) All areas or properties so acquired shall be taken and held by the state for park purposes and the control and management thereof shall be vested in the department.
History (8)
- Acts 1925, ch. 55, §§ 3, 4
- Shan. Supp., §§ 3047a3, 3047a4
- mod. Code 1932, §§ 5196, 5199
- impl. am. Acts 1937, ch. 33, § 69
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-105
- Acts 1992, ch. 693, § 11.
§ 11-1-106. Personal property — Acquiring and holding. - The department is empowered to receive by bequest, gift, or otherwise, money or other personal property for park purposes, to be held and used under § 11-1-105.
History (5)
- Acts 1925, ch. 55, § 4-a, as added by Acts 1927, ch. 57, § 1
- Code 1932, § 5197
- impl. am. Acts 1937, ch. 33, § 69
- T.C.A. (orig. ed.), § 11-106
- Acts 1992, ch. 693, § 12.
§ 11-1-107. Power to convey to federal government. - (a) In the event any property at any time acquired lies in the designated area of the Great Smoky Mountain National Park, the department is empowered to convey same to the federal government as a part of the national park.
- (b) Any money so received shall be deposited with the state treasurer to the credit of the department and disbursed upon the warrant or written order of the commissioner.
History (4)
- Acts 1925, ch. 55, § 4-a, as added by Acts 1927, ch. 57, § 1
- Code 1932, § 5198
- impl. am. Acts 1937, ch. 33, §§ 69, 70a
- T.C.A. (orig. ed.), § 11-107.
§ 11-1-108. System of development and administration of land — Rules and regulations — Accounting for revenues. - (a) The department shall make a careful study of lands in the state suitable for park purposes and shall formulate and adopt a system for the proper development, preservation, and administration thereof.
- (b) The department has the power to make rules and regulations and to promulgate the same for the management and control of this property for park purposes not inconsistent with the powers and restrictions herein.
- (c) All revenue which may be derived from such property shall be accounted for by itemized annual statements, and shall go into the state treasury for state purposes; provided, that the commissioner, with the approval of the state building commission, may pledge the revenues derived from any park facility to pay for the lease or purchase of such park facility and the amounts which may be so pledged shall be applied as provided in such pledge.
History (7)
- Acts 1925, ch. 55, § 4
- Shan. Supp., § 3047a4
- Code 1932, § 5199
- impl. am. Acts 1937, ch. 33, §§ 69, 70a
- Acts 1974, ch. 775, § 1
- T.C.A. (orig. ed.), § 11-108
- Acts 1992, ch. 693, § 13.
§ 11-1-109. Violation of rules and regulations punishable as misdemeanor. - (a) Any violation of rules and regulations for the care and management of such properties as may be made under the authority of § 11-1-108 is a Class C misdemeanor.
- (b) In addition to the criminal penalty in subsection (a), the general assembly finds that it is appropriate that there be civil sanctions as well. Any person who does any of the following acts or omissions is subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs:
- (1) Any damage or vandalism to any state park;
- (2) The intentional removal or destruction in state parks of any rare, threatened or endangered species of plants as provided in §§ 70-8-304(2) and 70-8-305, and in all rules and regulations promulgated pursuant to those sections; or
- (3) Any other violation of this part or the rules promulgated under this part.
- (c) The commissioner, through the attorney general and reporter, may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation occurred, in the name of the department. In any such action, the commissioner may also recover, in addition to the civil penalty assessed under subsections (b) and (d), for any damages to the state parks that were the result of the activity.
- (d) In assessing the civil penalty, the court may consider the following factors:
- (1) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
- (2) Damages to the state park, including compensation for loss or destruction of any part of the area, resulting from the violation, as well as expenses involved in enforcing this section and the costs involved in rectifying any damage;
- (3) The cause of the violation; and
- (4) Any economic benefit gained by the violator.
- (e) Any civil penalties paid to the state pursuant to this section shall be deposited in the state park fund created by § 11-3-302.
- (f) No provision of this section shall be construed to restrict the state from recovering civil damages to state property as provided by law.
History (6)
- Acts 1925, ch. 55, § 5
- Shan. Supp., § 3047a5
- Code 1932, § 5200
- T.C.A. (orig. ed.), § 11-109
- Acts 1989, ch. 591, § 113
- 2007, ch. 486, § 1.
§ 11-1-110. Division of educational service — Director. - (a) There is hereby created in the department of environment and conservation a division to be known as the “division of educational service.”
- (b) The head of the division shall be a director appointed by the commissioner of environment and conservation.
- (c) It is the duty of the division to promote education in regard to all conservation matters and to assist the various departments, divisions, and agencies with educational programs concerning conservation as may be deemed appropriate.
- (d) The director shall perform such other duties and functions as may be directed by the commissioner.
History (4)
- Acts 1957, ch. 314, § 1
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A., § 11-110.
§ 11-1-111. Use of central office appropriations for division of educational service. - The commissioner of environment and conservation is hereby authorized and empowered to use such part of the commissioner's appropriation for the commissioner's central office as the commissioner may deem appropriate in connection with the division of educational service.
History (4)
- Acts 1957, ch. 314, § 2
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A., § 11-111.
§ 11-1-112. Park facilities — Powers and duties of commissioner. - In order to provide park facilities for the department and to enable the construction and financing thereof on lands owned by the state or by an industrial development corporation which has been created under title 7, chapter 53, but for no other purpose unless authorized by law, the commissioner, with the approval of the state building commission, in the name of the state of Tennessee, has the following powers and duties:
- (1) Without limitation by reason of any other law, the power to sell and convey title to an industrial development corporation any land and any existing buildings or facilities thereon owned by the department for such consideration upon such terms and conditions as in the judgment of the commissioner and the state building commission are in the best interest of the state;
- (2) Without limitation by reason of any other law, the power to lease to an industrial development corporation for a term or terms, not exceeding fifty (50) years each, any land and existing buildings or facilities thereon owned by the department upon such terms and conditions as in the judgment of the commissioner and the state building commission are in the best interest of the state;
- (3) The power to lease or purchase from an industrial development corporation and to make available for public use any park facility erected upon land conveyed or leased to an industrial development corporation or upon any of the land owned by an industrial development corporation upon such terms, conditions and rentals or deferred payment obligations as in the judgment of the commissioner and the state building commission are in the best interest of the state;
- (4) The power to pledge and assign all or any part of the revenues derived from the operation of such park facility as security for the payment of the rentals or deferred payment obligations due and to become due under any lease or purchase under subdivision (3), and to covenant in any such lease or purchase agreement with respect to future pledges or assignments of such revenues; and
- (5) The power to covenant and agree in any lease or purchase made under subdivision (3) to:
- (A) Impose fees, rentals or other charges for the use or occupancy or other operation of such park facility in an amount calculated to produce revenues sufficient to pay the rentals or obligations due and to become due under such lease or purchase; and
- (B) Properly account for, secure, and disburse such fees, rentals and charges.
History (4)
- Acts 1974, ch. 775, § 2
- impl. am. Acts 1959, ch. 9, § 3
- impl. am. Acts 1961, ch. 97, § 3
- T.C.A., § 11-112.
§ 11-1-113. Grants for utility systems — “Utility system” defined. - (a) Subject to the approval of the state building commission, the commissioner of environment and conservation is hereby authorized to make grants, as funds are available, to any municipality, county, town or city, utility district, public utility, or any authority, corporation, association or other organization which provides utility services, in order to assist in providing utility service to any state park, forest, or any unit of the Tennessee outdoor recreation area system authorized by § 11-3-103. Such grant shall be for construction purposes only, and shall be directly proportional to the benefits accruing to the state facility by the utility system.
- (b) “Utility system” includes water, sewerage, electric and solid waste.
History (3)
- Acts 1974, ch. 445, § 1
- T.C.A., § 11-113
- Acts 1986, ch. 912, § 3.
§ 11-1-114. Use of privately owned land for recreational purposes — Acquisition of adjacent lands. - (a) The commissioner of environment and conservation has the authority to enter into agreements with any not-for-profit corporation chartered under the laws of this state, such agreements being for the purpose of planning, providing, maintaining, and/or administering recreational and natural areas and facilities for the use by the general public.
- (b) Such authority includes the power to provide duly commissioned park rangers for the enforcement of state laws and regulations on publicly and privately owned lands or waters used as recreational areas by the general public.
- (c) Furthermore, the commissioner has the authority to acquire by gift, purchase, exchange, assumption of tax payments, or other method specifically excluding condemnation, lands or easements adjacent to or near such recreational or natural areas for the purpose of facilitating the public use of these areas.
- (d) In exercising the authority granted in this section, the commissioner shall abide by all law relating to contracts, property management, and leasing, including such regulations as may be promulgated by appropriate state officials, subject to specific appropriation of funds by the general assembly.
History (2)
- Acts 1977, ch. 439, § 1
- T.C.A., § 11-114.
§ 11-1-115. Cloverbottom Mansion. - (a) The commissioner of environment and conservation is authorized to contract with the Cloverbottom Association, subject to the approval of the state building commission, for its assistance in the renovation, repair, maintenance, operation and preservation of the Cloverbottom Mansion located in Davidson County.
- (b) This section shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to this section unless such funds are specifically appropriated by the general appropriations act and approved by the commissioner of finance and administration.
History (1)
- Acts 1988, ch. 849, §§ 1, 2.
§ 11-1-116. Policy of employing young persons to work in state parks and recreation areas. - It is the policy of the general assembly that young persons should assist in the preservation of state parks and recreation areas. The commissioner of environment and conservation is encouraged to employ persons under nineteen (19) years of age to work in state parks and recreation areas. These persons should be employed in nonhazardous duties that enhance the viability and purpose of Tennessee's pristine parks. The commissioner shall provide an annual report to the energy, agriculture and natural resources committee of the senate and to the agriculture and natural resources committee of the house of representatives on the number of persons under nineteen (19) years of age who are employed to work in state parks and recreation areas, and in which state parks and recreation areas such persons are employed.
History (3)
- Acts 2006, ch. 561, § 1
- 2012, ch. 604, § 9
- 2013, ch. 236, § 7.
§ 11-1-117. Initiation of proceedings — Injunctive relief. - The commissioner may initiate proceedings in the chancery court of Davidson County or the county in which the activities occurred against any person who is alleged to have violated or is about to violate this part or the rules promulgated under this part. In the action, the commissioner may seek, and the court may grant, injunctive relief and any other relief available in law or equity.
§ 11-1-118. Promulgation of rules to create commercial use authorization. - The commissioner of environment and conservation shall promulgate rules that take effect by July 1, 2021, to create a commercial use authorization to allow persons wanting to engage in commercial activities at one (1) or more state parks or state natural areas to obtain a permit to do so. The rules must include fees structured to promote park self-sufficiency and economic development.
Chapter 3 State Parks Part 1 General Provisions § 11-3-101. “Park” defined. - For the purposes of the department of environment and conservation, “park” means and includes any and all areas of land heretofore or hereafter acquired by the state, which by reason of having natural and historic features, scenic beauty or location, possess natural or potential physical, aesthetic, scientific, creative, social or other recreational values, and are dedicated to and forever reserved and administered by the state for the recreational and cultural use and enjoyment of the people.
History (5)
- Acts 1937, ch. 266, § 1
- C. Supp. 1950, § 630.1
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-301.
§ 11-3-102. Preservation in natural condition. - Every park under this part shall be preserved in a natural condition so far as may be consistent with its human use and safety, and all improvements shall be of such character as not to lessen its inherent recreational value.
History (3)
- Acts 1937, ch. 266, § 2
- C. Supp. 1950, § 630.2
- T.C.A. (orig. ed.), § 11-302.
§ 11-3-103. Classification and designation of areas — Administration of state park system — Division of parks and recreation. - (a) All parks, monuments and other areas used primarily for recreational purposes shall be properly classified under the supervision of the department of environment and conservation, and the department shall, upon approval of the classification, designate the areas comprising the state park system, the state park system to be administered through a division of parks and recreation in the department.
- (b)
- (1) Notwithstanding any other law to the contrary, the state park designated as “Pickett State Park” is hereby redesignated as “Pickett Civilian Conservation Corps (CCC) Memorial State Park.”
- (2) The department shall erect suitable markers and/or affix suitable signs designating such park as the “Pickett Civilian Conservation Corps (CCC) Memorial State Park.”
History (6)
- Acts 1937, ch. 266, § 3
- C. Supp. 1950, § 630.3
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-303
- Acts 1994, ch. 951, § 1.
§ 11-3-104. Cooperation for park purposes. - The state, counties, municipalities, and all political subdivisions of Tennessee are empowered to cooperate with each other, and with other states, and with the United States government, or any agency thereof, in planning, establishing, improving, or maintaining any park or other recreational area or monument.
History (3)
- Acts 1937, ch. 266, § 4
- C. Supp. 1950, § 630.4
- T.C.A. (orig. ed.), § 11-304.
§ 11-3-105. Eminent domain. - In the acquisition of sites or boundaries of land for parks to be used for any one (1) or more of the purposes recited in this part, the state is authorized to exercise the power of eminent domain when the governor so orders.
History (3)
- Acts 1941, ch. 104, § 1
- C. Supp. 1950, § 630.5
- T.C.A. (orig. ed.), § 11-305.
§ 11-3-106. Expenditures by political subdivisions. - Every county, municipality, and other political subdivision of this state is empowered to expend money from available sources to aid in the purchase of areas within the county, municipality or political subdivision for park purposes within the meaning of this part, the park to become the property of the state, to be improved, cared for and administered by the department of environment and conservation as a part of the state park system hereinabove mentioned; provided, that the governor and commissioner of environment and conservation shall have first agreed in writing to accept the same.
History (5)
- Acts 1937, ch. 266, § 5
- C. Supp. 1950, § 630.5
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-306.
§ 11-3-107. Parks and recreation division employees — Commissioned law enforcement officers. - (a) The division of parks and recreation is authorized to employ a suitable number of persons as park rangers, ranger naturalists, park managers and in other positions, however designated or named, having qualifications established by the division of parks and recreation, and approved by the department of human resources. They will manage and supervise the operation of the state parks and other recreational areas managed or administered by the division; provided, that persons employed as park rangers as of January 1, 1986, who meet the qualifications set out by this section as it existed on January 1, 1986, shall not be denied promotion to a position as park manager or any equivalent position because of not meeting any more stringent qualifications which may be established pursuant to this subsection (a).
- (b)
- (1) Employees of the division of parks and recreation, when properly trained and qualified, may be commissioned by the commissioner of environment and conservation as law enforcement officers. When so commissioned, they shall have all of the police powers necessary to enforce all state laws, rules and regulations, within the state parks, state forests, state natural areas, all other state-owned areas under the jurisdiction of the division, and all recreational areas which are administered or managed by the division under lease, easement or other agreement with any public or private owner of the property. The commissioned employees of the division shall have all police powers necessary to apprehend and arrest any person within the state, for any violation of state law or rule or regulation of the division committed on any state park or other area described above. They shall enforce the laws, rules and regulations and maintain order, for the protection of state property and the public welfare. They shall have the right to carry firearms or other arms while on duty as commissioned law enforcement officers of the division. It is the responsibility of the division to assure that law enforcement duties are pursued with the utmost awareness and care and not to the detriment of the primary responsibilities of rangers and managers, which are to provide for visitor information and education, to manage and maintain park resources and personnel and to conduct recreation programs.
- (2) The employees commissioned under subdivision (b)(1) may also provide both law enforcement and search and rescue assistance outside of the areas described in subdivision (b)(1) at the request of federal, state, or local officials if such assistance is necessary for the protection of life, health, or safety. For the purposes of rendering such assistance, the commissioned employees shall have all the powers and protections of a law enforcement officer throughout the state.
- (c)
- (1) Notwithstanding title 12, chapter 2, part 4, when the division of parks and recreation makes a determination to retire an equine from service, the park ranger, ranger naturalist, park manager or any other similar employee who has used the equine to carry out such person's duties as a law enforcement officer or as an employee of the division of parks and recreation, may take possession of the equine upon paying to the division of parks and recreation the value assigned to the equine pursuant to subdivision (c)(3).
- (2) Upon taking possession of a retired equine pursuant to subdivision (c)(1), the park ranger, ranger naturalist, park manager or any other similar employee shall be responsible for all costs associated with maintaining such equine.
- (3) The division of parks and recreation is authorized to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, necessary to carry out this subsection (c) including establishing a value for the equine at the time the decision is made to retire the equine from service.
- (d) The division of parks and recreation, with the approval of the department of human resources, shall establish standards of training and qualification for the commissioning of employees as law enforcement officers, and for in-service training of its commissioned employees. Training standards shall be consistent with those established by a recognized agency such as the Tennessee peace officer standards and training commission, the Jerry F. Agee Tennessee Law Enforcement Training Academy or the department of interior, national park service.
- (e) After twenty-five (25) years of honorable service by a commissioned employee, the department of environment and conservation, bureau of state parks and recreation shall authorize the employee, upon retirement, to retain such employee's service weapon in recognition of the employee's many years of good and faithful service. A commissioned employee who retires on disability retirement also may be authorized to retain that employee's service weapon.
History (10)
- Acts 1947, ch. 228, §§ 1-5
- mod. C. Supp. 1950, § 630.5A (Williams, §§ 630.30-630.34)
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-307
- impl. am. Acts 1979, ch. 93, § 1
- Acts 1986, ch. 912, § 4
- 2002, ch. 548, § 1
- 2010, ch. 843, § 1
- 2021, ch. 135, § 2.
§ 11-3-108. Authority to sell surplus park land — Authorization. - The department of environment and conservation is authorized to sell certain tracts of land which are surplus to the needs and benefit of the state of Tennessee, and now being used for state park purposes. The land shall be sold only upon authorization of the national park service, department of interior, and under such terms and conditions as it may require.
History (5)
- Acts 1949, ch. 163, § 1
- C. Supp. 1950, § 630.5B
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-308.
§ 11-3-109. Execution of deed — Approval. - (a) Upon receipt of such authorization and terms and conditions from the national park service, the commissioner of environment and conservation is hereby authorized to execute a deed on behalf of the state of Tennessee, transferring and conveying whatever interest the state of Tennessee might have in the tract of land.
- (b) The deed of conveyance shall be approved by the governor and attested by the secretary of state.
History (5)
- Acts 1949, ch. 163, § 2
- C. Supp. 1950, § 630.5C
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-309.
§ 11-3-110. Use of proceeds of sale. - All funds received from any of such sales of land shall be invested in capital improvements in that particular state park from which the sale was made.
History (3)
- Acts 1949, ch. 163, § 3
- C. Supp. 1950, § 630.5D
- T.C.A. (orig. ed.), § 11-310.
§ 11-3-111. Lease and license arrangements — Special events permits and licenses — Native craft products. - (a) The commissioner of environment and conservation, with the approval of the state building commission and attorney general and reporter, may enter into lease agreements for the operation of existing facilities and the development, construction, and operation of new facilities on lands under the control or supervision of the department of environment and conservation where the leases are deemed necessary, in the discretion of the commissioner, for improved utilization of state lands and facilities in the public interest. Such facilities or developments shall include, but not be limited to: boat docks, fishing piers, camp sites, trailer camps, golf courses, recreational facilities, hotels, motels, restaurants, retail stores, forests, natural areas, and historic sites. The leases may contain a provision giving the lessee the option of renewing the lease upon like terms and conditions and for the same term. The leaseholds may be sold; provided, that they have been approved by the commissioner, the governor, and the attorney general and reporter, and any sale made without their approval shall be void. Any lease agreements entered into in accordance with this section shall be entered into only after sealed bids have been submitted to the commissioner of environment and conservation on the facilities to be leased and all applicable provisions of law have been complied with which relate to contracts, property management, and leasing, including such regulations as may be promulgated by appropriate state officials.
- (b) The director of the division of parks and recreation, with the approval of the commissioners of environment and conservation and finance and administration, may enter into license agreements which allow the licensee to operate facilities or to conduct business operations within state parks, where this is deemed necessary for the best utilization of state parks for public recreational purposes, under the following conditions:
- (1) The intended use or occupancy of park lands or facilities by the licensee is seasonal or is of a nature that makes it inappropriate for the state to enter into a lease agreement;
- (2) The license is for a term not to exceed three (3) years, and may be terminated by the director, without cause; and
- (3) The license agreement is entered into only after written proposals have been solicited by advertisement in a newspaper of general circulation in the county where the park is located, except that a license agreement for a term not to exceed ninety (90) days may be negotiated and entered into without such advertisement in order to obtain an operator for a facility which is vacant because a previous lease or license has expired or has been terminated.
- (c) The director may issue permits or licenses to any government, public agency, individual, corporation, association or other organization for terms of not more than ten (10) days for the use of areas or facilities within state parks for special events, where this is deemed to enhance the use of the parks for public recreational purposes. The commissioner of environment and conservation shall promulgate rules which establish policies, rules and procedures applicable to the issuance of permits and licenses pursuant to this subsection (c). Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Such rules shall also be reviewed and approved by the commissioner of finance and administration before becoming effective.
- (d) Any person or business entity who occupies property in a state park, under a lease or license, in which crafts or souvenirs are sold, shall maintain an inventory, twenty-five percent (25%) of which is in crafts native to this state, if such crafts are readily available. This provision shall become the basis of a section of every such new lease or license and every such lease or license that is renegotiated with the present tenant or licensee.
History (7)
- Acts 1976, ch. 783, § 1
- 1977, ch. 176, § 1
- 1979, ch. 140, § 1
- T.C.A., § 11-313
- Acts 1980, ch. 696, § 1
- 1986, ch. 912, § 5
- 1988, ch. 652, §§ 1, 2.
§ 11-3-112. Purchasing authority. - (a) Notwithstanding any law to the contrary, the commissioner of environment and conservation has the authority to cause to be purchased and to develop the method for purchasing, without the approval of any other agency of state government, services, raw materials, merchandise for resale, supplies and equipment necessary for provision of quality services for state park operations. This section shall not be construed to allow the department to contract for services previously accomplished for the parks by state employees or for services that could reasonably be expected to be accomplished by state employees.
- (b) It is the responsibility of the commissioner of environment and conservation to develop policies and procedures to ensure, to the extent practicable, that purchases made on behalf of park operations are at the lowest possible price while at the same time ensuring quality and timely delivery. The commissioner shall file such policies and procedures with the procurement commission for the commission's review and approval.
- (c) The commissioner has the authority to purchase supplies and equipment through the department of general services and is encouraged to exercise the option to purchase through the department under title 12, chapter 3, in circumstances which are advantageous for the timely delivery of low cost, quality products.
- (d) For purposes of this section, “park operations” means a park facility used in connection with fee-based recreational activities or intended to be revenue-generating, including, but not limited to: a lodge, inn, cabin, campground, group camp, restaurant, golf course, gift shop, marina or other boat rental facility, visitors center, meeting space, skeet range, snack bar, shelter, or vending machine.
- (e) No expenditure of public funds pursuant to this section shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d).
History (4)
- Acts 2001, ch. 407, §§ 2-4
- 2004, ch. 773, § 1
- 2011, ch. 295, § 19
- 2024, ch. 578, § 1.
§ 11-3-113. Reimbursement of green fees from certain agencies. - If the golf course is located in a state park, but operated by a municipal or county government agency under contract with the department of environment and conservation, the department shall reimburse the operating agency for any green fees waived under [former] § 11-3-112 [repealed] and this section.
History (2)
- Acts 1974, ch. 420, § 2
- T.C.A., § 11-312.
§ 11-3-114. Clear-cutting. - (a) The commissioner of environment and conservation shall prohibit the forestry practice of clear-cutting in all state parks. The department of environment and conservation shall not conduct clear-cutting operations in such parks, nor permit any other person or lessee to conduct clear-cutting operations in such parks.
- (b) Notwithstanding subsection (a), clear-cutting may be permitted in state parks in cases of natural disaster or insect infestation provided that the department of environment and conservation has determined prior to any such clear-cutting that it is a reasonable and appropriate response to such disaster or infestation and that it is consistent with the department's duty to preserve and maintain the parks. Such clear-cutting may occur only in a manner approved in advance by the department.
History (1)
- Acts 2002, ch. 608, §§ 1, 2.
§ 11-3-120. Management plan. - (a) The department of environment and conservation is hereby directed to formulate a long-range plan, hereinafter referred to as a “management plan” for each state park. Each such management plan shall include the following:
- (1) Funding requirements for state parks and an analysis of whether the revenue-generating facilities on the park are self-sustaining;
- (2) Facilities preservation, maintenance and utilization;
- (3) Management and personnel staffing, training, compensation and professional development;
- (4) Preservation, development and expansion of existing and new park resources and facilities;
- (5) Educational programming; and
- (6) Land acquisition.
- (b) Each management plan shall include goals and projections for state parks for the next ten (10) years and shall be updated every five (5) years by the department. Each management plan shall be posted on the department's website. Prior to updating each management plan, the department shall conduct public hearings after public notice has been given in accordance with title 8, chapter 44. Public hearings shall be conducted in each park or in the vicinity of each park regarding any update to the management plan. Notice of these public hearings shall be given to any friends groups or other groups with a particular interest in the particular park. The department shall consider all written and oral comments received in these hearings and shall document its responses to such comments. The department shall submit by March 1 of each year, to the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate, a report outlining any major deviations from the management plans in the previous year and the reasons therefore.
- (c) The department shall not commence construction on a new capital project in a state park that costs in excess of the amount for major maintenance, as defined in § 4-15-107, until the project is provided for in the park's current management plan and the project has been approved by the state building commission. The construction costs for such new capital projects other than those provided for in the management plan shall not be funded until the management plan is appropriately updated.
History (5)
- Acts 1998, ch. 1083, § 6
- 2010, ch. 857, § 1
- 2012, ch. 604, § 10
- 2013, ch. 236, § 6
- 2022, ch. 921, § 2.
§ 11-3-121. Rate discounts. - (a) The commissioner shall offer discounted rates for activities at the state parks to senior citizens, disabled persons, state employees, members of the Tennessee national guard, and any other group that the commissioner deems appropriate for such treatment. The specific activities where these discounts would apply as well as the timing and amount will be left to the commissioner's discretion.
- (b)
- (1)
- (A) The commissioner shall offer discounted rates for activities at state parks to veterans who are Tennessee residents.
- (B) The commissioner shall offer a year-round discount in the amount of no less than fifty percent (50%) for camping and overnight cabin lodging fees at state parks to a veteran who:
- (i) Has a service-connected disability that is determined by the veterans' administration to constitute a one hundred percent (100%) permanent total disability; and
- (ii) Is a resident of this state.
- (C) Certification from the veterans' administration indicating the veteran's percentage of service-connected disability and proof of Tennessee residency must be presented in order to receive the discounted fee. This discount is subject to availability, as determined by the commissioner, and only applies to reservations made within thirty (30) days of the intended stay.
- (D) Except for the discounts required by subdivision (b)(1)(B), the commissioner may determine the specific activities for which other discounts would apply, as well as the timing and amount of each discount; provided, that the other discounts must only be offered to resident veterans during the off season.
- (2) For purposes of this subsection (b), “veteran” means a former member of the United States armed forces or a former member of a reserve or Tennessee national guard unit who was called into active military service of the United States, as defined in § 58-1-102, and who served honorably, as defined in § 49-7-102.
- (3) For purposes of this subsection (b), “off season” means a period or periods of time, as determined by the commissioner, during which state park activities and facilities traditionally operate at less than full capacity.
- (c) No public official shall be given the right to play golf free for life or for any other extended period of time on courses in state parks, unless such action is authorized by the agriculture and natural resources subcommittee of the house of representatives, and approved by such standing committee of the house of representatives, as well as approved by the energy, agriculture and natural resources committee of the senate. Such prohibition includes green fees, golf carts and free supplies or equipment. Nothing in this subsection (c) shall prohibit the management of a golf course in state parks from occasionally extending free play to such public officials under appropriate circumstances.
History (7)
- Acts 2000, ch. 950, § 2
- 2003, ch. 73, § 1
- 2009, ch. 207, § 1
- 2012, ch. 604, § 11
- 2013, ch. 236, § 8
- 2019, ch. 389, § 1
- 2021, ch. 521, § 1.
§ 11-3-122. Driving a golf cart within state park. - In state parks, a golf cart, as defined by § 55-1-123, may only be driven on golf courses in accordance with state park rules and policies and on the paved roads within the campgrounds, subject to regulation by state parks to protect public safety. Nothing in this section shall prohibit the department of environment and conservation from requiring a valid driver license for the operation of a golf cart within the properties described in this section.
History (1)
- Acts 2008, ch. 1081, § 1.
§ 11-3-123. Manner of maintenance — Easy access. - The department of environment and conservation is encouraged to maintain the state park system in a manner that is conducive to use by all persons and that provides such persons with easy access to all public areas within the parks.
History (1)
- Acts 2008, ch. 1081, § 1.
Part 2 Nonprofit Organizations for Support and Enhancement of State Parks § 11-3-201. Legislative findings and intent. - The general assembly finds that in order to maintain and enhance the purposes, programs and functions of the state park system, including, but not limited to, educational, interpretative and recreational functions, nonprofit citizen support organizations may be organized, and the commissioner of environment and conservation, after approval of the commissioner of finance and administration, may enter into agreements with such organizations for the purpose of providing support, financial and otherwise, to a specific park or parks, or the state park system. The agreement shall be forwarded to the comptroller of the treasury for review and comment prior to the execution by any state official. It is the intent of this legislation that any revenues generated by these organizations be used to enhance the state parks and their programs. To that end, it is the intent that state appropriations to the parks not be reduced when revenues are generated by these organizations.
History (2)
- Acts 1993, ch. 40, § 1
- 1994, ch. 753, §§ 1, 2.
§ 11-3-202. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Citizen support organization” means an organization which:
- (A) Is organized as a nonprofit corporation, or is otherwise qualified to do business in Tennessee as a nonprofit corporation, pursuant to title 48, chapter 51;
- (B) Is exempt from payment of federal income taxes pursuant to § 501(c) of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)), as it may be amended;
- (C) Is incorporated for purposes which are consistent with the goals, objectives, programs, responsibilities and functions of the state park system as provided in title 11, as determined by the commissioner; and
- (D) Provides equal opportunities and membership to all persons regardless of race, color, national origin, sex, religion, age, disability or other constitutionally protected classification;
- (2) “Commissioner” means the commissioner of environment and conservation or the duly authorized representative or, in the event of the commissioner's or representative's absence or vacancy in the office of commissioner, the deputy commissioner;
- (3) “Department” means the department of environment and conservation; and
- (4) “Park” means an area as defined at § 11-3-101, and includes, but is not limited to, state natural areas, archaeological areas, historic areas, parks, scenic rivers, scenic trails and state forests.
History (2)
- Acts 1993, ch. 40, § 2
- 2011, ch. 47, § 6.
§ 11-3-203. Agreements. - The commissioner may enter into an agreement with a citizen support organization for purposes consistent with this part if the commissioner determines it is in the best interest of a specific park or the park system generally.
§ 11-3-204. Activities. - A citizen support organization which enters into an agreement with the commissioner may provide support, assistance or cooperation to a specific park or to the park system in general, including, but not limited to:
- (1) The provision of educational or interpretative material for sale;
- (2) The provision of exhibits and materials for display and related equipment and material;
- (3) The provision of financial support, whether through donation, gift or otherwise, for park programs, property or other park purposes;
- (4) The provision of volunteer personnel services or monetary contributions for adding state positions for park services;
- (5) The provision of equipment or other goods; and
- (6) The gift or donation of money to fund programs and exhibits or to procure equipment, materials, books or services.
§ 11-3-205. Use of state park property and facilities. - If the commissioner enters into an agreement with a citizen support organization, the commissioner may authorize such organization to use, under such conditions as the commissioner may prescribe, property or facilities of the state park system to carry out its support activities.
§ 11-3-206. Assistance by the commissioner. - The commissioner, through the director of the division of state parks, may assist organizers of a citizen support organization with its creation and may provide technical assistance to the organization after its incorporation. However, it is the responsibility of the citizen support organization to ensure that the organization is lawfully incorporated and operating.
§ 11-3-207. Audits — Books and records. - (a) All annual reports and all books of accounts and financial records of a citizen support organization shall be subject to audit annually by the comptroller of the treasury. With prior approval of the comptroller of the treasury, the audit may be performed by a licensed independent public accountant selected by the citizen support organization. If an independent public accountant is employed, the audit contract between the citizen support organization and the independent public accountant shall be on contract forms prescribed by the comptroller of the treasury. The cost of any audit shall be paid by the citizen support organization; provided, that in the case of any audit performed by the comptroller of the treasury of any citizen support organization having gross receipts of less than twenty-five thousand dollars ($25,000) for the fiscal period under audit, the cost of such audit shall be paid by the state.
- (b) The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.
- (c) One (1) copy of each audit shall be furnished to each member of the board of the citizen support organization, the department and the comptroller of the treasury.
- (d) The department and the comptroller of the treasury, or their designated representative, shall have access to the citizen support organization's books, records and accounts whenever deemed necessary by either office.
- (e) If the comptroller of the treasury determines that due to size or insignificant financial activities by a citizen support organization the requirement of this section for an audit is unnecessary or would be burdensome on a citizen support organization, then the comptroller of the treasury may waive the required audit.
History (2)
- Acts 1993, ch. 40, § 7
- 1994, ch. 753, § 3.
§ 11-3-208. Gifts and donations. - (a) Any monetary gifts, donations or otherwise received by the department, the commissioner, the division of state parks or by a specific park from a citizen support organization and designated by the citizen support organization for the benefit of a specific park or the park system in general, shall be deposited directly to the account for the specific park or to the general account for the division of state parks, shall not revert to the general fund at the end of the fiscal year and shall be retained in the account until expended, notwithstanding title 9, chapter 4, or such other provisions requiring all funds be deposited into or revert to the general fund.
- (b) Any gifts of equipment, materials, or other personal property to a specific park shall be used solely at that park unless the commissioner determines its use at another park is necessary.
§ 11-3-209. Dissolution. - In the event a citizens support organization dissolves, any funds remaining after dissolution shall be donated to the division of state parks and shall be deposited, as provided in § 11-3-208, and applied for the provision or expansion of state park programs, services or facilities.
§ 11-3-210. Rules and regulations. - The commissioner is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, which the commissioner deems necessary to administer this part.
Part 3 State Park Funding § 11-3-301. Legislative intent. - It is the legislative intent that people who use the state parks be given the opportunity to voluntarily contribute to the maintenance, renovation, promotion, expansion, recreational and educational programs, and operations of such parks. Each state park shall provide a collection point, box or other suitable arrangement at which park users may make donations to the state park fund, with the exception of those state parks that the commissioner of environment and conservation may certify as not being suitable for the collection of such fee.
History (1)
- Acts 1998, ch. 1083, § 1.
§ 11-3-302. State park fund. - (a) There is created a special agency account in the state general fund to be known as the “state park fund,” hereinafter referred to in this part as the “fund.”
- (b) Any fund balance remaining unexpended at the end of a fiscal year in the fund shall be carried forward into the subsequent fiscal year.
- (c) Interest accruing on investments and deposits of the state park fund shall be carried forward into the subsequent fiscal year.
- (d) Unless otherwise specified in this part, the funds realized from voluntary contributions generated from the operation of state parks under the control or supervision of the division of parks shall be deposited in the fund. No part of the fund shall be diverted to the general fund or any other public fund.
- (e) Moneys in the fund shall be invested by the state treasurer in accordance with § 9-4-603. The fund shall be administered by the commissioner of environment and conservation.
- (f) Moneys in the fund shall only be expended and obligated in accordance with appropriations made by the general assembly.
- (g) Moneys in the fund shall only be expended in accordance with this part.
- (h) Any revenues realized from user fees charged by the state parks shall be deposited in a sub-account within the fund which shall be governed by this part except the restriction regarding salaries in § 11-3-304.
- (i) Any revenues derived from the payment of fees charged at state parks and any fines, penalties, forfeitures, or contraband allocated to state parks pursuant to state law shall be deposited in the fund.
History (3)
- Acts 1998, ch. 1083, § 3
- 2000, ch. 921, §§ 2, 3
- 2004, ch. 847, § 2.
§ 11-3-303. Expenditures. - The fund shall be used for expenditures for state parks, including, but not limited to:
- (1) The administration of state parks;
- (2) The purchase of lands and rights therein suitable for management by the division of state parks;
- (3) The renovation, equipment, maintenance and upkeep of managed property and all buildings and structures related thereto;
- (4) The construction of suitable buildings, recreational facilities, parking lots, trails, campgrounds, picnic areas, scenic areas, cabins, inns, golf courses, swimming facilities, restaurants, marinas, docks and structures necessary for the use and enjoyment of state parks;
- (5) The promotion, advancement and efficient management of state parks and their resources, including educational activities to that end; and
- (6) Any other purpose determined by the commissioner of environment and conservation to be necessary or beneficial to implement this title.
History (1)
- Acts 1998, ch. 1083, § 4.
§ 11-3-304. Excluded uses of funds. - No voluntary contributions or donations made pursuant to this part shall be used to pay salaries of employees or administrators of such state parks.
History (1)
- Acts 1998, ch. 1083, § 5.
§ 11-3-305. Self-sufficiency of revenue-generating facilities. - It is the legislative intent that the following types of revenue-generating facilities at state parks shall be self-sufficient by the fiscal year 2007-2008: marinas, campgrounds, golf courses, cabins, gift shops, restaurants and inns. “Self-sufficient” means that the revenue generated at all such facilities collectively is sufficient to cover all of the direct operational costs incurred at those facilities. Nothing in this section shall be construed to automatically require the closing of any park or facility which is not individually self-sufficient.
§ 11-3-306. State parks hospitality maintenance and improvement fund. - (a) There is hereby created within the general fund a special account to be known as the “state parks hospitality maintenance and improvement fund.” The commissioner must deposit revenue generated by the revenue-generating facilities enumerated in § 11-3-305 into the fund in such a manner that the total amount of revenue deposited each fiscal year, at a minimum, is equal to two percent (2%) of the annual gross revenue generated by the facilities.
- (b)
- (1) Any unencumbered funds and any unexpended balance of the state parks hospitality maintenance and improvement fund remaining at the end of a fiscal year shall not revert to the general fund, but instead must be carried forward until expended in accordance with this part.
- (2) Interest accruing on investments and deposits of the state parks hospitality maintenance and improvement fund must be returned to that fund and remain a part of that fund.
- (3) Moneys in the state parks hospitality maintenance and improvement fund must be invested by the state treasurer for the benefit of the state parks hospitality maintenance and improvement fund pursuant to § 9-4-603. The commissioner of environment and conservation shall administer the state parks hospitality maintenance and improvement fund.
- (4) The state parks hospitality maintenance and improvement fund may provide for:
- (A) Routine maintenance on the revenue-generating facilities enumerated in § 11-3-305;
- (B) Major maintenance and renovation projects for the revenue-generating facilities enumerated in § 11-3-305;
- (C) Capital improvements to the revenue-generating facilities enumerated in § 11-3-305; and
- (D) Maintenance to or improvements of the accommodations of the revenue-generating facilities enumerated in § 11-3-305, including, but not limited to, acquiring, maintaining, repairing, or upgrading the furniture, fixtures, carpet, equipment, or decor.
- (c) If net revenue generated by the revenue-generating facilities enumerated in § 11-3-305 exceeds the need for self-sufficiency of the revenue-generating facilities, then the net revenue does not revert to the general fund and may be applied to state parks in an appropriate manner as determined by the commissioner of environment and conservation.
History (2)
- Acts 2004, ch. 847, § 4
- 2022, ch. 921, § 3.
§ 11-3-307. Use of unexpended balances of appropriations. - Any unexpended balances of appropriations not otherwise addressed in this part that are set out for the purposes of defraying the operational expenses of state parks and state parks modernization shall not revert to the general fund and may be applied for such purposes in an appropriate manner as determined by the commissioner of environment and conservation.
Chapter 4 State Forests Part 1 General Provisions § 11-4-102. Purpose. - The general assembly recognizes that the forests of Tennessee are a valuable natural resource that provide significant economic and social benefits to the citizens of the state. It is further recognized that efforts are needed to effectively protect and develop those forests in a manner that assures the perpetuation of long-term public benefits. In response to such needs, the general assembly has created the Tennessee Forestry Act. The purpose of this chapter is to establish a state forestry organization that is responsible for the development and administration of those programs and services that ensure effective protection, management, and reforestation of Tennessee's forests.
§ 11-4-103. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Commission” means the state forestry commission;
- (2) “Commissioner” means the commissioner of agriculture;
- (3) “Department” means the department of agriculture;
- (4) “Division” means the division of forestry within the department;
- (5) “Forestry” means the professional application of scientific principles in the management and use of forest land;
- (6) “Forests” means those lands currently occupied by trees of any size and species which may or may not have commercial value but are capable of providing multiple use benefits;
- (7) “Multiple use” means the management and use of forests such that a variety or mix of natural resource benefits are derived from that land. “Multiple use” includes, but is not limited to, a combination of timber production, demonstration, watershed protection, wildlife management, recreation, and aesthetics;
- (8) “Protection” means the application of such technology and services as may be necessary to minimize mortality and loss of growth occurring in forests as a result of wild fire, insects, disease, and other causal agents;
- (9) “Reforestation” means the artificial or natural regeneration of trees on bare land, eroded sites, or previously forested areas;
- (10) “State forester” means the director of the division of forestry;
- (11) “State forests” means those lands owned by the state and administered under the jurisdiction of the division, for the purpose of multiple use; and
- (12) “Vendor services” are contract services for a fee, provided by division personnel, and includes such assistance as tree planting, site preparation, and timber stand improvement.
History (8)
- Acts 1937, ch. 280, § 5
- C. Supp. 1950, § 630.9 (Williams, § 630.10)
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-404
- Acts 1984, ch. 978, § 1
- 1986, ch. 652, § 4
- T.C.A., § 11-4-104.
Part 2 Forestry Commission § 11-4-201. Creation — Members — Powers and duties. - (a) There is created within the department a state forestry commission. The commission shall consist of seven (7) members, each of whom shall be a citizen of this state, and be eighteen (18) years of age or older. Each member shall be appointed by the governor. In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person appointed to serve on the commission is a member of a racial minority.
- (b)
- (1) The initial appointments of the commission shall be made by the governor in the following manner:
- (A) Two (2) of the members shall be the owners of not more than five hundred (500) acres of forests within the state;
- (B) One (1) of the members shall be the owner or representative of an owner of five hundred (500) acres or more of forests within the state;
- (C) One (1) of the members shall be a representative of a pulp and paper industry operating in this state;
- (D) One (1) of the members shall be a representative of the hardwood products industry operating in this state;
- (E) One (1) of the members shall be an active member of a statewide conservation organization having as one (1) of its principal objectives the conservation and use of the forest resource; and
- (F) The remaining member shall be appointed by the governor from the public at large.
- (2) Two (2) members shall be appointed for a period of two (2) years, three (3) members shall be appointed for a period of four (4) years, and two (2) members shall be appointed for a period of six (6) years, as designated by the governor in the governor's appointments. At all times at least three (3) of the members shall hold a forestry degree from an institution accredited by the Society of American Foresters and shall have at least five (5) years' experience in forest related activity.
- (c) Upon the expiration of such terms, appointments thereafter shall be for a period of five (5) years and until their respective successors in office have been appointed. A member shall serve no more than two (2) terms. Initial appointments shall be made and confirmed by March 1, 1985, and members shall serve until July 1 of each year in which their term expires. The position of any member shall become vacant when such member misses, without cause, more than two (2) consecutive meetings of the commission. Cause shall be determined by the commission. Appointments of new members and appointments to fill vacancies shall be confirmed by the general assembly as soon as practical but no later than the end of the first session of the general assembly following the appointment.
- (d) If a vacancy occurs, the governor shall appoint a person to fill the remainder of the unexpired term. The commissioners of environment and conservation and agriculture and the executive director of the Tennessee wildlife resources agency, or their designees, shall serve as nonvoting members of the commission.
- (e) The commission shall elect from its membership a chair, vice chair and a secretary who shall serve for a period of one (1) year. The commission shall meet at such time and place as designated by the commission or the chair thereof, but the chair shall call a meeting at least four (4) times a year. The first meeting shall be called by the commissioner of agriculture within sixty (60) days after the appointment and confirmation of the members. The division shall provide the commission with suitable meeting space and any necessary clerical and technical assistance.
- (f) The commission members shall receive no compensation but shall be reimbursed for their travel expenses while engaged in the work of the commission. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
- (g)
- (1) It is declared to be the legislative intent that the commission shall place first and foremost the welfare of the state's forest resources in the commission's planning and decisions, and to encourage the multiple development and use of the state's forest resources to the benefit of all of the citizens of Tennessee, including, but not limited to, the creation of a comprehensive long-range forest resource plan to integrate the division's efforts and to implement and encourage full utilization of Tennessee's forests and other related resources with sound conservation principles.
- (2) It is further declared that the commission be given authority by and through this chapter to formulate and recommend state forestry policies to the governor and that the commissioner shall be responsible for administering the state's forestry policies and programs through the division.
- (h) The commission shall have and exercise the power, duty and responsibility to formulate and recommend to the governor state forestry programs which shall include the following:
- (1) Adequate fire protection for all state and privately owned forests within the state;
- (2) The production and distribution of high quality forest tree seedlings to meet the reforestation needs in the state;
- (3) Promotion of reforestation;
- (4) Forest management assistance to landowners;
- (5) Educational programs for the purpose of promoting a better understanding of forest activities' values and benefits to be received from forests by the citizens of the state;
- (6) Distribution of information concerning the state's timber and forest resources;
- (7) Management of state forests;
- (8) Management of trees in urban areas;
- (9) Promotion of effective forest products utilization;
- (10) Promotion of the development and expansion of markets for forest products;
- (11) Cooperative agreements with the federal government with respect to the protection of timbered and forest-producing land from fire, insects and disease; the acquisition of forests to be developed, administered and managed as state forests; the production, procurement and distribution of trees; the implementation of an educational program; the assistance of the owners of farms to establish, improve and renew forests and other valuable forest growths; and the collection and publication of data relative to timber and forest resources or any other program which will assist the commission in fulfilling the purposes of this chapter; and
- (12) Protection of forest soil and the quality and quantity of water.
- (i) The commission is directed and authorized to perform the following duties and functions:
- (1) Submit names for the position of state forester in accordance with § 11-4-301(a);
- (2) Approve the annual budget as submitted to the commission by the state forester. The commission shall review the budget proposal and submit its approved budget request to the commissioner for the commissioner's consideration. Any recommended changes made in the budget request by the commissioner must be justified in writing and attached to the commission's budget request when submitted to the department of finance and administration. During the budgetary process, the commission shall have the opportunity to meet with the department of finance and administration and both the house of representatives and senate committees on finance, ways and means relative to the forestry budget proposal as recommended by the commission;
- (3) Make an annual report to the governor, the commissioner, the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate or their successor committees concerning the activities and accomplishments of the commission for the preceding year;
- (4) Recommend to the general assembly legislation to protect, conserve, and develop resources of the state;
- (5) Approve the division's comprehensive long-range plan for the state's forest resources;
- (6) Establish state forestry policies which will enable the division to manage and maintain programs of fire protection, forest pest management, reforestation, landowner assistance, utilization, marketing, communications, education and information and management of the state owned forests; and
- (7) Include in budget recommendations those goals and objectives to implement the state forestry policies.
- (j) The commission shall have access to any governmental data or information necessary to carry out this chapter.
History (14)
- Acts 1937, ch. 280, § 3
- 1949, ch. 282, § 1
- C. Supp. 1950, § 630.7 (Williams, § 630.8)
- Acts 1963, ch. 28, § 1
- T.C.A. (orig. ed.), § 11-402
- Acts 1984, ch. 978, § 1
- 1986, ch. 652, §§ 6, 47, 48
- T.C.A., § 11-4-102
- Acts 1988, ch. 1013, § 9
- 1998, ch. 605, § 2
- 2012, ch. 604, § 12
- 2013, ch. 112, §§ 1-4
- 2013, ch. 236, § 6
- 2017, ch. 115, § 3.
Part 3 State Forester § 11-4-301. Selection — Powers and duties. - (a) The commission shall submit to the governor the names of three (3) qualified individuals for the position of state forester. From these nominees, one (1) individual may be selected for such position. The person so appointed shall have not less than five (5) years' experience in the management of state, federal or private forests and shall have as a minimum a bachelor's degree in forestry from an institution accredited by the Society of American Foresters.
- (b) The state forester shall serve at the pleasure of the commissioner and shall be paid a salary as approved by the department of human resources. Unless otherwise provided by the commissioner, the existing state forester shall serve as the state forester under this chapter and the commission shall not submit the names of nominees pursuant to § 11-4-201(i)(1) until such time as a vacancy occurs in such position.
- (c) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
- (d) The state forester, under the general supervision of the commissioner, has the duty and responsibility to:
- (1) Have knowledge of all forest interests and all matters pertaining to forestry within the state;
- (2) Select and employ the personnel of the division in accordance with personnel regulations as established by the department of human resources;
- (3) Supervise the employees of the division;
- (4) Implement and administer the programs and policies of the division;
- (5) Take action to effectively prevent and suppress wildland fires;
- (6) Enforce laws and regulations pertaining to forests in the state and recommend prosecution for violators;
- (7) Promote and conduct educational activities in the interest of forest conservation;
- (8) Cooperate with private landowners in planning for protection, management and replacement of forests;
- (9) Compile statistics of forest conditions, resources and management programs;
- (10) Protect and manage lands designated as state forests;
- (11) Prepare long-range comprehensive plans for the protection, development, and utilization of the state's forest resources;
- (12) Cooperate with the public and private forestry interests, government entities and private organizations to promote the efficient marketing and utilization of the state's forest resource;
- (13) Prepare and submit to the commissioner and the commission the annual budget request for the division and an annual report concerning division activities and accomplishments;
- (14) Collect and distribute data relative to forest problems and conditions and to supervise the enforcement of forestry laws;
- (15) Cooperate with federal, state, and local governmental entities, private organizations, and individuals in programs and activities that promote the protection, development, conservation, and wise utilization of the state's forests, including the reforestation and reclamation of eroding and other unproductive lands;
- (16) Serve as compact administrator for the state in matters pertaining to the Southeast Interstate Forest Fire Protection Compact as outlined in part 5 of this chapter;
- (17) Develop and distribute information about forest resource conditions and division programs and conduct educational activities in the interest of forest conservation; and
- (18) With approval of the commissioner, promulgate such rules and regulations as may be necessary to implement the Tennessee Forestry Code.
History (9)
- Acts 1921, ch. 156, § 3
- impl. am. Acts 1923, ch. 7, §§ 29, 30
- Shan. Supp. §§ 325a111, 325a112
- Code 1932, §§ 550, 552
- mod. C. Supp. 1950, § 630.8
- T.C.A. (orig. ed.), § 11-403
- Acts 1984, ch. 978, § 1
- 1986, ch. 652, §§ 8, 48
- T.C.A., § 11-4-103.
§ 11-4-302. Sale, exchange or lease of lands. - (a) The state forester, by and with the approval of the commissioner of agriculture, has the authority to recommend the sale, exchange, or lease of lands under the jurisdiction of the division when, in the judgment of the state forester, it is advantageous to the state to do so, in the highest orderly development and management of the state forests.
- (b) Such sale, lease or exchange shall not be contrary to the terms of any contract which has been entered into heretofore. Such sale, lease or exchange shall be made pursuant to the laws governing the disposal of state property.
History (7)
- Acts 1937, ch. 280, § 15
- C. Supp. 1950, § 630.17 (Williams, § 630.20)
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-412
- Acts 1986, ch. 652, § 9
- T.C.A., § 11-4-112.
Part 4 Division of Forestry § 11-4-401. Creation — Administration and supervision. - There is created and established a division to be known as the division of forestry, which shall be administered as a division of the department of agriculture. The division will be under the direct supervision of the state forester.
History (7)
- Acts 1937, ch. 280, § 2
- C. Supp. 1950, § 630.6 (Williams, § 630.7)
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-401
- Acts 1986, ch. 652, § 11
- T.C.A., § 11-4-101.
§ 11-4-402. Purpose. - It is the purpose of the division to develop, implement, and promote those public forestry programs and policies that protect, conserve, and efficiently utilize the state's forest resources.
History (1)
- Acts 1986, ch. 652, § 12.
§ 11-4-403. Acceptance of gifts. - The division of forestry is authorized to accept gifts, donations or contributions of land suitable for forestry purposes.
History (7)
- Acts 1937, ch. 280, § 10
- C. Supp. 1950, § 630.14 (Williams, § 630.15)
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-409
- Acts 1986, ch. 652, § 13
- T.C.A., § 11-4-109.
§ 11-4-404. Purchase of land. - The division and each county, municipality or other political subdivision of the state are empowered to expend money from available sources to purchase or to aid in the purchase of areas of land for forestry purposes within the meaning of this chapter, such areas to become the property of the state, to be improved, cared for and administered by the division for such purposes respectively.
History (6)
- Acts 1937, ch. 280, § 18
- C. Supp. 1950, § 630.20 (Williams, § 630.23)
- impl. am. Acts 1959, ch. 9 § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-415
- Acts 1986, ch. 652, § 14, T.C.A., § 11-4-115.
§ 11-4-405. Forest protection. - The division is authorized to implement and develop programs to protect the state's forests.
History (1)
- Acts 1986, ch. 652, § 16.
§ 11-4-406. Fire protection — Right of entry — Duty of care — Damages. - The division, through its authorized employees and agents, may, at any time, go upon any land within this state for the purpose of investigating, preventing, or controlling forest, woods, brush, or grass fires of any nature, or to take other action necessary for the control of forest disease, insects, and other pests without incurring liability for trespassing. This includes the right to take needed firefighting equipment onto and over such property, but such persons are charged with the responsibility of taking reasonable precautions to ensure minimum damages. However, nothing herein shall preclude any such property owner whose premises are entered upon for such purpose from recovering such property owner's actual damages where such person's property is damaged as a result of such entry or crossing, and the state board of claims, upon satisfactory proof of such damage and cause thereof, is authorized to make payments therefor to such injured property owner.
History (5)
- Acts 1963, ch. 144, § 1
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A., § 11-434
- Acts 1986, ch. 652, §§ 17, 47
- T.C.A., § 11-4-120.
§ 11-4-407. Local cooperation in protection from fire and forest pests. - (a) The legislative bodies of counties within the state are authorized and empowered to cooperate with the division of forestry in the protection of forests within their respective counties from fire and forest pests.
- (b) The county legislative bodies are authorized to appropriate and pay out of the funds under their control, such amounts as may be deemed necessary, to carry out this section.
History (1)
- Acts 1986, ch. 652, § 18.
§ 11-4-408. Agreements with federal agencies. - The division of forestry, with the approval of the commissioner, may execute agreements with federal agencies for providing fire detection, presuppression, and suppression services on federal lands.
History (1)
- Acts 1986, ch. 652, § 19.
§ 11-4-409. Powers of division. - The division has the power to enforce all conservation laws and regulations of the state affecting matters or materials under the jurisdiction of the division.
History (7)
- Acts 1937, ch. 280, § 17
- C. Supp. 1950, § 630.19 (Williams, § 630.22)
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-414
- Acts 1986, ch. 652, § 20
- T.C.A., § 11-4-114.
§ 11-4-410. Liability for damages. - Any person, firm, or corporation negligently or willfully setting fires shall be civilly liable to the division for any expenses incurred in extinguishing such fires.
History (1)
- Acts 1986, ch. 652, § 21.
§ 11-4-411. Rural community fire protection program. - The division is authorized to give grants to rural communities for the purposes of organizing, training, and equipping participating volunteer fire control organizations. Funds may be made available annually to organizations on a matching cost share basis. To qualify for funding and/or equipment, organizations must enter into cooperative fire protection agreements with the division. The division is authorized to prepare policies and procedures for implementation of the program and to include in the annual budget request such funding as is necessary to implement this section. There are hereby authorized to be appropriated annually such sums as may be needed to implement the rural community fire protection program.
History (1)
- Acts 1986, ch. 652, § 22.
Part 5 Southeast Interstate Forest Fire Protection Compact § 11-4-501. Text of compact. - The governor, on behalf of this state, is hereby authorized to execute a compact, in substantially the form hereinafter set forth, with any one (1) or more of the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Virginia, and West Virginia, and the general assembly hereby signifies its approval and ratification of such compact which shall be executed in substantially the following form:
-
- Article I.
- The purpose of this compact is to promote effective prevention and control of forest fires in the southeastern region of the United States by the development of integrated forest fire plans, by the maintenance of adequate forest firefighting services by the member states, by providing for mutual aid in fighting forest fires among the compacting states of the region and with states which are party to other regional forest fire protection compacts or agreements, and for more adequate forest protection.
- Article II.
- This compact shall become operative immediately as to those states ratifying it whenever any two (2) or more of the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia and West Virginia which are contiguous have ratified it and congress has given consent thereto. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states.
- Article III.
- In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control shall act as compact administrator for that state and shall consult with like officials of the other member states and shall implement cooperation between such states in forest fire prevention and control.
- The compact administrators of the member states shall coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact.
- There shall be established an advisory committee of legislators, forestry commission representatives, and forestry or forest products industries representatives which shall meet from time to time with the compact administrators. Each member state shall name one (1) member of the senate and one (1) member of the house of representatives who shall be designated by that state's commission on interstate cooperation, or if the commission cannot constitutionally designate the members, they shall be designated in accordance with the laws of that state; and the governor of each member state shall appoint two (2) representatives, one (1) of whom shall be associated with forestry or forest products industries, to comprise the membership of the advisory committee. Action shall be taken by a majority of the compacting states, and each state shall be entitled to one (1) vote.
- The compact administrators shall formulate and, in accordance with need, from time to time, revise a regional forest fire plan for the member states.
- It is the duty of each member state to formulate and put in effect a forest fire plan for that state and take such measures as may be necessary to integrate such forest fire plan with the regional forest fire plan formulated by the compact administrators.
- Article IV.
- Whenever the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling or preventing forest fires, it is the duty of the state forest fire control agency of that state to render all possible aid to the requesting agency which is consonant with the maintenance of protection at home.
- Article V.
- Whenever the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of such state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges and immunities as comparable employees of the state to which they are rendering aid.
- No member state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance, or use of any equipment or supplies in connection therewith; provided, that nothing herein shall be construed as relieving any person from liability for such person's own negligent act or omission, or as imposing liability for such negligent act or omission upon any state.
- All liability, except as otherwise provided hereinafter, that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.
- Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving such aid for any loss or damage to, or expense incurred in, the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and subsistence of employees and maintenance of equipment incurred in connection with such request; provided, that nothing herein contained shall prevent any assisting member state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such service to the receiving member state without charge or cost.
- Each member state shall provide for the payment of compensation and death benefits to injured employees and the representatives of deceased employees in case employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.
- For the purposes of this compact, “employee” includes any volunteer or auxiliary legally included within the forest firefighting forces of the aiding state under the laws thereof.
- The compact administrators shall formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states.
- Article VI.
- Ratification of this compact shall not be construed to affect any existing statute so as to authorize or permit curtailment or diminution of the forest firefighting forces, equipment, services or facilities of any member state.
- Nothing in this compact shall be construed to limit or restrict the powers of any state ratifying the same to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in such prevention, control and extinguishment in such state.
- Nothing in this compact shall be construed to affect any existing or future cooperative relationship or arrangement between any federal agency and a member state or states.
- Article VII.
- The compact administrators may request the United States forest service to act as a research and coordinating agency of the Southeastern Interstate Forest Fire Protection Compact in cooperation with the appropriate agencies in each state, and the United States forest service may accept responsibility for preparing and presenting to the compact administrators its recommendations with respect to the regional fire plan. Representatives of any federal agency engaged in forest fire prevention and control may attend meetings of the compact administrators.
- Article VIII.
- The provisions of Articles IV and V of this compact which relate to mutual aid in combating, controlling or preventing forest fires shall be operative as between any state party to this compact and any other state which is party to a regional forest fire protection compact in another region; provided, that the legislature of such other state shall have given its assent to such mutual aid provisions of this compact.
- Article IX.
- This compact shall continue in force and remain binding on each state ratifying it until the legislature or the governor of such state, as the laws of such state shall provide, takes action to withdraw therefrom. Such action shall not be effective until six (6) months after notice thereof has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.
History (4)
- Acts 1955, ch. 108, § 1
- T.C.A., § 11-425
- Acts 1986, ch. 652, §§ 24, 47
- T.C.A., § 11-4-301.
§ 11-4-502. Execution by governor — Ratification. - When the governor has executed the compact on behalf of this state and has caused a verified copy thereof to be filed with the secretary of state, and when the compact has been ratified by one (1) or more of the states named in § 11-4-501, then it shall become operative and effective as between this state and such other state or states, and the governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents between this state and any other state ratifying the compact.
History (4)
- Acts 1955, ch. 108, § 2
- T.C.A., § 11-426
- Acts 1986, ch. 652, § 25
- T.C.A., § 11-4-302.
§ 11-4-503. Compact administrator — Members of advisory committee. - In pursuance of article III of the compact, the director of the division of forestry, within the department of agriculture, shall act as compact administrator for the state of Tennessee of the Southeastern Interstate Forest Fire Protection Compact during the director's term of office as director, and the director's successor as compact administrator shall be the director's successor as director of the division of forestry. As compact administrator, the director shall be an ex officio member of the advisory committee of the Southeastern Interstate Forest Fire Protection Compact and chair ex officio of the Tennessee members of the advisory committee. There shall be four (4) members of the Southeastern Interstate Forest Fire Protection Compact advisory committee from the state of Tennessee, two (2) of such members from the state shall be members of the general assembly, one (1) from the senate and one (1) from the house of representatives, to be designated by the governor, and the terms of any such members shall terminate at the time they cease to hold legislative office, and their successors, as members, shall be named in a like manner. The governor shall appoint the other two (2) members from the state at large, one (1) of whom shall be associated with forestry or forest products industries. The terms of such members shall be two (2) years and they shall hold office until their respective successors shall be appointed and qualified. Vacancies occurring on the committee shall be filled by appointment by the governor for the unexpired term. The director of the division of forestry, as compact administrator for the state of Tennessee, may delegate, from time to time, to any deputy or other subordinate in the director's office, the power to be present and participate, including voting as the director's representative or substitute at any meeting of or hearing by or other proceeding of the compact administrators of the advisory committee. The terms of each of the initial four (4) memberships, whether appointed at the time or not, shall begin upon the date upon which the compact shall become effective in accordance with article II of the compact. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
History (7)
- Acts 1955, ch. 108, § 3
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- Acts 1976, ch. 806, § 1(49)
- T.C.A., § 11-427
- Acts 1986, ch. 652, §§ 26, 47
- T.C.A., § 11-4-303.
§ 11-4-504. Powers of administrator. - The director of the division of forestry, as compact administrator, shall be vested with all powers provided for in the compact and all the powers necessary or incidental to the carrying out of the compact in every particular.
History (4)
- Acts 1955, ch. 108, § 4
- T.C.A., § 11-428
- Acts 1986, ch. 652, § 27
- T.C.A., § 11-4-304.
§ 11-4-505. Commitment of funds to compact. - It is unlawful for the compact administrator or the director's representative, and/or the members of the Southeastern Interstate Forest Fire Protection Compact advisory committee representing the state of Tennessee, to make any agreement, to create any obligation, or to commit the state for any funds, moneys or property in excess of the amounts on hand and/or the amount of appropriation for the biennium. Any such agreement, obligation or commitment shall be null and void. Such agreements, obligations or commitments shall be approved by the attorney general and reporter prior to their execution by the proper officials of the state of Tennessee.
History (4)
- Acts 1955, ch. 108, § 5
- T.C.A., § 11-429
- Acts 1986, ch. 652, §§ 28, 47
- T.C.A., § 11-4-305.
Part 6 Reforestation § 11-4-601. Reforestation program. - The division shall acquire, develop, and administer forest tree seedling nursery sites and facilities as necessary to assure the long-term production of seedlings in sufficient quantity and quality for purposes of reforestation, and shall maintain a tree improvement program to assure the continued development and production of genetically superior tree seed.
History (1)
- Acts 1986, ch. 652, § 30.
§ 11-4-602. Cooperation with federal government. - The division is authorized to cooperate with the federal government in the implementation of respective reforestation and forest improvement programs, including the reclamation and stabilization of critically eroding areas and those cost share programs intended to protect and improve the productivity of forest land.
History (1)
- Acts 1986, ch. 652, § 31.
§ 11-4-603. Incentive program. - The division is authorized to establish a state reforestation incentive program. The purpose of the program is to encourage the reforestation of suitable open lands, cutover, or other nonstocked or understocked forests, and severely eroding areas. Program funds will be made available to eligible landowners on a matching cost share basis. The division is hereby authorized to receive funding in the form of voluntary contributions from organizations, industry, individuals, institutions, corporations, and other private, nongovernmental bodies to be placed in the state reforestation incentive fund for use by the division in providing matching funds for purposes of implementing this section.
History (1)
- Acts 1986, ch. 652, § 32.
§ 11-4-604. Implementation of incentive program. - The state forester is authorized to develop policies and procedures for implementation of the program. There are hereby authorized to be appropriated annually such sums as may be needed to implement the state reforestation incentive program.
History (1)
- Acts 1986, ch. 652, § 33.
Part 7 Technical Assistance and Services § 11-4-701. Technical assistance. - The division is authorized to provide technical forestry information, advice, and related assistance to landowners, managers, forest operators, wood processors, agencies, organizations, and individuals. Such assistance and services may include:
- (1) Inspection and examination of forest lands and forest products processing operations;
- (2) Management planning and advice and recommendations concerning reforestation, silvicultural practices, timber sale preparation, and other activities that improve the forest resource;
- (3) Advice and consultation regarding:
- (A) Harvesting, processing, and marketing of wood and wood products; and
- (B) Management of trees and forests within urban areas;
- (4) Protection of forest soil and the quality and quantity of water;
- (5) Protection of the forest resource from insects, disease, and other pests;
- (6) Enhancement of wildlife habitat and forest recreation opportunities;
- (7) Authority to provide forestry vendor services at approximate cost;
- (8) Preparation and distribution of educational materials; and
- (9) Management of trees in urban areas.
History (1)
- Acts 1986, ch. 652, § 35.
§ 11-4-702. Cooperative urban forestry program. - The division is hereby authorized to make grants using federal and/or state funds to qualifying cities, towns, municipalities, and other communities for purposes of establishing cooperative urban forestry programs. The division is authorized to develop policies and procedures for implementation of the urban forestry grant program.
History (1)
- Acts 1986, ch. 652, § 36.
§ 11-4-703. Assistance to forest landowner associations. - In order to promote forestry on nonindustrial privately owned lands, the division is authorized to provide assistance in the establishment of forest landowner associations which encourage and promote improved forest protection, management, reforestation, and forest products marketing and utilization.
History (1)
- Acts 1986, ch. 652, § 37.
Part 8 State Forests § 11-4-801. Basic system of state forests authorized. - The department of agriculture, through the division, is authorized to establish and manage a system of state forests to provide for the multiple use management of the various renewable and nonrenewable resources such that those resources are utilized in the combination that best meets the needs of the people of Tennessee. The system shall include those lands which the division deems suitable for public forestry purposes.
History (1)
- Acts 1986, ch. 652, § 39.
§ 11-4-802. Comprehensive state forest system plan. - The division will prepare and periodically revise a comprehensive state forest system plan that describes policies, procedures, methodologies, and management guidelines for implementation of the state forest system.
History (1)
- Acts 1986, ch. 652, § 40.
§ 11-4-803. Cooperation with executive director of wildlife resources agency. - The state forester, by and with the approval of the commissioner of agriculture, shall cooperate with the executive director of the wildlife resources agency in furtherance of the policy of this state to protect and propagate wild animals, wild birds and fish, and, by and with the consent of the commissioner, shall designate any state forest a game refuge or preserve, and is authorized to cooperate with the executive director of the wildlife resources agency in developing such state forests for the purpose of preserving and propagating the wildlife of this state.
History (8)
- Acts 1937, ch. 280, § 19
- C. Supp. 1950, § 630.21 (Williams, § 630.24)
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- impl. am. Acts 1974, ch. 481, §§ 4, 6
- T.C.A. (orig. ed.), § 11-416
- Acts 1986, ch. 652, § 41
- T.C.A., § 11-4-116.
§ 11-4-804. Acquisition of state forests authorized. - The division of forestry is authorized and empowered to acquire by purchase, gift, lease, or otherwise, and hold title thereto in the name of the state, lands to be known as state forests.
History (7)
- Acts 1937, ch. 280, § 7
- C. Supp. 1950, § 630.11 (Williams, § 630.12)
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-406
- Acts 1986, ch. 652, § 42
- T.C.A., § 11-4-106.
§ 11-4-805. Procuring sale and title to tax delinquent lands. - The state forester or the state forester's authorized representatives are empowered and authorized to examine delinquent tax lists in the hands of the trustees of the various counties of the state, as well as the commissioner of revenue, and shall cooperate with the county trustees, the commissioner of revenue, or any back tax attorney, in obtaining the sale of land which in the opinion of the state forester is suitable for state conservation, and in acquiring title to such lands in the name of the state and in the dedication of the same to state forests or other conservation purposes.
History (6)
- Acts 1937, ch. 280, § 8
- C. Supp. 1950, § 630.12 (Williams, § 630.13)
- impl. am. Acts 1959, ch. 9, § 14
- T.C.A. (orig. ed.), § 11-407
- Acts 1986, ch. 652, §§ 43, 47
- T.C.A., § 11-4-107.
§ 11-4-806. Management of lands acquired through tax sale. - When the state has acquired title to lands sold to satisfy liens for delinquent taxes, and same have been proclaimed and dedicated by the governor to the public use as state forests, the state forester shall have the same authority and power to administer and manage such lands as the state forester does lands which have been acquired by purchase, gift or otherwise.
History (5)
- Acts 1937, ch. 280, § 9
- C. Supp. 1950, § 630.13 (Williams, § 630.14)
- T.C.A. (orig. ed.), § 11-408
- Acts 1986, ch. 652, § 44, 47
- T.C.A., § 11-4-108.
§ 11-4-807. Free use of timber from state forests — Designated free-use areas — Notice — State immunity from liability. - (a) As used in this section, “free-use area” means an area where residents of this state may remove downed and dead timber from a state forest, without cost, for their own personal use as firewood for home heating and cooking; provided, that none of the firewood is offered for sale.
- (b) The state forester must designate portions or all of each state forest as free-use areas where such designation is compatible with the comprehensive state forest system plan prepared under § 11-4-802.
- (c) Removing downed and dead timber in designated free-use areas shall be in accordance with rules promulgated by the state forester and approved by the commissioner to prevent fires, minimize damage to live trees and other resources, and to avoid confusion and safety risks among users.
- (d) The state forester must publish notice of any designation made under subsection (b) on the department's website in a manner approved by the commissioner.
- (e) This state and its officers and employees shall not be liable to any person for any personal injury, property damage, or death sustained or caused by an individual while removing downed and dead timber in a designated free-use area unless conduct of the state or a state officer or employee that directly caused the personal injury, property damage, or death was intentional tortious conduct or an act or omission constituting gross negligence.
Part 9 Other Programs § 11-4-901. Programs. - The division may conduct other programs and activities, not described in this chapter, which shall further the purpose of the division to protect, conserve and promote the state's forest resources.
History (1)
- Acts 1986, ch. 652, § 46.
Part 10 Tennessee Prescribed Burning Act § 11-4-1002. Part definitions. - As used in this part, unless the context requires otherwise:
- (1) “Certified prescribed burn manager” means a person who successfully completes the prescribed burner certification program approved by the division of forestry;
- (2) “Prescribed burning” means the controlled application of fire to naturally occurring vegetative fuels for ecological, silvicultural and wildlife management purposes under specified environmental conditions and the following of appropriate precautionary measures which cause the fire to be confined to a predetermined area and accomplishes the planned land management objectives; and
- (3) “Prescription” means a written plan for starting and controlling a prescribed burn to accomplish ecological, silvicultural and wildlife management objectives.
§ 11-4-1003. Application of prescribed burning. - (a)
- (1) No property owner, person, corporation, limited liability company, partnership, natural person, agent of the owner, or any other entity who conducts a prescribed burn pursuant to the requirements of this part shall be liable for damage, injury or loss caused by fire unless negligence is proven.
- (2) No property owner, person, corporation, limited liability company, partnership, natural person, agent of the owner, or any other entity who conducts a prescribed burn pursuant to the requirements of this part shall be liable for damage, injury or loss caused by the resulting smoke unless negligence is proven.
- (b) Prescribed burning conducted in accordance with this section shall:
- (1) Require that a written prescription be prepared, signed, and followed by the certified prescribed burn manager;
- (2) Require that the certified prescribed burn manager maintain the prescription in the manager's records, and possess the prescription on site during all prescribed burnings;
- (3) Occur only when at least one (1) certified prescribed burn manager is on site and supervising burns while they are being conducted;
- (4) Require that the certified prescribed burn manager supervising the burns being conducted is the person who directly observes and coordinates the lighting of the fire to initiate the burn process;
- (5) Require a burning permit be obtained from the division of forestry as required in § 39-14-306; and
- (6) Be considered in the public interest and shall not constitute a public or private nuisance when conducted pursuant to state air pollution control statutes and rules applicable to prescribed burning.
- (c) Certified prescribed burn managers shall take into account the variability of environmental conditions on site when preparing prescriptions, and shall include in each prescription a plan of action to address emergencies that could occur during prescribed burnings.
- (d) The division of forestry is authorized to promulgate rules and regulations to effectuate the purposes of this part, including, but not limited to, the certification of prescribed burn managers and guidelines for a prescribed burn prescription. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Chapter 5 Geology § 11-5-101. Division established — State geologist — Qualifications. - There shall be a division of the department of environment and conservation known as the division of geology, and a state geologist, who shall be a graduate of a recognized college and shall have had at least three (3) years' experience in practical geological work.
History (8)
- Acts 1923, ch. 7, § 37
- Shan. Supp., §§ 373a89, 373a90
- Code 1932, §§ 312, 622
- impl. am. Acts 1937, ch. 33, §§ 56, 69
- C. Supp. 1950, § 622
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-501.
§ 11-5-102. State geologist — Powers and duties — Geological survey. - It is the duty of the state geologist, subject to the approval of the commissioner of environment and conservation, to:
- (1) Organize and direct the work of the state geological survey in field and office;
- (2) Determine the character, order, and time of publication of the reports of the survey, and to direct the preparation, printing, and distribution of the same;
- (3) Arrange for cooperative work with the various federal and state scientific bureaus where such work shall redound to the interest of the people of the state;
- (4) Appoint such associates, assistants, and employees as may be necessary to carry out successfully and speedily the work of the survey;
- (5) Procure and have charge of the necessary field and office supplies and other equipment, and supervise the acquisition, care, and distribution of the collections of the state geological survey; and
- (6) Perform such other work as may be necessary to the successful conduct of the survey.
History (7)
- Acts 1909, ch. 569, § 4
- Shan., § 310a 4
- mod. Code 1932, § 625
- impl. am. Acts 1937, ch. 33, §§ 56, 69
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-502.
§ 11-5-103. Objects and duties of state geological division. - The geological division has for its objects and duties the following:
- (1) A study of the geological formations of the state, with especial reference to their economic products, including coal, oil, gas, ores, fertilizers, building stones, road-making materials, clays, cement materials, sands, soils, forests, mineral and artesian waters, drainage of swamps, streams, and water powers, and other natural resources;
- (2) A study of the character, origin, and relations of the soils of the state, with especial reference to their adaptability to particular crops, the maintenance of soil fertility, and the conservation and utilization of supplies of natural fertilizers;
- (3) A study of the road-making materials of the state, with reference to their character, distribution, and the best methods of utilizing the same;
- (4) A study of the occurrence and availability of underground water supplies;
- (5) An investigation of the forests, streams, and water powers of the state, with especial reference to their conservation and development for industrial enterprises;
- (6) A study of the swamp and other nontillable lands of the state, with reference to their reclamation for agricultural purposes;
- (7) A study of the physical features of the state, with reference to their bearing upon the occupations, physical welfare, and intellectual pursuits of the people;
- (8) The preparation, in accordance with the rules, regulations, policies and procedures of the state publications committee, of special reports with necessary illustrations and maps, which shall embrace both general and detailed descriptions of the geology, topography, and natural resources of the state;
- (9) The preparation, in accordance with the rules, regulations, policies and procedures of the state publications committee, of special geologic, topographic, and economic maps to illustrate the structure, relief, and natural resources of the state; and
- (10) The consideration of such other scientific and economic questions as in the judgment of the commissioner of environment and conservation shall be deemed of value to the people of the state.
History (8)
- Acts 1909, ch. 569, § 5
- Shan., § 310a5
- mod. Code 1932, § 626
- impl. am. Acts 1937, ch. 33, §§ 56, 69
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-503
- Acts 1990, ch. 1024, §§ 11, 12.
§ 11-5-104. Printing and sale of reports and maps — Reports to general assembly. - (a) The regular and special reports of the state geological division, with proper illustrations and maps, shall be printed and distributed and sold as the commissioner of environment and conservation shall deem best for the interest of the people of the state and as the commissioner may direct, and all moneys obtained by the sale of the reports shall be paid into the state treasury.
- (b) The commissioner shall cause to be prepared a report to the general assembly before each meeting of the same, showing the progress and condition of the survey, together with such other information as they may deem necessary and useful, or as the general assembly may require; provided, that the commissioner shall have the right to print and distribute the reports.
History (5)
- Acts 1909, ch. 569, § 6
- Shan., § 310a6
- mod. Code 1932, § 627
- impl. am. Acts 1937, ch. 33, §§ 56, 69
- T.C.A. (orig. ed.), § 11-504.
§ 11-5-105. Disposition of materials collected, records, books, reports, and equipment, upon completion or discontinuance of survey. - After having served the purposes of the survey, all materials collected shall be distributed by the state geologist to the educational institutions of the state in such manner as the commissioner of environment and conservation may determine to be of advantage to the educational interests of the state; provided, that if deemed advisable, the commissioner may first use such portion as may be necessary to establish a permanent exhibit of the natural resources of the state. On the completion or discontinuance of the state geological survey, the commissioner shall cause all records, notes, books, reports, charts, maps, manuscripts, instruments, and other equipment and property of the survey to be placed in charge of a suitable custodian to be held subject to final disposition by the general assembly; provided, that any field or other equipment which the commissioner shall deem undesirable to preserve may be sold as the commissioner may direct and the money turned into the state treasury; and provided further, that the copies of the reports of the survey left on hand for distribution shall be distributed by the custodian in such manner as shall be for the best interest of the people of the state.
History (8)
- Acts 1909, ch. 569, § 7
- Shan., § 310a7
- Code 1932, § 628
- impl. am. Acts 1937, ch. 33, §§ 56, 69
- modified
- impl. am. Acts 1959, ch. 9, § 11
- impl. am. Acts 1963, ch. 169, § 3
- T.C.A. (orig. ed.), § 11-505.
§ 11-5-106. Cooperation with federal and other state geological surveys. - The commissioner of environment and conservation is authorized to enter into cooperation with the United States geological survey and other scientific bureaus of the federal and state governments for the prosecution, at joint expense, of such work in the state as shall be deemed of mutual interest and advantage, and under such conditions as the commissioner may deem to be for the best interest of the people of the state.
History (5)
- Acts 1909, ch. 569, § 8
- Shan., § 310a8
- mod. Code 1932, § 629
- impl. am. Acts 1937, ch. 33, §§ 56, 69
- T.C.A. (orig. ed.), § 11-506.
§ 11-5-107. Lands may be entered and crossed without damage. - In order to carry out this chapter, it is lawful for any person employed hereunder to enter and cross all lands within the state; provided, that in so doing no damage is done to private property.
History (4)
- Acts 1909, ch. 569, § 9
- Shan., § 310a9
- Code 1932, § 630
- T.C.A. (orig. ed.), § 11-507.
§ 11-5-108. Vandalism of caves or caverns. - (a) It is an offense for any person, without the prior permission of the owner, to knowingly:
- (1) Break, break off, crack, carve upon, write or otherwise mark upon, or in any manner destroy, mutilate, injure, deface, mar or harm any natural material found within any cave or cavern, such as stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns or other similar crystalline material formations;
- (2) Kill, harm or disturb any plant, animal or artifact found therein;
- (3) Disturb or alter the natural condition of such cave or cavern; or
- (4) Break, force, tamper with, remove, or otherwise disturb a lock, gate, door or other structure or obstruction designed to prevent entrance to a cave or cavern, whether or not entrance is actually gained.
- (b) Nothing in this section shall be construed to prohibit the owner of property from performing on such owner's property any of the acts set forth in subsection (a).
- (c) An act constituting a violation of this section is to be valued according to § 39-11-106(a)(36) and punished as theft under § 39-14-103.
Chapter 6 Archaeology § 11-6-101. Division established — Purposes. - (a) A division of archaeology is hereby established in the department of environment and conservation, to be headed by a person who will be designated as the state archaeologist.
- (b) The division is hereby authorized to initiate, operate and maintain a statewide program in archaeology which shall include, but not be limited to:
- (1) Surveying the state for mapping, recording and identification of archaeological sites;
- (2) Excavation of historic, underwater, prehistoric and paleontological sites, ruins, and mounds for the purpose of securing data and objects relating to man in Tennessee, and the preservation of such sites and materials secured;
- (3) Fundamental research in Tennessee archaeology and encouragement of public cooperation and responsibility for the preservation of Tennessee antiquities and archaeological and paleontological sites;
- (4) Research in and study of anthropology and related physical and natural sciences, both prior to excavation and thereafter, in order to plan and aid in discovery of sites and artifacts, and provide for the proper assessment once discovered;
- (5) Publication, in accordance with the rules, regulations, policies and procedures of the state publications committee, of findings in terms of scientific, popular, and cultural values;
- (6) Display and custodianship of artifacts, sites, and other tangible results of the program; and
- (7) Educational activities providing for the dissemination of information on archaeological conservation and the encouragement of archaeological societies, parks and museums.
- (c) It is not the purpose of the division to preempt, replace, or otherwise interfere with archaeological research programs conducted by state institutions of higher learning, but, to the contrary, to stimulate and supplement such programs whenever possible.
History (4)
- Acts 1970, ch. 468, § 2
- T.C.A., § 11-1501
- Acts 1990, ch. 1024, § 13
- 1995, ch. 218, § 1.
§ 11-6-102. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Artifacts” means all relics, specimens or objects of an historical, prehistorical, archaeological or anthropological nature which may be found above or below the surface of the earth, and which have scientific or historic value as objects of antiquity, as aboriginal relics, or as archaeological specimens;
- (2) “Burial grounds” means a place used for or to be used for human burials. “Burial grounds” does not include an individual urn or other container for ashes of a person who has been lawfully cremated. The fact that any tract of land has been set apart for burial purposes, or that a part or all of the grounds have been used for burial purposes, shall be evidence that such grounds were set aside for burial purposes. The fact that graves are not visible on any part of the grounds shall not be construed as evidence that such grounds were not set aside and used for burial purposes;
- (3) “Burial object” means any cultural material, including, but not limited to, whole or broken ceramic, metal or glass vessels, chipped stone tools, groundstone tools, worked bone and shell objects, clothing, medals, buttons, rings, jewelry, firearms, edged weapons, and the casket and parts thereof, that were demonstratively buried with an individual or the burial pit or mound associated with an individual or the structure created to house the body;
- (4) “Diving” means any underwater activity using snorkel, scuba, submersible or surface air supply;
- (5) “Excavation” means digging below the surface of the earth or water by hand or with mechanical equipment for the purpose of recovering artifacts, archaeological data, human remains or burial objects;
- (6) “Field archaeology” means the study of the traces of human culture at any land or water site by means of photographing, mapping, surveying, digging, sampling, excavating and removing artifacts or other archaeological material, or going on a site with that intent;
- (7) “Human remains” means the bodies of deceased persons, in whatever stage of decomposition, including, but not limited to, skeletal remains, mummies, or body parts. “Human remains” does not include the ashes of a person who has been lawfully cremated. “Human remains” does not include body parts or tissue which is removed for transplantation or other medical procedures or research;
- (8) “Site” means any location of historic or prehistoric human activity such as, but not restricted to, mounds, forts, earthworks, burial grounds, structures, villages, mines, caves, shipwrecks, and all locations which are or may be sources of paleontological remains;
- (9) “Submerged” means beneath or substantially beneath the territorial waters of the state;
- (10) “Surface collecting” means walking fields, stream banks, or other locations to look for and collect artifacts lying on the surface of the ground, or which are partially exposed on the surface of the ground, or which have been disturbed by plowing or natural processes of erosion; and
- (11) “Territorial waters” means the navigable waters of the state, and such other waters of the state as may be included within “lands beneath navigable waters” as defined in the federal Abandoned Shipwreck Act of 1987 (43 U.S.C. § 2101 et seq.).
History (5)
- Acts 1970, ch. 468, § 2
- 1973, ch. 77, § 1
- T.C.A., § 11-1502
- Acts 1990, ch. 852, § 1
- 1995, ch. 218, § 2.
§ 11-6-103. Archaeological advisory council. - (a) An eleven-member archaeological advisory council to the commissioner of environment and conservation and the state archaeologist is hereby created.
- (b)
- (1) Members of the archaeological advisory council shall serve staggered terms, and to such end the governor shall by June 30, 1983, appoint one (1) member to serve a term of four (4) years.
- (2) The governor shall by June 30, 1986, appoint:
- (A) One (1) member to serve a term of two (2) years;
- (B) One (1) member to serve a term of three (3) years;
- (C) One (1) member to serve a term of four (4) years;
- (D) Two (2) members to serve terms of five (5) years;
- (E) Three (3) members to serve terms of three (3), four (4), and five (5) years, respectively, to be appointed by June 30, 1990; and
- (F) The initial appointment for the anthropologist representing Middle Tennessee State University shall be for two (2) years, to be appointed by June 30, 1995.
- (3) Thereafter, each newly-appointed member shall be appointed to serve a term of five (5) years and may be subject to reappointment.
- (c) The council shall be composed of:
- (1) Five (5) anthropologists representing the University of Tennessee, University of Memphis, Vanderbilt University, Middle Tennessee State University, and East Tennessee State University, respectively;
- (2) One (1) representative from the Tennessee historical commission;
- (3) One (1) representative from a recognized archaeological association in Tennessee;
- (4) Three (3) members shall be persons of Native American descent and representative of the Native American community in Tennessee; and
- (5) One (1) member from the public at large.
- (d) The members of the council shall receive no salary; provided, that travel expenses incurred by such members in the performance of duties with respect to the council shall be reimbursed in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
- (e) The duties of the council shall be to advise the commissioner of environment and conservation and the state archaeologist on all matters of policy relating to the activities of the division and to the employment of professional personnel. It is the responsibility of this council to organize and set forth its rules and operational procedures.
- (f) The council and the state archaeologist shall submit annually a comprehensive report of their activities and the results of their studies to the commissioner and to the governor and to the members of the general assembly in the first month of each calendar year. They shall also from time to time submit such additional and special reports as are deemed advisable.
History (9)
- Acts 1970, ch. 468, § 3
- 1976, ch. 806, § 1(7)
- T.C.A., § 11-1503
- Acts 1982, ch. 675, § 3
- 1990, ch. 852, §§ 2-4
- 1994, ch. 538, § 2
- 1995, ch. 188, §§ 1-3
- 2006, ch. 968, §§ 1, 2
- 2018, ch. 583, § 1.
§ 11-6-104. Excavated artifacts — Property of state — Availability and care. - (a) All artifacts and other materials excavated, discovered, donated, or otherwise acquired by the division of archaeology acquired in pursuance of this program shall be the property of the state of Tennessee and be placed under the custodianship of the division of archaeology. The state archaeologist has primary responsibility to assure that the material is properly and adequately safeguarded and available at all reasonable times to interested scientists and to the public insofar as funds and good scientific practices permit. The state archaeologist may, whenever it is consistent with good scientific practices and in the furtherance of the aims and purposes of the division, approve and permit the loan of such objects and materials to nonprofit scientific organizations, public agencies, museums, and institutions of higher learning both within and without Tennessee for purposes of research or public education.
- (b) There shall be no public exhibition or display of Native American Indian human remains held by the division.
History (3)
- Acts 1970, ch. 468, § 4
- T.C.A., § 11-1504
- Acts 1990, ch. 852, § 5.
§ 11-6-105. Excavation of state lands — Permits — Unauthorized excavation — Penalty. - (a) The state of Tennessee reserves to itself the exclusive right and privilege of field archaeology on sites owned or controlled by the state, its agencies, departments, institutions and commissions in order to protect and preserve archaeological and scientific information, matter and artifacts.
- (b) All such information and artifacts recovered from state lands shall be utilized solely for scientific or public educational purposes and shall remain the property of the state, unless the state archaeologist and the advisory council shall conclude that some artifacts do not merit retention.
- (c) No person or organization, including any other agents or agencies of the state of Tennessee, unless acting as a duly authorized agent of the division of archaeology, shall excavate upon any site situated on lands owned or controlled by the state or any agency thereof.
- (d) Permits and contracts for archaeological exploration or excavation may be granted by the state archaeologist through the division for such periods of time and under such terms and conditions as the state archaeologist may from time to time determine.
- (e) All artifacts, photographs and records obtained by such agents shall remain the property of the state, subject to the decision of the state archaeologist and the advisory council, and shall be maintained in agreed upon public repositories.
- (f) Any person, corporation, society or organization conducting such explorations or excavations upon lands owned or controlled by the state or any agency thereof without having first obtained permit from the state archaeologist commits a Class A misdemeanor, except that any violation occurring on a site listed in the Tennessee register of archaeological sites where the commercial or archaeological value of the artifact involved and the cost of restoration or repair of such archaeological site or artifact exceeds the sum of five thousand dollars ($5,000) is a Class E felony.
- (g) Any and all artifacts and material excavated by such person or organization shall be forfeited to the state and shall be delivered forthwith to the division.
History (5)
- Acts 1970, ch. 468, § 5
- 1973, ch. 77, § 2
- T.C.A., § 11-1505
- Acts 1984, ch. 801, § 1
- 1990, ch. 852, §§ 6, 7.
§ 11-6-106. Defacement of sites or artifacts — Penalty. - In order that sites and artifacts on state-owned or controlled land shall be protected for the benefit of the public, it is a misdemeanor for any person, natural or corporate, to write upon, carve upon, paint, deface, mutilate, destroy, or otherwise injure any object of antiquity, artifact, Indian painting, Indian carving, or sites and all such acts of vandalism shall be punished as Class A misdemeanors according to this chapter.
History (3)
- Acts 1970, ch. 468, § 6
- T.C.A., § 11-1506
- Acts 1989, ch. 591.
§ 11-6-107. Discovery of sites, artifacts or human remains — Notice to division, contractors and authorities. - (a) All state agencies, departments, institutions and commissions, as well as all counties and municipalities, shall cooperate fully with the division of archaeology.
- (b) Where any sites or artifacts may be found or discovered on property owned or controlled by the state or by any county or municipality, the agency, bureau, commission, governmental subdivision, or county or municipality having control over or owning such property and which is preparing to initiate construction or other earth-moving activities upon such property, or is currently performing work of this type upon such property, the public body having custody of the land shall comply with subsection (d) and is directed to urge supervisors of such works to notify the division of the discovery and location of such sites or artifacts immediately, and to cooperate to the fullest extent practicable with the division, either to prevent the destruction of such sites and artifacts or to allow the division to obtain maximum information and artifacts before these locations are disturbed or destroyed.
- (c) It is the responsibility of the state agencies to have this chapter made known to contractors who are to perform work upon any such public lands, and contractors shall be required to comply with this chapter.
- (d)
- (1) Any person who encounters or accidentally disturbs or disinters human remains on either publicly or privately owned land, except during excavations authorized under this chapter, shall:
- (A) Immediately cease disturbing the ground in the area of the human remains; and
- (B) Notify either the coroner or the medical examiner, and a local law enforcement agency.
- (2) Either the coroner or the medical examiner shall, within five (5) working days, determine whether the site merits further investigation within the scope of such official's duties.
- (3) If the coroner or the medical examiner, and law enforcement personnel, have no forensic or criminal concerns with regard to the site, then the coroner or the medical examiner shall notify the department.
- (4) Human remains and burial objects reported to the division shall be treated as provided in §§ 11-6-104 and 11-6-119, and/or title 46, chapter 4, if applicable.
- (5) A person who violates subdivision (d)(1)(A) or (d)(1)(B) commits a Class A misdemeanor;
- (6) This section does not apply to:
- (A) Normal farming activity, including, but not limited to, plowing, disking, harvesting and grazing; provided, that if human remains are discovered or disturbed, a report should be made to the officials specified in subdivision (d)(1)(B); or
- (B) Surface collecting.
- (7) Nothing in this chapter shall be construed to grant a right of access or occupation to the public without the landowner's permission.
- (e) All archaeological site clearance work carried out pursuant to this section shall, in as far as practicable, be scheduled so as not to interfere with construction activities, and such clearance work shall only be conducted at sites which have the potential to yield information significant to the scientific study of Tennessee's aboriginal and historic past.
History (3)
- Acts 1970, ch. 468, § 7
- T.C.A., § 11-1507
- Acts 1990, ch. 852, §§ 8, 9.
§ 11-6-108. State lands — Reserved from sale — Procedure. - (a) Upon written notice to the commissioner of general services, given by the state archaeologist, the commissioner shall reserve from sale any state lands, including lands forfeited to the state for nonpayment of taxes, on which sites or artifacts are located or may be found; provided, that the reservation of such lands from sale may be confined to the actual location of the site or artifacts.
- (b) When such site or artifacts have been explored, excavated, or otherwise examined to the extent desired by the division of archaeology, the state archaeologist shall then file with the commissioner a statement releasing such lands and permitting the sale of such lands.
History (2)
- Acts 1970, ch. 468, § 8
- T.C.A., § 11-1508.
§ 11-6-109. Private land — Trespass, vandalism, and unauthorized activities — Permission — Artifacts — Prohibited storage, dumping or littering. - (a) It shall be deemed an act of trespass and a Class A misdemeanor for any person, natural or corporate, to excavate and remove artifacts from the private land of any owner without first obtaining the owner's express permission.
- (b) No person, corporation, partnership, association or any other entity shall excavate, damage, vandalize or remove any artifact from or otherwise alter or deface any site listed in the Tennessee register of archaeological sites without first obtaining landowner permission.
- (c) No person, corporation, partnership, association or any other entity shall sell, offer to sell, purchase or offer to purchase, or otherwise exchange any artifact from a site listed in the Tennessee register of archaeological sites if the artifact has been removed or received in violation of this section.
- (d) No person, corporation, partnership, association or any other entity shall store, dump, litter or otherwise dispose of any garbage, dead animal, sewage or toxic substance in any cave or sinkhole listed in the Tennessee register of archaeological sites.
History (4)
- Acts 1970, ch. 468, § 9
- T.C.A., § 11-1509
- Acts 1984, ch. 801, § 2
- 1989, ch. 591.
§ 11-6-110. Designation as archaeological site. - An archaeological site of significance in the scientific study of Tennessee's aboriginal past or important to public knowledge and appreciation of this history may be publicly designated by the commissioner of environment and conservation and placed in the Tennessee register of archaeological sites; provided, that no sites shall be so designated without the express written consent of the state agency having jurisdiction over the land in question or, if it is privately owned land, the owner thereof; provided, that any person or entity having given its permission may revoke such permission on giving thirty (30) days' written notice of its intent to revoke to the division of archaeology, which revocation will automatically take place on the expiration of the thirty (30) days. Recommendations for such designations shall be made by the state archaeological advisory council in consultation with the state archaeologist and such recommendations, together with appropriate supporting data, shall be submitted to the commissioner. In addition to the above, any landowner may petition the commissioner to have any archaeological site located on the landowner's property publicly designated and placed in the Tennessee register of archaeological sites.
History (3)
- Acts 1970, ch. 468, § 10
- T.C.A., § 11-1510
- Acts 1984, ch. 801, § 3.
§ 11-6-112. Violations — Penalties — Enforcement powers. - (a) All acts declared to be misdemeanors in this part, and not otherwise classified, are Class A misdemeanors.
- (b) All acts declared to be felonies in this part, and not otherwise classified, are Class E felonies.
- (c) When properly commissioned and qualified by the commissioner of environment and conservation, employees of the division of archaeology shall have all of the police powers necessary to enforce all state laws and all rules and regulations made and published by the department regarding archaeological sites which are authorized for park superintendents and park rangers by § 11-3-107, within any of the archaeological sites for the purpose of enforcing §§ 11-6-104 — 11-6-106.
History (6)
- Acts 1970, ch. 468, § 12
- 1973, ch. 77, § 3
- T.C.A., § 11-1512
- Acts 1984, ch. 801, § 4
- 1989, ch. 591, §§ 22, 112
- 1990, ch. 852, § 10.
§ 11-6-113. Contracts and cooperative agreements — Authorization. - The department of transportation is hereby authorized and directed to enter into appropriate contracts and cooperative agreements with the division of archaeology and the United States bureau of public roads and to expend funds, both state and federal, in aid of archaeological survey, salvage, and preservation on any lands and rights-of-way now or hereafter coming into its control in order that the purposes of this chapter shall be achieved.
History (4)
- Acts 1970, ch. 468, § 13
- impl. am. Acts 1972, ch. 829, § 7
- 1973, ch. 77, § 4
- T.C.A., § 11-1513.
§ 11-6-114. Acceptance of gifts and grants — Title to land. - (a) The division of archaeology is hereby authorized to accept grants, bequests, devises, gifts, and donations for purposes of furthering the state program in archaeology and to expend funds so received for those purposes.
- (b) The department of environment and conservation has full power to accept and hold title to land or interests in land in the name of the state for the purposes of this chapter.
History (2)
- Acts 1970, ch. 468, § 14
- T.C.A., § 11-1514.
§ 11-6-115. Tennessee Archaeological Society — Support of programs. - (a) The division of archaeology is hereby authorized to assist and support the programs of the Tennessee Archaeological Society to the extent that the purposes and aims of the two (2) coincide.
- (b) The Tennessee Archaeological Society is hereby requested to assist and cooperate with the purposes and programs of the division of archaeology.
History (2)
- Acts 1970, ch. 468, § 15
- T.C.A., § 11-1515.
§ 11-6-116. Excavation of areas containing Native American Indian human remains — On-site representatives — Notice of intent to remove remains. - (a) When a burial ground or other area containing human remains of Native American Indians is excavated, representatives of Native American Indians shall have a right to be present on the site at all times excavation or treatment of such remains is taking place.
- (b) The department shall promulgate regulations governing application procedures for and the number of representatives to be present on sites.
- (c) Any person engaged in work involving the removal of Native American Indian human remains must notify the state archaeologist in writing at least ten (10) days prior to the time a petition is filed under title 46, chapter 4. Within two (2) business days of receiving such notice, the state archaeologist shall forward such notice to the Native American members of the archaeological advisory council and the chair of the Tennessee commission of Indian affairs.
History (2)
- Acts 1990, ch. 852, § 11
- 1999, ch. 509, § 1.
§ 11-6-118. Import or export of human remains. - (a) The import into Tennessee or the export from Tennessee of human remains is prohibited except in the following instances:
- (1) Import or export by hospitals, medical schools, colleges or universities for education or research purposes;
- (2) Import for burial or reburial in Tennessee or export for burial or reburial in another state or country;
- (3) Import or export for preparation for burial or reburial;
- (4) Import or export for use as evidence in any judicial proceeding; or
- (5) Import or export by state, county, or municipal law enforcement agencies for the purpose of human remains detection training; provided, that the import and export of human remains for human remains detection training must be conducted in accordance with best practices and procedures regarding:
- (A) The secure storage of human remains;
- (B) The use of human remains as a training aid for human remains detection training; and
- (C) Proper disposal methods for human remains after the remains are no longer being used as a training aid.
- (b) A violation of subsection (a) is a Class E felony.
- (c) Any remains so imported or exported shall be confiscated and subject to disposition as provided in §§ 11-6-104 and 11-6-119.
History (3)
- Acts 1990, ch. 852, § 11
- 2006, ch. 896, § 2
- 2024, ch. 1054, § 1.
§ 11-6-119. Reburial of human remains or Native American burial objects following discovery or confiscation. - Any human remains or any Native American burial objects discovered in the course of an excavation, exhumation or accidentally, and any such remains and their associated burial objects confiscated under § 11-6-118, shall be properly reburied following scientific analysis within six (6) months of such discovery or confiscation in accordance with procedures formulated by the advisory council which are appropriate to Native American traditions. Upon request for scientific or medical research, the director of the division may grant an extension of not more than six (6) months before reburial is required.
History (2)
- Acts 1990, ch. 852, § 11
- 1999, ch. 509, §§ 2, 3.
§ 11-6-121. Abandoned shipwrecks. - (a) Since the congress has found that the state has certain responsibilities under the Abandoned Shipwreck Act of 1987, Public Law No. 100-298 (43 U.S.C. § 2101 et seq.), the division of archaeology is authorized to:
- (1) Develop a plan regarding significant shipwreck sites in Tennessee which will include management strategies for the preservation and conservation of shipwrecks;
- (2) Recognize important events and geographic locations in the history and development of river navigation;
- (3) Establish a geographic data base and an information system that can be used to locate, track, and cross-reference significant shipwrecks;
- (4) Acquire or provide funds for the research and identification of shipwrecks; and
- (5) Expend funds received from state appropriations and other sources to make grants to municipalities, counties, and nonprofit organizations for the purpose of this section.
- (b) The division is authorized, in carrying out its purposes, to:
- (1) Accept loans or grants, or both, of money, materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or such agency or instrumentality may impose;
- (2) Receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration from any person, firm, or corporation, or from the state or any agency or instrumentality thereof or from any county, municipal corporation or local government or governing body; and
- (3) Hold, use, administer and expend such sum or sums as may hereafter be received as income, as gifts or as appropriations from the general assembly for any of the purposes of the division.
Chapter 7 Tennessee Heritage Conservation Trust Fund Act of 2005 § 11-7-101. Short title. - This chapter shall be known and may be cited as the “Tennessee Heritage Conservation Trust Fund Act of 2005.”
§ 11-7-102. Chapter definitions. - As used in this chapter, unless the context requires otherwise:
- (1) “Board” means the governing body of the Tennessee heritage conservation trust fund;
- (2) “Nonprofit organization” means an entity that is exempt from federal income taxation under § 501(a) of the Internal Revenue Code (26 U.S.C. § 501(a)), as an organization described in § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)); and
- (3) “Trust fund” means the Tennessee heritage conservation trust fund.
§ 11-7-103. Establishment — Purpose — Fund moneys — Carry forward of fund balance and earnings — Solicitation and receipt of gifts, contributions, bequests, donations and grants — Authority to establish nonprofit organization. - (a) The Tennessee heritage conservation trust fund is hereby established as a special agency account in the state general fund. The purpose of this trust fund is to assist the state in permanently conserving and preserving tracts of land within this state for the purposes of promoting tourism and recreation, including outdoor activities, such as hunting, fishing, equestrian activities and hiking; protecting, conserving and restoring the state's physical, cultural, archeological, historical and environmental resources; and preserving working landscapes.
- (b) Moneys in the trust fund shall be invested by the state treasurer, in accordance with applicable general law, except as qualified by this chapter. The state treasurer shall hold the trust fund separate and apart from all other moneys, funds, and accounts.
- (c) Any balance remaining unexpended at the end of a fiscal year in the trust fund shall be carried forward into the subsequent fiscal year.
- (d) Investment earnings credited to the assets of the trust fund, including, but not limited to, interest, shall be carried forward into the subsequent fiscal year.
- (e) The trust fund is authorized to request and receive gifts, contributions, bequests, donations, and grants from any legal and appropriate source to effectuate its purpose. Any such funds received shall be deposited into the trust fund; provided, that, if any such items are not in the form of funds, any income, rents, or proceeds generated from the items shall be deposited into the trust fund.
- (f) The trust fund is authorized to create or establish a nonprofit organization, which shall also be eligible to request and receive gifts, contributions, bequests, donations and grants from any legal and appropriate source to effectuate the trust fund's purpose.
- (g) Moneys in the trust fund, and in any nonprofit entity created pursuant to subsection (f), shall be expended only in accordance with, and for the purposes stated in, this chapter. No part of the fund shall be diverted to the general fund or any other public fund for any purpose whatsoever.
- (h) This subsection (h) is contingent upon a four-million-dollar ($4,000,000) appropriation being made to the trust fund in the 2009 general appropriations act. This section and any other law to the contrary notwithstanding, in the five (5) or fewer fiscal years beginning July 1, 2010, the commissioner of finance and administration annually shall transfer from the heritage conservation trust fund to the general fund an amount of nine hundred thirty-seven thousand five hundred dollars ($937,500), plus annual interest earnings on that amount, plus any unexpended balance of four million dollars ($4,000,000) remaining after certain commitments of the trust fund have been satisfied, plus other available sources, until the general fund has been reimbursed for a four-million-dollar ($4,000,000) appropriation made in fiscal year 2008-2009. The four-million-dollar appropriation has been provided to allow the state to fulfill commitments made before November 2008, while a nine million three hundred seventy-five thousand dollar ($9,375,000) lease payment for timber rights is earned over a ten-year period. For purposes of this subsection (h), the term “other available sources” shall not include gifts, contributions, bequests, donations and grants, if the funds are restricted for specific acquisitions or purposes.
History (2)
- Acts 2005, ch. 444, § 2
- 2009, ch. 531, § 13.
§ 11-7-104. Board of trustees — Annual report — Audit. - (a) There is hereby established the Tennessee heritage conservation trust fund board of trustees. The board shall be attached to the department of environment and conservation for administrative purposes, but shall be independent of the department. Expenditures from the trust fund shall be made only upon authorization of the board.
- (b)
- (1) The board shall consist of eleven (11) members.
- (2) Trustees shall be appointed by the governor, subject to confirmation by each house of the general assembly, but appointments shall be effective until adversely acted upon by the general assembly.
- (3) Persons appointed to the board shall include persons knowledgeable in the areas of land acquisition, management, conservation and protection.
- (4) The membership of the board shall appropriately reflect the racial and geographic diversity of this state. At no time shall the membership of the board be composed of more than four (4) members who reside in any one (1) of the grand divisions, as defined in title 4, chapter 1, part 2.
- (5) The commissioner of environment and conservation, the commissioner of agriculture, and the executive director of the wildlife resources agency, or their designees, shall serve as ex officio, nonvoting members of the board.
- (6) The governor shall appoint a board chair from the membership of the board. Other officers shall be selected as provided in the bylaws of the fund.
- (c) Trustees shall serve four-year, renewable terms; provided, that of the initial trustees appointed:
- (1) Three (3) trustees shall be appointed for an initial term of four (4) years;
- (2) Three (3) trustees shall be appointed for an initial term of three (3) years;
- (3) Three (3) trustees shall be appointed for an initial term of two (2) years; and
- (4) Two (2) trustees shall be appointed for an initial term of one (1) year.
- (d) Should a board position become vacant through resignation, removal, or other cause, the governor shall appoint a new member to serve the unexpired term, subject to confirmation of each house of the general assembly, as provided in subsection (b). Trustees shall continue to serve on the board after the expiration of the trustee's term until a new trustee is appointed.
- (e) A quorum of the board shall be seven (7) trustees.
- (f) Trustees shall receive no compensation for their service on the board, but may be reimbursed for those expenses allowed by the comprehensive travel regulations, as promulgated by the department of finance and administration and approved by the attorney general and reporter.
- (g) The board shall adopt and implement a policy related to conflicts of interest, to ensure that all trustees avoid any situation that creates an actual or perceived conflict of interest related to the work of the trust fund.
- (h) The board shall submit an annual report to the governor, speaker of the house of representatives, speaker of the senate, comptroller of the treasury, chair of the energy, agriculture and natural resources committee of the senate, chair of the agriculture and natural resources committee of the house of representatives, chair of the government operations committee of the senate, and chair of the government operations committee of the house of representatives, by June 30 of each year. Such report shall include detailed information on the operation and financial status of the trust fund and any nonprofit entity created pursuant to § 11-7-103(f).
- (i) The trust fund and any nonprofit entity created pursuant to § 11-7-103(f) shall be subject to an annual audit by the comptroller of the treasury, and the trust fund or entity shall bear the full costs of this audit.
- (j) Operating expenses of the board and its staff shall be paid from the fund.
History (3)
- Acts 2005, ch. 444, § 2
- 2012, ch. 604, § 13
- 2013, ch. 236, § 9.
§ 11-7-105. Authority of board. - In carrying out the purposes of the trust fund, the board is authorized to do the following:
- (1) Acquire for the state, by purchase or by donation, and convey, sell, exchange, lease or otherwise transfer any interest in real property; the board, however, does not have the power of eminent domain;
- (2) Make grants or loans to state, federal or local governments and to nonprofit organizations, in order to carry out the purposes of this chapter, including, but not limited to, grants or loans provided to acquire a fee simple or other interest in real property;
- (3) Enter into contracts and cooperative agreements, other than grants or loans pursuant to subdivision (2), with state, federal and local governments, with private individuals and corporations, and with associations and organizations, as the trust fund may deem necessary or convenient for the fund to carry out the purposes of this chapter;
- (4) Adopt, amend and repeal bylaws;
- (5) Adopt policies and guidelines for the use of the trust fund, including the procedure for identifying projects, establishing conservation priorities and allocating money from the trust fund;
- (6) Make such studies and recommendations concerning the conservation programs and policies of the department of environment and conservation as it may deem appropriate to a sound conservation program; and
- (7) Take any other necessary actions to carry out this chapter.
History (2)
- Acts 2005, ch. 444, § 2
- 2012, ch. 986, § 24.
§ 11-7-106. Loans and grants — Repayment — Proceeds — Application requirements — Financial statements of applicant — Terms of agreements with board. - (a) The board shall make grants or loans pursuant to § 11-7-105, only after the recipient entity has entered into an agreement with the trust fund, on the terms and conditions specified by the board. After approving a grant or loan, the board may assist the grantee in carrying out the purposes of the grant.
- (b) When awarding grants or making loans pursuant to this section, the board may require repayment of those funds on the terms and conditions the board deems appropriate. Proceeds from the repayment or reimbursement of amounts granted or loaned by the board shall be deposited in the fund.
- (c) Any entity applying for a grant or loan from the trust fund to acquire an interest in real property shall specify the following in the grant or loan application:
- (1) The intended use of the property;
- (2) The intended ultimate owner of the property;
- (3) The entity that will be responsible for managing the property;
- (4) The funding source for the cost of ongoing management; and
- (5) Any other information required by the board.
- (d) Any entity applying for a grant or loan from the trust fund to acquire an interest in real property shall provide a copy of the organization's most recent audited annual financial statements. Such statements must have been prepared within two (2) years of the date of the grant application.
- (e) In order to receive a grant from the trust fund to assist in the acquisition of any interest in real property, a public agency or nonprofit organization must enter into an agreement with the board. The terms of such agreement shall include the following:
- (1) The terms under which the interest in real property is ultimately acquired shall be subject to the board's approval;
- (2) The interest in real property acquired under the grant shall not be used as security for a debt, unless the board approves the transaction;
- (3) The board shall take appropriate action to protect the public interest in the acquisition, by ensuring that the land will be permanently conserved. In meeting this obligation, the board shall employ appropriate means, including, but not limited to, the acquisition of conservation easements or reversionary interests;
- (4) Any subsequent transfer of an interest in the real property acquired pursuant to this chapter shall be subject to approval of the board, and a new agreement, sufficient to protect the public interest, shall be entered into between the board and the transferee;
- (5) A description of the level of use that will be allowed on the property. In awarding grants pursuant to this chapter, the board shall take appropriate action to ensure the preservation of a public benefit that is consistent with the public interest in the acquisition;
- (6) A requirement that the public agency or nonprofit organization provide to the state an independent appraisal of the fair market value of the interest in real property to be acquired; and
- (7) A requirement that the public agency or nonprofit organization provide to the state a copy of a financial audit of the agency or organization that has been prepared by an independent public accountant for the most recent completed fiscal year. In addition, the agency or organization shall be required to provide the state with such an audit for subsequent fiscal years during the term of the grant agreement.
§ 11-7-107. Acquisitions and disposals of interests in real property. - Acquisitions and disposals of any interest in real property, other than the acquisition of conservation easements and reversionary interests, acquired for the state by the trust fund, or the nonprofit organization created under § 11-7-103(f), shall be subject to the requirements of § 4-15-102(d) and § 12-2-112. Notwithstanding any other law to the contrary, the acquisition of conservation easements and reversionary interests by the trust fund and the acquisition of any interest in real property by a non-state public agency, or a nonprofit organization using grant funds received from the trust fund, shall only require that such real property interest be promptly reported to the state building commission, and shall not be subject to § 4-15-102(d) or § 12-2-112, or any other approval otherwise required by state law.
§ 11-7-108. Exemption from taxes. - Real property in which the trust fund acquires a fee simple interest for the state shall be exempt from all state and local property taxes.
§ 11-7-109. Conservation compensation fund — Determination of tax ramifications — Reimbursement for lost taxes. - (a) There is hereby created a special agency account in the state general fund to be known as the conservation compensation fund. Expenditures from such fund shall only be made to implement and effectuate the purposes of this chapter. Funds deposited in such fund shall not revert at the end of any fiscal year, and all interest accruing on investments and deposits of the fund shall be returned to and made a part of the fund.
- (b) On or before January 1 of each year, the commissioner of general services shall certify to the comptroller of the treasury such information as is necessary to identify the parcels of property that have been rendered tax exempt through acquisition by the state pursuant to this chapter during the prior fiscal year. The comptroller of the treasury shall determine the appropriate tax rate and assessed value of each such parcel of property, and on or before March 1 of each year, shall certify to the commissioner of finance and administration the amount of property tax revenue lost by each affected city or county the prior fiscal year. The assessed value shall be based on the use value provided for in title 67, chapter 5, part 10, if the property is of sufficient size to have been classified under that part. Acquisition by the state, pursuant to this chapter, of property classified under title 67, chapter 5, part 10, shall not constitute a change in the use of the property, and no rollback taxes shall become due solely as a result of such acquisition. If the property is not of sufficient size to have been classified under title 67, chapter 5, part 10, the assessed value shall be determined according to the same basis as other like property within the jurisdiction. Each subsequent yearly reimbursement amount shall be based on the same assessed value, tax rate and use in effect on the date of purchase. The commissioner of finance and administration shall reimburse each affected city and county the amount so determined, from funds available in the conservation compensation fund. In any year in which funds available in the conservation compensation fund are insufficient to fully reimburse such cities and counties, the commissioner of finance and administration shall effect a transfer of funds from the Tennessee heritage conservation trust fund to the conservation compensation fund, in an amount sufficient to fully reimburse the affected cities and counties. Funds transferred from the Tennessee heritage conservation trust fund to the conservation compensation fund, along with interest, if any, accruing on such funds after their transfer to the conservation compensation fund, shall be expended to reimburse affected cities and counties only for lands acquired by the state under this chapter.
History (2)
- Acts 2005, ch. 444, § 2
- 2020, ch. 795, § 1.
§ 11-7-110. Executive director. - (a) In carrying out the purposes of the trust fund, the commissioner of environment and conservation is authorized to appoint an executive director to carry out this chapter.
- (b) The commissioner of environment and conservation shall set the salary for the executive director.
- (c) The executive director may hire other staff necessary to carry out this chapter.
History (1)
- Acts 2012, ch. 986, § 25.
Chapter 8 Ocoee River Recreation and Economic Development Fund Act § 11-8-101. Short title. - This chapter shall be known and may be cited as the “Ocoee River Recreation and Economic Development Fund Act.”
§ 11-8-102. Chapter definitions. - As used in this chapter, unless the context requires otherwise:
- (1) “Board” means the Ocoee River recreation and economic development fund board created pursuant to § 11-8-104;
- (2) “Commissioner” means the commissioner of environment and conservation or the commissioner's designee;
- (3) “Department” means the department of environment and conservation;
- (4) “Development fund” means the Ocoee River recreation and economic development fund;
- (5) “Nonprofit organization” means an entity that is exempt from federal income taxation pursuant to § 501(c) of the Internal Revenue Code (26 U.S.C. § 501(c)), as it may be amended;
- (6) “Ocoee River management zone” means the area of land managed by the department in accordance with agreements with the Tennessee Valley authority and U.S. forest service;
- (7) “Ocoee River recreation fee” means the fee deposited in the development fund pursuant to the issuance of a permit as authorized in § 11-8-107(a); and
- (8) “Rafting season” means the time period within a calendar year commencing on the date of the first release of water from the Ocoee River dams for recreational purposes by the Tennessee Valley authority and concluding on the date of the last release of water from such dams for recreational purposes.
§ 11-8-103. Ocoee River recreation and economic development fund — Purpose of chapter. - (a) The Ocoee River recreation and economic development fund is established as a special agency account in the general fund.
- (b) The purpose of this chapter is to support recreational water releases on the Ocoee River, to provide for management of the Ocoee River management zone by Tennessee State Parks, and to encourage the economic growth of the Ocoee River.
- (c) All revenue collected from the Ocoee River recreation fee, pursuant to § 11-8-107, shall be deposited into the development fund.
- (d) The development fund shall be available to the commissioner for expenditures for the following purposes:
- (1) All costs incurred by the department associated with management of the Ocoee River management zone;
- (2) Expenses of the board and the department associated with administration of the development fund; and
- (3) The cost of making payments to the Tennessee Valley authority for additional releases of water on the Ocoee River.
- (e) Subject to availability of sufficient moneys in the development fund beyond those needed for expenditures for the purposes stated in subsection (d), the commissioner and the board may use the development fund for expenditures for the following purposes:
- (1) Infrastructure upgrades to the Ocoee River management zone;
- (2) Tourism promotion and economic development activities that benefit the Ocoee River management zone; and
- (3) Other reasonable expenses as determined by the commissioner or the board to be necessary to carry out the intent of this chapter.
- (f) The development fund may accept funds from any public or private entity and may solicit private grants or donations.
- (g) Moneys from the development fund shall not be transferred or otherwise revert to the general fund.
- (h) The state treasurer shall invest moneys in the development fund, in accordance with § 9-4-603, except as qualified by this chapter. The state treasurer shall hold the development fund separate and apart from all other moneys, funds, and accounts.
- (i) Any balance remaining unexpended at the end of a fiscal year in the development fund shall be carried forward into the subsequent fiscal year.
- (j) Investment earnings credited to the assets of the development fund, including, but not limited to, interest, shall be carried forward into the subsequent fiscal year.
- (k) Moneys received by a nonprofit entity created pursuant to § 11-8-105(a)(3), shall be expended only in accordance with, and for the purposes stated in, this chapter.
History (3)
- Acts 2017, ch. 434, § 1
- 2018, ch. 753, § 1
- 2024, ch. 1044, § 1.
§ 11-8-104. Ocoee River recreation and economic development fund board. - (a) On July 1, 2018, there is established the Ocoee River recreation and economic development fund board. The board shall be attached to the department of environment and conservation for administrative purposes, but shall be independent of the department.
- (b)
- (1) The board shall consist of nine (9) voting members as follows:
- (A) The manager of the Hiwassee/Ocoee Scenic River State Park;
- (B) The comptroller of the treasury, or the comptroller's designee;
- (C) The state treasurer, or the treasurer's designee;
- (D) The Polk County mayor;
- (E) One (1) member, appointed by the governor, who represents economic development interests;
- (F) One (1) member, appointed by the governor, who represents private boater interests; and
- (G) Three (3) members, appointed by the governor, who are Ocoee River management zone commercial permit holders.
- (2) The following shall serve as ex officio, nonvoting members of the board:
- (A) The commissioner of environment and conservation, or the commissioner's designee;
- (B) The commissioner of tourism, or the commissioner's designee;
- (C) The commissioner of economic and community development, or the commissioner's designee;
- (D) The executive director of the wildlife resources agency, or the executive director's designee;
- (E) The member of the house of representatives whose legislative district includes the majority of the Ocoee River management zone; and
- (F) The member of the senate whose legislative district includes the majority of the Ocoee River management zone.
- (c) Appointed board members shall serve four-year, renewable terms. In order that the members of the board serve staggered terms, the initial appointments to the board shall consist of:
- (1) One (1) commercial permit holder member to serve a term of two (2) years;
- (2) One (1) commercial permit holder member and one (1) private boater member to serve a term of three (3) years; and
- (3) One (1) commercial permit holder member and one (1) economic development member to serve a term of four (4) years.
- (d) The initial members of the board shall be appointed by June 15, 2018, and take office on July 1, 2018. All subsequent appointments shall be made by June 15, begin on July 1, and expire on June 30 of the appropriate years.
- (e) Should a board position become vacant through resignation, removal, or other cause, the governor shall appoint a new member to serve the unexpired term. A board member shall continue to serve on the board after the expiration of the member's term until a new member is appointed.
- (f) Seven (7) members of the board shall constitute a quorum for the purpose of conducting business.
- (g) Board members shall receive no compensation for their service on the board, but may be reimbursed for those expenses allowed by the comprehensive travel regulations, as promulgated by the department of finance and administration and approved by the attorney general and reporter.
History (2)
- Acts 2017, ch. 434, § 1
- 2018, ch. 753, § 2.
§ 11-8-105. Authority of board — Meetings — Bylaws — Conflicts of interest policy — Annual report — Audit of nonprofit entity. - (a) The board is authorized to:
- (1) Apply for and receive grants and matching funds to carry out the purposes of this chapter;
- (2) Request and receive gifts, contributions, bequests, and donations from public and private sources to effectuate its purpose. Any such funds received shall be deposited into the development fund; provided, that, if any such gifts, contributions, bequests, and donations are not in the form of funds, any income, rents, or proceeds generated from the items received shall be deposited into the development fund;
- (3) Create or establish a nonprofit organization, which shall also be eligible to request and receive gifts, contributions, bequests, donations, and grants from any legal and appropriate source to effectuate the development fund's purpose;
- (4) Enter into contracts and cooperative agreements with state, federal, and local governments, with private individuals and corporations, and with associations and organizations, as the board may deem necessary to carry out the purposes of this chapter;
- (5) Adopt policies and guidelines for the use of the development fund;
- (6) Make such studies and recommendations to the department concerning the Ocoee River management zone; and
- (7) Take any other necessary actions to carry out this chapter.
- (b) The board shall meet not less than twice a year.
- (c) The board shall adopt bylaws. The board chairperson and other officers shall be selected as provided in the bylaws.
- (d) The board shall adopt and implement a policy related to conflicts of interest, to ensure that all board members avoid any situation that creates an actual or perceived conflict of interest related to the work of the development fund board.
- (e) The board shall submit an annual report to the governor, speaker of the house of representatives, speaker of the senate, the chair of the energy, agriculture and natural resources committee of the senate, and the chair of the agriculture and natural resources committee of the house of representatives by June 30 of each year. The report shall include detailed information on the operation and financial status of the development fund and any nonprofit entity created pursuant to subdivision (a)(3).
- (f) Any nonprofit entity created pursuant to subdivision (a)(3) shall be subject to an annual audit by the comptroller of the treasury, and the entity shall bear the full costs of the audit.
§ 11-8-106. Reimbursement of management costs incurred by county. - Any county that incurs costs for the management of the Ocoee River management zone shall submit a financial statement and justification for costs incurred to the board. The board shall reimburse such counties for all costs determined by the board to be reasonable.
§ 11-8-107. Permits for commercial operation — Recreation fee — Promulgation of rules. - (a) Beginning in the 2019 rafting season, and continuing for each subsequent rafting season, the commissioner is authorized to issue permits to commercial operations conducting business within the Ocoee River management zone.
- (b) The commissioner is authorized to levy and collect the Ocoee River recreation fee, which shall be ten percent (10%) of the annual gross revenue generated by commercial activities occurring within the Ocoee River management zone. Revenue generated from the fee shall be deposited in the development fund pursuant to the issuance of a permit as authorized in subsection (a).
- (c) The commissioner shall have the authority to revoke the permit of any commercial operations conducting business within the Ocoee River management zone for failure to comply with the rules promulgated by the commissioner pursuant to this chapter. Revocation of permits shall be carried out in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
- (d) The commissioner is authorized to promulgate rules to effectuate the purposes of this chapter. Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act.
- (e)
- (1) The department shall not issue more than twenty-four (24) permits pursuant to this section.
- (2) Persons issued and possessing a permit as of June 30, 2024, may transfer the permit with prior written approval of the commissioner:
- (A) To a member of the person's immediate family;
- (B) Pursuant to a purchase and sale agreement; or
- (C) As authorized by department rule.
- (3) As used in this section, “immediate family” means a spouse, child, step-child, brother, sister, son-in-law, daughter-in-law, parent, or grandparent.
History (2)
- Acts 2017, ch. 434, § 1
- 2024, ch. 1044, § 5.
§ 11-8-108. Appropriations for fiscal year 2017-2018. - Any appropriations made in the general appropriations act for fiscal year 2017-2018 and allocated to the development fund shall be held in the fund until all contracts and memorandums of understanding have been entered into by state, federal, and private entities to ensure the continued release of water for recreational purposes on the Ocoee River beyond the year 2018.
Chapter 9 Recreational Development Part 1 Parks and Recreation Areas § 11-9-101. Purpose of part. - The general assembly finds that the state of Tennessee and its subdivisions should enjoy the benefits of private, local and federal assistance programs for the planning and development of the outdoor recreation resources of the state, including the acquisition of lands and waters and interests therein. It is the purpose of this part to provide authority to enable the state of Tennessee and its subdivisions to participate in the benefits of such programs.
History (2)
- Acts 1965, ch. 181, § 1
- T.C.A., § 11-1201.
§ 11-9-102. Cooperative planning, developing and acquiring outdoor recreational resources. - The commissioner of environment and conservation, in cooperation with the state planning office and other state, federal, local and private agencies, is authorized to prepare, maintain and keep up to date a comprehensive plan for the development of the outdoor recreation resources of the state, to develop, operate and maintain outdoor recreation areas and facilities of the state, and to acquire lands, waters and interest in lands and waters for such areas and facilities.
History (3)
- Acts 1965, ch. 181, § 2
- impl. am. Acts 1972, ch. 542, § 15
- T.C.A., § 11-1202.
§ 11-9-103. New areas acquired for parks or recreation. - The commissioner of environment and conservation, with the approval of the governor, may select, and by purchase, gift or lease, acquire and make a part of the park system any new area which in the commissioner's judgment should be developed as a state park, or recreation area.
History (2)
- Acts 1965, ch. 181, § 3
- T.C.A., § 11-1203.
§ 11-9-104. Powers and duties of commissioner of environment and conservation. - (a) The commissioner of environment and conservation may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal programs respecting outdoor recreation.
- (b) The commissioner may enter into contracts and agreements with the United States or any appropriate agency thereof, keep financial and other records relating thereto, and furnish to appropriate officials and agencies of the United States such reports and information as may be reasonably necessary to enable such officials and agencies to perform their duties under such programs.
- (c) In connection with obtaining the benefits of such programs, the commissioner shall coordinate the commissioner's activities with and represent the interest of all agencies and subdivisions of the state having interest in the planning, development, and maintenance of outdoor recreation resources and facilities.
History (4)
- Acts 1965, ch. 181, § 4
- 1976, ch. 806, § 1(139)
- T.C.A., § 11-1204
- Acts 1982, ch. 560, § 3.
§ 11-9-105. Local and private funds. - The commissioner of environment and conservation may receive local and private funds for the purpose of carrying out this part.
History (2)
- Acts 1965, ch. 181, § 5
- T.C.A., § 11-1205.
§ 11-9-106. State's share of funds required before agreement — Public maintenance of areas and facilities — Federal-aid funds to subdivisions. - (a) The commissioner of environment and conservation shall make no commitment or enter into any agreement pursuant to an exercise of authority under this part until the commissioner has determined that sufficient funds are available to the commissioner for meeting the state's share, if any, of project costs.
- (b) It is the legislative intent that, to such extent as may be necessary to assure proper operation and maintenance of areas and facilities acquired or developed pursuant to any program participated in by the state under authority of this part, such areas and facilities shall be publicly maintained for outdoor recreation purposes.
- (c) The commissioner may enter into and administer agreements with the United States or any appropriate agency thereof for planning, acquisition, and development projects involving participating federal aid funds on behalf of any subdivision or subdivisions of this state; provided, that such subdivision or subdivisions give necessary assurances to the commissioner that they have available sufficient funds to meet their shares, if any, of the cost of the project and that the acquired or developed areas will be operated and maintained at the expense of such subdivision or subdivisions for public outdoor recreation use.
History (2)
- Acts 1965, ch. 181, § 6
- T.C.A., § 11-1206.
§ 11-9-107. Funds deposited in state treasury — Disbursement. - Any federal, local or private funds which may be received under this part shall be deposited in the state treasury and credited to an account for the purpose of carrying out this part. The funds in this account, unless otherwise directed by federal law, shall be disbursed in the usual manner as state funds. All disbursements are to be subject to the approval of the governor and of the commissioner of finance and administration.
History (2)
- Acts 1965, ch. 181, § 7
- T.C.A., § 11-1207.
§ 11-9-108. Parks and recreation programs technical advisory service — Appropriation from federal funds. - There is created in the department of environment and conservation a technical advisory service to assist county and municipal governments in the establishment and operation of parks and recreation programs by providing technical and other advice. The source of funding for this service is hereby specified as being the administrative funds apportioned to the department each year from the federal land and water conservation fund.
History (3)
- Acts 1978, ch. 766, §§ 1, 2
- 1979, ch. 105, §§ 1, 2
- T.C.A., § 11-1208.
Part 2 Recreation Initiative Program § 11-9-201. Short title. - The title of this part is and may be cited as the “Tennessee Recreation Initiative Program of 1995.”
§ 11-9-202. Qualified applicants — Grants — Community matching. - (a) Any city or county wishing to participate in this program may apply for funding through a competitive matching grant process as established by the department of environment and conservation's recreation services division.
- (b) Three (3) grants shall be awarded annually on the basis of need and population on a statewide basis, with one (1) award to be made in each grand division; provided, however, that, if, after the department notifies local governments of the availability of the grants, there are no applications from a grand division, then the department may award more than one (1) grant to a grand division. Any grant proposal that is based on a multi-government project shall have priority over all other projects submitted by a single governmental entity.
- (c) The state grants and the community's match shall be used to hire a professional recreation and park director, to furnish and establish a recreation office and to hire such other staff with professional or other appropriate qualifications as are needed.
- (d)
- (1) The grant shall be for a three-year period.
- (2) During the first two (2) years in the program, the community shall match up to fifty thousand dollars ($50,000) from the state.
- (3) The third year in the program, the community is responsible for one hundred percent (100%) of the funding for the new program. If the community fails to fund the third year, the dollar value of total grants received would be owed to the state because of the community's failure to fulfill its contract.
- (4) After the third year, the community shall have no obligation to continue the program.
- (e) State support during the grant period shall include:
- (1) Assistance selecting professional staff;
- (2) Staff training;
- (3) Technical assistance on establishing a board or commission; and
- (4) Additional funding opportunities.
History (2)
- Acts 1995, ch. 540, § 3
- 2006, ch. 595, §§ 1-3.
§ 11-9-203. Budget. - (a) The total budget for this program in its first year of operation shall be:
- (1) Three (3) new recreation programs at twenty-five thousand dollars ($25,000) each; and
- (2) Administrative costs of eight thousand dollars ($8,000) for each department;
- for a total of ninety-nine thousand dollars ($99,000) expended by the state in the first year of the program.
- (b) The implementation of this part is subject to funding in the general appropriations act.
Chapter 10 Lease of Recreational Lands to State — Liability of Lessor § 11-10-101. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Charge” means the amount of money asked in return for an invitation to enter or go upon the land;
- (2) “Conservation easement” means a conservation easement as defined in § 66-9-303;
- (3) “Land” includes, but is not limited to, roads, water, watercourses, private ways and buildings, structures and machinery or equipment thereon when attached to the realty;
- (4) “Owner” includes, but is not limited to, tenant, lessee, occupant or person in control of the premises;
- (5) “Public use easement” means a public use easement as defined in § 11-13-102; and
- (6) “Recreational purposes” includes, but is not limited to, any one (1) or any combination of the following: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, and visiting, viewing or enjoying historical, archaeological, scenic or scientific sites, or otherwise using land for purposes of the user.
History (3)
- Acts 1967, ch. 246, § 3
- T.C.A., § 11-1301
- Acts 1982, ch. 554, § 1.
§ 11-10-102. Land leased to political entity for recreational purposes — Duty of care — Warnings. - (a) Unless otherwise agreed in writing, an owner of land leased to the state or any agency thereof, or any county or municipality or agency thereof, for recreational purposes, owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon.
- (b) An owner who leases land to the state or any agency thereof, or any county or municipality or agency thereof, for recreational purposes, shall not by giving such lease:
- (1) Extend any assurance to any person using the land that the premises are safe for any purpose;
- (2) Confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or
- (3) Assume responsibility for or incur liability for any injury to a person or property caused by an act or omission of a person who enters upon the leased land.
- (c) This section applies whether the person entering upon the leased land is an invitee, licensee, trespasser or otherwise.
History (2)
- Acts 1967, ch. 246, § 1
- T.C.A., § 11-1302.
§ 11-10-103. Land subject to conservation or public use easement — Duty of care — Warnings. - (a) An owner of any land, which is subject to a conservation easement or public use easement, granted to or acquired and held by the state or any agency thereof, owes no duty of care to keep that land safe for entry or use by others or to give warning to any person entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon.
- (b) An owner of land which is subject to an easement granted to or acquired and held by the state or any agency thereof, shall not, by granting such easement:
- (1) Warrant by implication that the real property included in the easement is safe for any purpose;
- (2) Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or
- (3) Assume responsibility for or incur liability for any injury to any person or property caused by an act or omission of any person who enters upon the land subject to such easement.
- (c) This section applies whether the person entering upon the land subject to such easement is an invitee, licensee, trespasser or otherwise.
§ 11-10-104. Certain existing liabilities unaffected. - (a) Nothing in this chapter shall be construed as limiting in any way any liability which otherwise exists:
- (1) For willful or malicious failure to guard or warn against a dangerous or hazardous condition, use, structure, or activity; or
- (2) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land other than the amount, if any, paid to the owner of the land by the state or any agency thereof, or any county or municipality or agency thereof.
- (b) Nothing in this chapter shall be deemed to create a duty of care or ground of liability for injury to person or property, and nothing in this chapter shall limit in any way the obligation of a person entering upon or using the land of another for recreational purposes to exercise due care in such person's use of such land and in such person's activities thereon.
History (2)
- Acts 1967, ch. 246, § 2
- T.C.A., §§ 11-1303, 11-10-103.
§ 11-10-105. Conservation easements — No duty of care — Applicability. - (a) An owner of any land, which is subject to a conservation easement, whether such easement contains or does not contain a public use clause granted to or acquired and held by the state or any agency thereof, or any county or municipality or agency thereof, or an owner of any land, which is subject to a public use easement, granted to or acquired and held by the state or any agency thereof, owes no duty of care to keep that land safe for entry or use by others or to give warning to any person entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon.
- (b) An owner of land which is subject to a conservation easement, whether such easement contains or does not contain a public use clause, granted to or acquired and held by the state or any agency thereof, or any county or municipality or agency thereof, or an owner of land which is subject to a public use easement granted to or acquired and held by the state or any agency thereof, shall not, by granting such easement:
- (1) Warrant by implication that the real property included in the easement is safe for any purpose;
- (2) Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or
- (3) Assume responsibility for or incur liability for any injury to any person or property caused by an act or omission of any person who enters upon the land subject to such easement.
- (c) This section applies whether the person entering upon the land subject to such easement is an invitee, licensee, trespasser or otherwise.
History (2)
- Acts 1988, ch. 965, §§ 1, 2
- 1990, ch. 781, § 1.
§ 11-10-106. Owner liability to users of property for outdoor recreation. - (a) An owner of land who enters into a cooperative agreement with a public utility owned by the federal government for the use of the public utility's land in conjunction with the owner's land of at least one hundred (100) acres that is made available to the public as a park for outdoor recreational purposes without charge, except for a nominal parking fee or special event fee, owes no duty of care to persons entering or going upon such land and is not liable for any loss, damages, or injury to such persons.
- (b) This section does not limit liability for any conduct that constitutes gross negligence or willful and wanton misconduct.
- (c) As used in this section, “outdoor recreational purposes” means any activity within an outdoor environment, including, but not limited to, fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, biking trails and bike skills areas, greenway trails, nature study, non-motorized boat access, and playgrounds.
Chapter 11 Tennessee Trails System Part 1. Tennessee Trails System Act. § 11-11-101. Short title. - This chapter shall be known and may be cited as the “Tennessee Trails System Act.”
History (2)
- Acts 1971, ch. 103, § 1
- T.C.A., § 11-1601.
§ 11-11-102. Trail system authorized — Purpose of chapter. - (a) In order to provide for the ever increasing outdoor recreation needs of an expanded population and in order to promote public access to, travel within, and enjoyment and appreciation of the outdoor, natural and remote areas of the state, trails should be established:
- (1) In natural, scenic areas of the state; and
- (2) In and near urban areas.
- (b) The purpose of this chapter is to provide the means for attaining these objectives by instituting a state system of scenic and recreation trails, by designating certain trails as the initial components of that system, and by prescribing the methods by which, and standards according to which, additional components may be added to the system.
History (2)
- Acts 1971, ch. 103, § 2
- T.C.A., § 11-1602.
§ 11-11-103. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Commissioner” means the commissioner of environment and conservation;
- (2) “Conservation easement” means a conservation easement as defined in § 66-9-303;
- (3) “Department” means the department of environment and conservation;
- (4) “Political subdivision” means any county, any incorporated city or town, or other political subdivision; and
- (5) “System” means the “Tennessee trails system” as established in this chapter and including all trails and trail segments, together with their rights-of-way, whether initially designated or later added by any of the procedures described in the chapter.
History (3)
- Acts 1971, ch. 103, § 3
- T.C.A., § 11-1603
- Acts 1981, ch. 361, § 9.
§ 11-11-104. Composition of system. - The system shall be composed of:
- (1) State scenic trails, which will be extended trails so located as to provide maximum potential for the appreciation of natural areas and for the conservation and enjoyment of the significant scenic, historic, natural, ecological, geological or cultural qualities of the areas through which such trails may pass. Each of these trails will be limited exclusively to foot use, except that the use by horses or nonmotorized bicycles may also be permitted on segments of scenic trails where deemed appropriate by the department. Because of their extended length, the state scenic trails shall be supplemented by support facilities located only on that part of a trail which is in a state park, recreation area or wildlife management area. Such support facilities may include, where deemed necessary and feasible, primitive shelters, fireplaces, safe water supply, and other related public use facilities. These facilities shall concur with department standards. No open wood fires shall be permitted on state scenic trails except in areas with support facilities specifically designated for such purpose;
- (2) State recreation trails, which will provide a variety of outdoor recreation uses in or reasonably accessible to urban areas. These trails may be of the following types:
- (A) Foot;
- (B) Horse; or
- (C) Nonmotorized bicycles; and
- (3) Connecting or side trails, which will provide additional points of public access to state recreation or state scenic trails or which will provide connections between such trails. They shall be of the nature of the trails they serve.
History (2)
- Acts 1971, ch. 103, § 4
- T.C.A., § 11-1604.
§ 11-11-105. Criteria for trails. - Criteria for establishing the different classes of trails named in § 11-11-104 shall be as follows:
- (1) State scenic trails shall traverse mostly scenic and natural areas and shall be of sufficient length that they cannot be traveled in one (1) day or less. Scenic trails shall be narrow paths causing the minimum disturbance to the natural environment, and shall be restricted to foot travel, with all other modes of locomotion prohibited, except as set forth in §§ 11-11-104(1) and 11-11-114; and
- (2) Horse and bicycle trails shall have a surface and overhead clearance appropriate for their designated mode of locomotion. Motorized vehicles of any kind shall be barred from foot, horse, and bicycle trails, except as set forth in § 11-11-114.
History (2)
- Acts 1971, ch. 103, § 5
- T.C.A., § 11-1605.
§ 11-11-106. Initial components. - The following trails shall be included as an initial component of the Tennessee trails system, as a state scenic trail:
- (1) The Appalachian Trail, that portion as recorded in the federal register, running descriptively from the Virginia state line southeast to U. S. Route 19E in the vicinity of the Tennessee-North Carolina state line to Doe Knob in the Great Smoky Mountains;
- (2) The Cumberland Trail, running roughly from the Tennessee state line near Marion and Hamilton counties to Cumberland Gap, following the scenic mountains, gorges, and escarpments of the Cumberland as the route is determined by the department;
- (3) The Trail of Tears, running roughly from south of Cleveland near Red Clay to and crossing the Hiwassee River, then crossing the Tennessee River, intersecting the Cumberland Trail and passing through Fall Creek Falls State Park, continuing on to Cedars of Lebanon State Park and thence northwestward to Paris Landing State Park as the route is determined by the department;
- (4) The John Muir Trail, running roughly from the mouth of Wolf River in Fentress County joining Pickett State Park and continuing south along the scenic south fork of the Cumberland River to Frozen Head State Park, formerly known as Morgan State Forest, intersecting the Cumberland Trail and thence southeastward to the Hiwassee Scenic River, thence to the North Carolina line as the route is determined by the department;
- (5) The Trail of the Lonesome Pine, beginning near Corryton in Knox County, thence running roughly the entire length, northeastward, of Grainger and Hawkins counties, following closely the scenic gorges and escarpments of the Clinch Mountain range as the route is determined by the department;
- (6) The Chickasaw Bluffs Trail, running roughly from T.O. Fuller State Park south of Memphis to the proposed Fort Pillow State Park in Lauderdale County and continuing northward to terminate at Reelfoot Lake State Park, following the scenic floodplains and bluffs of the Mississippi River as the route is determined by the department;
- (7) The Natchez Trace, following the Natchez Trace Parkway from the Tennessee state line in Wayne County to Nashville in the vicinity of Tennessee State Route 100 as the route is determined by the department. The Natchez Trace shall include both foot and horse trails; and
- (8) The Overmountain Victory Trail, that portion lying within the boundaries of this state, generally following the route traveled by the “overmountain men” in their journey from Sycamore Shoals across the Appalachian Mountains to the site of the Kings Mountain battlefield in South Carolina. In order to ensure completion of this trail outside Tennessee, the commissioner shall work directly with officials of the states of North Carolina and South Carolina to encourage them to develop that portion of the route of the Overmountain Victory Trail within their respective states.
History (3)
- Acts 1971, ch. 103, § 6
- 1976, ch. 483, § 1
- T.C.A., § 11-1606.
§ 11-11-107. Establishment of scenic or recreation trails. - (a) State scenic trails shall be authorized and designated only by an act of the general assembly.
- (b) The department may establish and designate state recreation trails on lands administered by the department; and/or on lands under the jurisdiction of a state department, political subdivision, or private lands providing:
- (1) Such trails are reasonably accessible to urban areas;
- (2) Such trails meet the criteria established in this chapter and such supplementary criteria as may be prescribed; and/or
- (3) Fee simple, conservation easements or other rights are obtained from a private landowner through which a state recreation trail may pass. The department may establish and designate state recreation trails on lands under the jurisdiction of a federal agency, when in the opinion of the federal agency and the commissioner such lands may be so developed under federal law and subdivisions (b)(1) and (2).
- (c) As provided in this section, trails within park, forest, recreation areas, state natural areas, or any other public area may be established and designated as “state recreation trails” by the department.
- (d) Connecting or side trails within park, forest, recreation area or natural area may be established, designated, and marked as components of a state recreation or state scenic trail.
History (3)
- Acts 1971, ch. 103, § 7
- T.C.A., § 11-1607
- Acts 1981, ch. 361, § 10.
§ 11-11-108. Proposals for establishing trails. - The commissioner shall study and, from time to time, submit to the governor and to the general assembly proposals for additions to the state scenic trails system, as well as reports on state recreation trails that have been designated by the department, regarding rights-of-way that have been established and on the program for implementing this chapter. Each proposal shall include a short statement on the significance of the various trails to the system.
History (2)
- Acts 1971, ch. 103, § 8
- T.C.A., § 11-1608.
§ 11-11-109. Locating routes of trails. - The process of locating routes of trails initially included in, as well as trails to be added to, the system shall be as follows:
- (1) For state scenic trails, the department shall select a route. The selected route shall be compatible with preservation or enhancement of the environment it traverses. Reasonable effort shall be made to minimize any adverse effects upon adjacent landowners and users. Notice of the selected route shall be published by the department in a newspaper of general circulation in the area in which the trail is located, together with appropriate maps and descriptions. Such publication shall be prior to the recommendation by the department to the general assembly;
- (2) For state recreation trails and for connecting or side trails, the department shall select the route; provided, that when a route traverses land within the jurisdiction of a governmental unit or political subdivision, the department shall consult with such unit or such subdivision prior to its final determination for the location of the route;
- (3) In selecting routes and implementing this chapter, the department is encouraged to confer with the recognized and established organizations primarily interested in trail development, conservation and outdoor recreation, it being the intent of this section to recognize the efforts and work already completed on such scenic trails as the Appalachian and Cumberland trails by such organizations. Furthermore, the general assembly encourages citizen participation in trail acquisition, construction, development, and maintenance where such activities will not conflict with the purpose of this chapter; and
- (4) In the selection of the route for any trails, when the trail reaches an area of crop or fenced pasture land, the trail shall be so located as not to interfere in the growing of crops or with the livestock or pasture land and such trail may then follow existing farm roads. The owner of such farmlands may enter a written agreement with the department to grant permission for the crossing of such crop or pasture land.
History (2)
- Acts 1971, ch. 103, § 9
- T.C.A., § 11-1609.
§ 11-11-110. Reports of other agencies on activities that may affect trails. - All state agencies shall, promptly upon enactment of this chapter, inform the commissioner of any proceedings, studies, or other activities within their jurisdiction, and regardless of by whom requested, which are now in progress and which affect or may affect any of the trails specified in § 11-11-106. They shall likewise inform the commissioner of any such proceedings, studies or other activities which are hereafter commenced or resumed before they are commenced or resumed and that may affect any initial component of, or later addition to, the system.
History (2)
- Acts 1971, ch. 103, § 10
- T.C.A., § 11-1610.
§ 11-11-111. Consideration of abandoned rights-of-way — Establishment of trail right-of-way boundaries. - The department shall review all formal declarations of railroad right-of-way abandonments by the interstate commerce commission, for possible inclusion into the state trails system. The commissioner shall, within three (3) years after the route of a trail or trail segment included in the system has been located, determine the boundaries of the right-of-way to be associated with that trail. Such boundaries shall be established in such a manner that they protect the scenic value of the trail.
History (2)
- Acts 1971, ch. 103, § 11
- T.C.A., § 11-1611.
§ 11-11-112. Acquisition of property. - (a) Within the exterior boundaries of the right-of-way, the commissioner may acquire, on behalf of the state of Tennessee, lands in fee title, or interest in land in the form of conservation easements or cooperative agreements. Acquisition of land or of interest therein may be by gift, purchase with donated funds or funds appropriated by the general assembly, proceeds from the sale of bonds, exchange, assumption of property tax payments, or otherwise. Acquisition of land or interest therein shall be accomplished with all possible speed. In acquiring real property or the property interest therein, as defined in this section, the power of eminent domain shall not be utilized to acquire a fee simple or lessor interests to more than twenty-five (25) acres in any one (1) mile of trail length. Such power shall not be used to acquire crop or fenced pasture land when such acquisition will interfere with the growing of crops or with the livestock or pasture land on the remaining property of the farm owner.
- (b) The power of eminent domain shall not be utilized for acquisitions in the Chickasaw Bluffs Trail area, as defined in § 11-11-106.
History (4)
- Acts 1971, ch. 103, § 12
- 1976, ch. 469, § 1
- T.C.A., § 11-1612
- Acts 1981, ch. 361, § 10.
§ 11-11-113. Use of right-of-way — Hunting restricted. - (a) Within the external boundaries of the right-of-way, the natural vegetation shall be kept undisturbed except for any clearing required for construction of the trail, occasional vistas, or trail-use facilities described in § 11-11-117. The department shall make every effort to avoid any use of the right-of-way that is incompatible with the purposes for which the trails were established. Development and management of each segment of the state trails system shall be designed to harmonize with and complement any established multiple-use plans for that specific area in order to ensure continual maximum benefits from the land. Other uses along the trail which will not substantially interfere with the nature and purposes of the trail may be permitted by the department.
- (b) No hunting of wild game shall be permitted on or along any section of the system except as authorized by the department; provided, that the owner of real property adjacent to any part of the system may hunt with or without department authorization on that portion of the system which is adjacent to such owner's property.
History (2)
- Acts 1971, ch. 103, § 13
- T.C.A., § 11-1613.
§ 11-11-114. Motorized vehicles prohibited — Exceptions — Prosecution for violations. - (a) The use of motorized vehicles by the general public within the right-of-way of any state scenic or recreation trail shall be prohibited, and nothing in this chapter shall be construed as authorizing the use of motorized vehicles in these rights-of-way.
- (b) The department shall establish regulations which shall authorize the use of motorized vehicles when such vehicles are required to meet emergencies where life or health is at risk, or to enable present or adjacent landowners or land users to have access to their lands or timber rights where no reasonable alternative method of access exists or could be constructed.
- (c) Prosecution for violation of this section may be initiated by a peace officer who witnessed an offense in violation of this section or by any private citizen who witnessed any violation of this section who is willing to make the initial charge and testify for the state.
History (2)
- Acts 1971, ch. 103, § 14
- T.C.A., § 11-1614.
§ 11-11-115. Application of law to area becoming part of a park or other state system. - Any component of the system that is or shall become a part of any state park, recreation area, wildlife management area, or similar area shall be subject to this chapter and the laws under which the other areas are administered, and, in the case of conflict between these laws, the more restrictive provisions shall apply.
History (2)
- Acts 1971, ch. 103, § 15
- T.C.A., § 11-1615.
§ 11-11-116. Signs and markers. - The department, in consultation with appropriate governmental agencies, and public and private organizations shall establish a uniform marker for trails contained in the system. An additional appropriate symbol characterizing specific trails may be included on the marker. The markers shall be placed at all access points, together with signs indicating the modes of locomotion that are prohibited for the trail. Where the trail constitutes a portion of a national scenic trail, use of the national scenic trail uniform marker shall be considered sufficient. The route of the trail and the boundaries of the right-of-way shall be marked with paint or other simple means.
History (2)
- Acts 1971, ch. 103, § 16
- T.C.A., § 11-1616.
§ 11-11-117. Administration of system — Maintenance. - (a) The Tennessee trail system shall be administered by the department according to the policies and criteria set forth in this chapter.
- (b) The department shall, in addition, have or designate the responsibility for maintaining the trails, building bridges, campsites, shelters, and related public-use facilities where required.
History (2)
- Acts 1971, ch. 103, § 17
- T.C.A., § 11-1617.
§ 11-11-118. Relocation procedure. - (a) Segments of the state trails may be relocated when such relocation is deemed necessary to preserve or enhance the values for which the trail was established.
- (b) Relocation may be accomplished by the department after consultation with other governmental agencies involved, and following publication of notice in a newspaper of general circulation, together with maps and descriptions.
- (c) In establishing the new location and right-of-way, the procedures set forth in §§ 11-11-109 — 11-11-113 shall be followed.
History (2)
- Acts 1971, ch. 103, § 18
- T.C.A., § 11-1618.
§ 11-11-119. State trails as part of national system. - (a) Nothing in this chapter shall preclude a component of the state trails system from becoming a part of the national trails system.
- (b) The commissioner shall coordinate the state trails system with the national trails system and is directed to encourage and assist any federal studies for inclusion of Tennessee trails in the national trails system.
- (c) The commissioner may enter into written cooperative agreements for joint federal-state administration of a Tennessee component of the national trails system; provided, that such agreements for administration of land uses are not less restrictive than those set forth in this chapter.
History (2)
- Acts 1971, ch. 103, § 19
- T.C.A., § 11-1619.
§ 11-11-120. Violations — Compelling compliance — Penalties. - (a) Whoever violates, fails, neglects or refuses to obey any provision of this chapter, or regulation or order of the commissioner may be compelled to comply with or obey the same by injunction, mandamus, or other appropriate remedy.
- (b) Whoever violates, fails, neglects, or refuses to obey any of this chapter or regulation or order of the commissioner may be punished by a fine of not more than fifty dollars ($50.00) for each day of such violation.
History (2)
- Acts 1971, ch. 103, § 20
- T.C.A., § 11-1620.
Part 2 Tennessee Adventure Tourism and Rural Development Act of 2011 § 11-11-201. Short title. - This part shall be known and may be cited as the “Tennessee Adventure Tourism and Rural Development Act of 2011.”
§ 11-11-202. Plan for promotion and development of adventure tourism and other recreation and economic development in rural areas. - The department of economic and community development, in cooperation with the department of environment and conservation, is directed to study and develop a plan for the promotion and development of adventure tourism and other recreational and economic development activities in rural areas of this state. Such study and plan shall be developed within existing departmental resources. The departments are directed to consider natural areas, best available science, existing recreational opportunities, economic conditions, including, but not limited to, persistent high unemployment, safety and environmental issues, and community interest in developing such plan. Such plan should include recommendations on whether and to what extent existing laws should be amended and any new laws should be enacted in order to encourage development of adventure tourism in this state. The department of environment and conservation and the department of tourist development are authorized to promulgate rules to effectuate the purposes of this part.
History (2)
- Acts 2011, ch. 383, § 1
- 2016, ch. 845, § 1.
§ 11-11-203. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Adventure tourism” means outdoor recreational opportunities such as equine and motorized trail riding, white water rafting and kayaking, rappelling, road biking, rock climbing, hang-gliding, spelunking, shooting sports, mountain biking, canoeing, paragliding, rowing, zip lining and other such activities;
- (2) “Adventure tourism district” means a defined geographic area identified and authorized by a two-thirds (⅔) vote of a local governing body and approved by the department and the department of environment and conservation as an area where the promotion of adventure tourism is encouraged;
- (3) “All-terrain vehicle” means either:
- (A) A motorized vehicle with not less than four (4) nonhighway tires, nor more than six (6) nonhighway tires, that is limited in total dry weight up to three thousand five hundred pounds (3,500 lbs.), and is eighty inches (80″) or less in width measured from the outside of the tire rim to the outside of the tire rim;
- (B) A motor vehicle as defined in § 55-1-103, which possesses a four-wheel drive capability and that is designed and suitable for operation off the highway on natural terrain; or
- (C) A motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, or other natural terrain and not intended for use on public roads traveling on two (2) wheels and having a seat or saddle designed to be straddled by the operator and handlebars for steering control;
- (4) “Best interests of the state” means a determination by the commissioner of revenue, with approval by the commissioner of tourist development, that:
- (A) The qualified business enterprise or enterprises made within or adjacent to an adventure tourism district is a result of the special allocation and tax credits provided for in § 67-4-2109(b)(2)(C);
- (B) The adventure tourism district is a result of such qualified business enterprise or enterprises; and
- (C) The zone is not structured to create a competitive advantage for one business;
- (5) “Canoeing” means the use of canoe for navigation of waterways;
- (6) “Department” means the department of tourist development;
- (7) “Hang-gliding” means an air sport in which a pilot flies a light and un-motorized aircraft launched by foot;
- (8) “Kayaking” means the use of a kayak for navigation of waterways;
- (9) “Local governing body” means the elected legislative body of a municipal, metropolitan or county government;
- (10) “Motorized trail riding” means the exploration of trails and natural areas by use of all-terrain vehicles;
- (11) “Mountain biking” means the exploration of trails and natural areas by the use of bicycles;
- (12) “Paragliding” means the air sport in which a pilot flies a light motorized aircraft that uses a parachute to stay airborne;
- (13) “Rappelling” is the controlled descent down a rope by climbers used to explore cliffs or slopes that are too steep to descend without protection;
- (14) “Road biking” means both noncompetitive and competitive bicycling events that take place on improved roads;
- (15) “Rock climbing” means the recreational sport of climbing up or across natural rock formations;
- (16) “Rowing” means the propelling of a boat by means of oars;
- (17) “Shooting sports” means the recreational sport of firing handguns, rifles or shotguns at moving or fixed targets;
- (18) “Spelunking” means the recreational sport of exploring noncommercial cave systems;
- (19) “Triathlon” means the recreational activity of sporting contests involving open waters swimming, bicycle riding, and running, whether on trails or improved roads;
- (20) “White water rafting” means the recreational activity of using an inflatable raft or kayak to navigate rough water; and
- (21) “Zip lining” means the exploration of natural areas by use of above-ground cable systems.
History (8)
- Acts 2011, ch. 383, § 1
- 2012, ch. 867, §§ 1, 2
- 2013, ch. 226, § 1
- 2013, ch. 378, § 1
- 2016, ch. 845, § 2
- 2016, ch. 1015, §§ 13, 14
- 2018, ch. 585, §§ 3, 4
- 2021, ch. 103, § 2.
§ 11-11-204. Creation of adventure tourism district. - (a) A local governing body may, by a two-thirds (⅔) vote authorize the creation of a district within the boundaries of such governing body as an adventure tourism district by developing an adventure tourism district plan. Alternatively, one (1) or more counties or one (1) or more municipalities may enter into an intergovernmental agreement pursuant to the Interlocal Cooperation Act, compiled in title 12, chapter 9, to designate jointly an adventure tourism district that contains area within the boundaries of more than one (1) local government.
- (b) Adventure tourism professionals may petition local governing bodies to authorize the creation of an adventure tourism district. Such petition shall be accompanied by specific business plans based on quantifiable data demonstrating that the creation of an adventure tourism district would enhance sustainable economic development in the area.
- (c) Upon a local governing body or bodies authorizing the creation of an adventure tourism district, the adventure tourism district plan shall be submitted to the department of tourist development and the department of revenue for joint approval as an adventure tourism district. Such approval shall be granted if the commissioner of tourist development and the commissioner of revenue determine that the allocation of franchise and excise tax credits are in the best interests of the state.
- (d) Following the approval of the department of tourist development and the department of revenue for an adventure tourism district pursuant to subsection (c), a local governing body may submit the adventure tourism district plan to:
- (1) The department of revenue for approval of tax credits pursuant to § 67-4-2109; and
- (2) The department of tourist development for promotional support through use of the department's existing resources.
History (3)
- Acts 2011, ch. 383, § 1
- 2013, ch. 378, § 4
- 2016, ch. 845, § 3.
§ 11-11-205. Liability — Warning notices — Limitations. - (a) Unless an adventure tourism professional or business acts intentionally or with gross negligence or is in violation of this part, or any other laws, ordinances, resolutions, rules or regulations pertaining to adventure tourism, which intentional or grossly negligent act or omission or violation is causal of the injury complained of, no action shall lie against any such professional or business by any adventure tourism activity participant or representative of an adventure tourism activity participant; this prohibition shall not, however, prevent the maintenance of an action against an adventure tourism professional or business for negligent design, construction or operation maintenance.
- (b) Each adventure tourism professional or business shall maintain general liability insurance with limits of not less than one million dollars ($1,000,000) per occurrence.
- (c) Each adventure tourism professional or business shall post and maintain signs that contain the warning notice specified in subsection (d). The signs shall be placed in clearly visible locations at such businesses. The warning notice specified in subsection (d) shall appear on the sign in black letters, with each letter to be a minimum of one inch (1″) in height. In addition to any other waivers or warnings signed by participants, every written contract entered into by an adventure tourism professional or business for the providing of professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves activities on or off the location or site of the adventure tourism professional's business, shall contain in clearly readable print the warning notice specified in subsection (d).
- (d) The signs and contracts described in subsection (c) shall contain the following warning notice:
-
- Under Tennessee Law, an adventure tourism professional is not liable for an injury to or the death of a participant in adventure tourism activities resulting from the inherent risks of such activities, pursuant to Tennessee Code Annotated, title 11, chapter 11.
- The State of Tennessee is held harmless for any act of approval of an adventure tourism business. State approval is limited to determining eligibility for tax credits only.
-
- (e) No action shall be maintained against an adventure tourism professional or business complying with this section unless such action is commenced within one (1) year from the date of injury.
History (2)
- Acts 2011, ch. 383, § 1
- 2013, ch. 378, § 3.
§ 11-11-206. Assistance by departments. - The department of environment and conservation and the department of tourist development may work together to provide assistance as deemed appropriate by the departments to encourage the development of adventure tourism within those regions of the state designated as suitable for such activities and where persistent high unemployment exists.
History (2)
- Acts 2011, ch. 383, § 1
- 2016, ch. 845, § 4.
Chapter 12 Hiking-Bicycle and Jogging Trails Part 1 Hiking-Bicycle Trails § 11-12-101. Feasibility studies. - (a) Whenever the state or a political subdivision thereof owns or regulates a right-of-way it is considering abandoning, such political entity shall conduct a study to determine the feasibility of converting such right-of-way into a hiking-bicycle trail.
- (b) The results of the study shall be reduced to writing, shall explain the reasoning underlying all conclusions reached and shall be made available for public inspection.
History (2)
- Acts 1965, ch. 181, § 1
- T.C.A., § 11-2001.
§ 11-12-102. Applicability. - This part only applies in those counties with a metropolitan form of government and in those counties with a population according to the 1970 federal census or any subsequent federal census of:
-
-
- 11,65011,675
- 23,46023,485
- 35,45035,475
- 50,67550,700
- 250,000300,000
-
History (2)
- Acts 1978, ch. 903, § 1
- T.C.A., § 11-2001.
Part 2 Jogging Trails § 11-12-201. Title. - This part shall be known and may be cited as the “Jogging Act of 1980.”
History (2)
- Acts 1980, ch. 835, § 1
- T.C.A., §§ 53-6901, 68-51-101.
§ 11-12-202. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Commissioner” means the commissioner of health, who shall administer this part;
- (2) “Jogging trail” means any trail at least one (1) mile in length; and
- (3) “State land” includes any land owned, operated, or under the control or supervision of any department or agency of the state.
History (2)
- Acts 1980, ch. 835, § 3
- T.C.A., §§ 53-6902, 68-51-102.
§ 11-12-203. Survey of land available for jogging trails. - (a) Each agency of state government shall forward to the commissioner a survey of any state land under its control or supervision. The survey shall contain the following information:
- (1) The location of any tract or parcel of land sufficient in size to contain a jogging trail;
- (2) A statement of the suitability of the land for use by joggers and, if unsuitable, specific reasons for its unsuitability; and
- (3) A list of any obstacles that would have to be removed or altered to permit the establishment of a jogging trail on such land.
- (b) The department of transportation shall not be required to survey all lands currently in use as an existing highway, except as provided in this part.
History (2)
- Acts 1980, ch. 835, § 4
- T.C.A., §§ 53-6903, 68-51-103.
§ 11-12-204. Citizens' recommendations for possible jogging trails. - Any citizens' group or organization interested in running or jogging may recommend to the commissioner the use of any state land for designation as a jogging trail. Upon the recommendation of any citizens' group or organization to designate any existing highway as a jogging trail, the department of transportation, upon notice from the commissioner, shall within sixty (60) days complete the survey as required in § 11-12-203.
History (2)
- Acts 1980, ch. 835, § 5
- T.C.A., §§ 53-6904, 68-51-104.
§ 11-12-205. Designation of jogging trails. - The commissioner shall review the land surveys prepared by each department or agency, together with the recommendations of any interested citizens group, and shall designate such lands as the commissioner deems suitable as a jogging trail. In designating lands as jogging trails, the commissioner shall consider such factors as accessibility, local interest, safety, and the ability to obtain construction or maintenance assistance from interested groups. In counties with populations of fifty thousand (50,000) or more according to the 1970 federal census or any subsequent federal census, the commissioner shall designate as jogging trails, all lands that are suitable so as to place emphasis on jogging in these counties.
History (2)
- Acts 1980, ch. 835, § 6
- T.C.A., §§ 53-6905, 68-51-105.
§ 11-12-206. Posting of jogging trails — Maintenance. - (a) All lands designated by the commissioner for use as jogging trails shall be posted as such and shall be open to the public for jogging or running at all times unless the commissioner, in cooperation with the department or agency, shall exclude certain periods because of safety reasons.
- (b) The posting of designated jogging trails and the maintenance of trails in suitable condition, including removal or alteration of obstacles, shall be the responsibility of the agency having jurisdiction over the property comprising the trail.
History (2)
- Acts 1980, ch. 835, § 7
- T.C.A., §§ 53-6906, 68-51-106.
§ 11-12-207. Removal of designation. - Any department or agency may appeal to the governor to remove any state land under its control or supervision from the designation as a jogging trail.
History (2)
- Acts 1980, ch. 835, § 8
- T.C.A., §§ 53-6907, 68-51-107.
§ 11-12-208. Funding. - Any expenditures required under this part shall be from departmental appropriations made in the general appropriations act.
History (2)
- Acts 1980, ch. 835, § 9
- T.C.A., §§ 53-6908, 68-51-108.
Chapter 13 Scenic Rivers § 11-13-101. Title — Legislative intent. - (a) This chapter shall be known by the title “The Tennessee Scenic Rivers Act of 1968.”
- (b) The general assembly finds that certain rivers of Tennessee possess outstanding scenic, recreational, geological, fish and wildlife, botanical, historical, archaeological and other scientific and cultural values of great present and future benefit to the people. The general assembly further finds that the policy that has resulted in dam and other construction on many of the rivers of Tennessee needs to be complemented by a policy that would preserve other valuable selected rivers or sections thereof in their free-flowing natural or scenic condition and protect their water quality and adjacent lands. It is the policy of the general assembly to preserve and, if necessary, reclaim for the benefit of the people selected parts of Tennessee's diminishing resources of free-flowing rivers. It is the policy of the general assembly to maintain a proper balance between reservoirs and free-flowing rivers, to provide, thereby, a desirable variety of scenic, recreational, scientific and other values. It is the policy of the general assembly to preserve, within the scenic river system itself, several different types and examples of river areas, including the mountain streams and deep gorges of east Tennessee, the pastoral rivers of middle Tennessee and the swamp and wildfowl rivers of west Tennessee. For aesthetic as well as ecological and other scientific reasons, priority and especial emphasis shall be given to the preservation of natural, unspoiled, undeveloped river areas. Few of these are left in the eastern United States and the general assembly feels a strong obligation to the American people to protect the remarkably beautiful ones in Tennessee. The general assembly affirms that it must not deny the people of this generation and their descendants the opportunity to refresh their spirits with the infinite beauties of the unspoiled stream. To implement these policies, it is the purpose of this chapter to establish a state scenic rivers system by designating certain scenic river areas for immediate inclusion in the system and by prescribing the procedures and criteria for protecting and administering the system and for adding new components to it. It is not the intent of this chapter to require or to authorize acquisition of all lands within the exterior boundaries of scenic river areas but to assure preservation of the scenic, ecological and other values, and to provide proper management of the recreational, wildlife and other land and water resources. It is the intention of the general assembly that in all planning for the use and development of water and related land resources, consideration shall be given by all local, state and federal agencies involved to potential scenic river areas, and all river basin and project plan reports should discuss any such potential.
History (2)
- Acts 1968, ch. 540, §§ 1, 2
- T.C.A., § 11-1401.
§ 11-13-102. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Conservation easement” means a conservation easement as defined in § 66-9-303. No conservation easement obtained pursuant to this chapter shall grant a right of physical access to the public;
- (2) “Free flowing” means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence, however, of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the state scenic rivers system shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the state scenic rivers system;
- (3) “Public access area” means an area adjoining the river acquired by the state in fee simple;
- (4) “Public use easement” means a perpetual right in land of less than fee simple which:
- (A) Obligates the grantor and the grantor's heirs and assigns to certain restrictions constituted to maintain and enhance the scenic qualities of those lands bordering the river;
- (B) Is restricted to the area defined in the easement deed; and
- (C) Grants a right of public use but prohibits camping;
- (5) “River” means a flowing body of water or a section, portion or tributary thereof, including rivers, streams, creeks, branches, or small lakes; and
- (6) “Road” means highway, hard-surface road, improved and unimproved dirt road. The existence, however, of unimproved roads at the time any river is proposed for inclusion in the state scenic rivers system shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize, intend, or encourage future construction.
History (4)
- Acts 1968, ch. 540, § 3
- 1972, ch. 686, § 1
- T.C.A., § 11-1402
- Acts 1981, ch. 361, § 11.
§ 11-13-103. Classes of rivers includable in system. - The following types of rivers are eligible for inclusion in the state scenic rivers system in which they will be administered in general accord with the criteria hereinafter set forth:
- Classes of Scenic River Areas
-
- Class I Natural river areas
- Class II Pastoral river areas
- Class III Partially developed river areas
- Class IV Olympic river areas
- Those free-flowing rivers or sections of rivers with shorelines and scenic vistas unchanged, or essentially unchanged, by man, with no extensive paralleling roads closer than one (1) mile (except in river gorges where there must be no extensive paralleling roads within the gorge or within one-quarter (¼) mile back from the gorge rim), and with only a limited number of crossing roads or spur roads existing at the time of designation as a state scenic river. Additional access would be limited to trails. Waters would be kept unpolluted. Lands adjacent to these rivers that are not already in state or other public ownership should be protected by acquisition of fee title or by conservation easements to the full extent necessary to preserve a true natural environment. These river areas should be managed in accordance with the concepts embodied in the national Wilderness Act, 78 Stat. 890 (16 U.S.C. § 1131 et seq.), and would represent samples of natural America saved unspoiled for this and future generations to enjoy as precious pieces of our natural heritage.
- Those free-flowing rivers or sections of rivers the lands adjacent to which are partially or predominantly used for agriculture and other dispersed human activities which do not substantially interfere with public use and enjoyment of the rivers and their shores. Waters would be kept unpolluted. Lands adjacent to any such river would remain primarily in the type of use existing at the time of designation as a state scenic river or else be allowed to revert to natural conditions. Scenic values should be preserved by acquisition of conservation easements, zoning and similar means, and by acquisition of fee title of areas set aside for access, camping and recreation. Acquisition of fee title or other areas would not be precluded, particularly where the cost of alternative methods of land use control is comparable to the cost of acquiring the fee with lease-back or other similar arrangements.
- Those rivers or sections of rivers in areas affected by the works of man, but which still possess actual or potential scenic values. Included would be rivers with some housing or other building developments near their shorelines, rivers with parallel roads or railroads, rivers with some impoundments, and rivers polluted, for example, by strip-mine runoff. These rivers would be managed to prevent further loss of scenic values, to improve the scenic aspects of their surroundings, and to restore the quality of their waters. A polluted river section in an otherwise natural area could be improved to the point where it would be upgraded to Class I. Lands adjacent to any such river, and the use thereof, should be subject to public control by zoning, tax incentives, acquisition of easements or fee title and other means sufficient to realize the purposes for which such river is designated a state scenic river.
- Those rivers or sections of rivers in areas with river management zones affected by the works of man but which still possess actual or potential scenic values, the land adjacent to that which is managed by the state in cooperation with federal agencies, and which rivers are suited to recreational whitewater rafting. These rivers may be managed for tourism promotion and economic development activities that benefit the river management zone, including releases for the benefit of persons to participate in whitewater rafting, whitewater races, special events, and for private paddlers.
History (3)
- Acts 1968, ch. 540, § 4
- T.C.A., § 11-1403
- Acts 2024, ch. 1044, §§ 2, 3.
§ 11-13-104. Rivers initially included in system. - The rivers or segments of rivers to be initially included in this system, being classified by the above-stated criteria, are as follows:
- Class I Natural River Areas
- Blackburn Fork — That segment of the stream from the county road at Cummings Mill downstream one and one-half (1½) miles.
- Chickamauga Creek — The segment of North Chickamauga Creek in Hamilton County from a point approximately at the confluence of Hixson Branch continuing to a point eight and three-tenths miles (8.3 mi.) downstream to the North Chickamauga Creek Gorge visitor access on Montlake Road in Hamilton County, and that one and one-half miles (1.5 mi.) segment of its tributary Cain Creek from the department of environment and conservation property line to the confluence with North Chickamauga Creek.
- Conasauga River — The entire segment of the river in Polk County, upstream from the Highway 411 bridge.
- Duskin Creek — That continuous segment of Duskin Creek from its confluence with Newby Branch in Rhea County downstream to its confluence with Piney River in Rhea County.
- Hatchie River as a swamp river.
- Little Piney Creek — That continuous segment of Little Piney Creek entirely within Piney Falls State Natural Area in Rhea County downstream to its confluence with Soak Creek in Rhea County.
- Piney River — That continuous segment of Piney River, in Rhea County from its confluence with Moccasin Creek downstream to its confluence with RockHouse Branch.
- Roaring River — That segment from State Route 136 downstream two (2) miles.
- Spring Creek — That segment from Waterloo Mill downstream to the Overton-Jackson county line.
- Class II Pastoral River Areas
- Blackburn Fork — That segment downstream from a point one and one-half (1½) miles downstream from the county road at Cummings Mill to its confluence with Roaring River.
- Buffalo River — The entire river, except that portion which lies within Wayne, Perry, Humphreys and Lewis counties.
- Collins River — That segment which lies within the Savage Gulf natural-scientific area.
- Duck River — That segment of the Duck River beginning at Iron Bridge Road at river mile 136.4 extending continuously to a point upstream to the boundary of Marshall County at river mile 173.7.
- Duck River — That segment of the Duck River beginning at Industrial Park Road approximately at river mile 128 extending continuously to a point downstream to the boundary of Hickman County at approximately river mile 98 downstream from the Natchez Trace River Bridge.
- Harpeth River — The entire river except that segment lying north of Highway 100 and south of Interstate 40 in Davidson County; and except those segments located in Cheatham, Dickson and Williamson counties.
- Roaring River — That segment downstream from a point two (2) miles downstream from State Route 136, to its confluence with the Cordell Hull Lake.
- Spring Creek — That segment between State Highway 136 and Waterloo Mill, and that segment downstream from the Overton-Jackson county line to its confluence with Roaring River.
- Class III Developed River Areas
- French Broad River — That segment from the North Carolina state line to its confluence with Douglas Lake.
- Harpeth River — Only that segment of the Harpeth River lying north of Highway 100 and south of Interstate 40; it being the specific intent to exclude all segments of the Harpeth River lying in or flowing though Cheatham, Dickson and Williamson counties.
- Tuckahoe Creek
- Hiwassee River — That portion from the Highway 411 bridge to the North Carolina line.
- Clinch River — That portion from Melton Hill Dam upstream to Pellissippi Parkway.
- Soak Creek — That segment of Soak Creek beginning in Bledsoe County at its confluence with Georgia Branch continuing to a point downstream to its confluence with the Piney River in Rhea County.
- Class IV Olympic River Areas
- Ocoee River — That segment of the Ocoee River from Ocoee Dam No. 3 to its confluence with Big Creek.
History (14)
- Acts 1968, ch. 540, § 5
- 1969, ch. 31, § 1
- 1969, ch. 110, § 1
- 1970, ch. 437, § 2
- 1972, ch. 536, §§ 1, 2
- T.C.A., § 11-1404
- Acts 1984, ch. 830, § 1
- 1996, ch. 1064, § 1
- 2001, ch. 232, § 1
- 2016, ch. 713, § 1
- 2020, ch. 715, § 1
- 2023, ch. 195, § 1
- 2023, ch. 371, § 1
- 2024, ch. 1044, § 4.
§ 11-13-105. Proposals for additions to system. - The commissioner of environment and conservation shall study and from time to time submit to the governor and to the general assembly proposals for the addition to the state scenic rivers system of rivers and sections of rivers which, in the commissioner's judgment, fall within one (1) or more of the categories set out in § 11-13-103. Each proposal shall specify the category of the proposed addition and shall be accompanied by a detailed report on the factors which, in the judgment of the commissioner, make the area a worthy addition to the system. The intention of this requirement is to ensure that such studies will be made; it is not intended to preclude or discourage studies and proposals by other agencies or by citizen groups working independently or with the department.
History (2)
- Acts 1968, ch. 540, § 6
- T.C.A., § 11-1405.
§ 11-13-106. Administration of system — Criteria. - (a) The scenic river system shall be administered by the department of environment and conservation in cooperation with the wildlife resources agency and according to the policies and criteria set forth in this chapter.
- (b) The commissioner of environment and conservation is authorized to make and enforce such regulations as are necessary to carry out this chapter as they relate to the scenic values of river areas.
- (c) In such administration, primary emphasis shall be given to protecting aesthetic, scenic, historic, archaeologic, and scientific features of the area; no buildings for accommodation, administration, or similar purposes shall be constructed, within a scenic river area, within view of the river or its banks, nor shall any automobile parking lots, campgrounds, or similar facilities be located in areas not adequately screened from the river.
- (d) When publicizing the state's scenic rivers system, the commissioner shall not publicize, and shall omit from any publicity, any Class II or Class III river any part of which flows through a county with a population in excess of four hundred thousand (400,000) according to the United States census of 1970 or any subsequent census.
- (e) Management plans for protection may differ in intensity within a given class of rivers or within a given river area, based on special attributes of the different localities, but should adhere to the following criteria as closely as possible:
- (1) Class I scenic river areas should be managed in a manner which:
- (A) Would best maintain and enhance those conditions which are attributed to a wilderness type area, and those criteria embodied in § 11-13-103;
- (B) Would allow camping and river access only at designated public access areas acquired in fee; and
- (C) Would allow for public use only within prescribed public use easements or public access areas;
- (2) Class II scenic river areas should be managed in a manner which would best maintain and enhance the scenic values of the river and the adjacent lands while at the same time preserving the right of riparian landowners to use the river for customary agricultural and other rural purposes; and
- (3) Class III scenic river areas should be managed in a manner which would best maintain and enhance the scenic values of the river while at the same time preserving the right of riparian landowners to use the river for customary agricultural, residential, recreational, commercial, and industrial purposes.
History (4)
- Acts 1968, ch. 540, § 7
- 1972, ch. 686, § 2
- impl. am. Acts 1974, ch. 481, §§ 4, 6
- T.C.A., § 11-1406.
§ 11-13-107. Classification to higher status. - (a) Whenever in the judgment of the commissioner of environment and conservation a scenic river area previously administered as Class II or Class III has been sufficiently restored and enhanced in its natural scenic and recreational qualities, the commissioner may recommend to the general assembly that such an area be classified to a higher status (Class II raised to Class I, or Class III raised to a Class II or Class I) and thereafter administered accordingly.
- (b) No scenic river area shall be managed in a manner that would:
- (1) Result in the area falling into a lower class; or
- (2) Be detrimental to the highest water quality classification standards determined by federal and/or state agencies.
History (3)
- Acts 1968, ch. 540, § 8
- 1972, ch. 686, § 3
- T.C.A., § 11-1407.
§ 11-13-108. General rules for establishing boundaries of area — Establishment of Duck River area. - (a) The commissioner of environment and conservation may, within two (2) years after a river or segment of river has been made part of the state scenic rivers system, determine generally the boundaries of the scenic river area associated with that river or river segment. If a determination of the boundaries is made, the determination shall be in accordance with the following river classifications:
- (1) For a Class I river (the gorge and swamp rivers), the boundary shall be established in such a way that it includes at least the entire scenic vista from the river and its banks. For gorge rivers, the boundaries shall be no more than three thousand feet (3,000′) from the center of the river on each side. For swamp rivers, the boundaries shall be no more than one thousand feet (1,000′) from the center of the river on each side; and
- (2) For Class II or Class III river areas, the boundary shall include the vista from the river and shall be no more than four hundred fifty feet (450′) from the usual banks of the river on each side.
- (b)
- (1) If the commissioner of environment and conservation determines that the establishment of boundaries on that segment of Duck River established as a scenic river under § 11-13-104 is to be established then the commissioner shall initiate an outreach program to educate property owners and local communities in the area of this river segment about the program and the environmental and economic benefit the establishment of such boundaries provides. The commissioner shall then, using sound discretion and considering all relevant circumstances, establish a perpetual boundary of the scenic river area associated with the river or river segment.
- (2)
- (A) If the proposed boundary of the scenic river area includes private property, then the state shall obtain the notarized consent of the private landowner before establishing the boundary.
- (B) The department shall only establish boundaries on this river based upon the consent of the owner of any affected private lands.
History (7)
- Acts 1968, ch. 540, § 9
- 1970, ch. 437, § 1
- 1976, ch. 462, § 1
- T.C.A., § 11-1408
- Acts 2001, ch. 232, § 2
- 2012, ch. 604, § 14
- 2018, ch. 559, § 1.
§ 11-13-109. Acquisition of land. - Within the exterior boundaries of a scenic river area, as established under § 11-13-108, the commissioner of environment and conservation may acquire on behalf of the state of Tennessee lands in fee title, or an interest in land in the form of easements as defined in § 11-13-102. Acquisition of land or of interest therein may be by donation, purchase with donated or appropriated funds, exchange, or otherwise.
History (4)
- Acts 1968, ch. 540, § 10
- 1972, ch. 686, § 4
- T.C.A., § 11-1409
- Acts 1984, ch. 575, § 1.
§ 11-13-110. Daily commercial rafting carrying capacity. - (a) Notwithstanding any law, rule or regulation to the contrary, the daily commercial carrying capacity for that section of the Ocoee River between Rogers Branch and Caney Creek in the lower Ocoee River Recreational Area shall be four thousand two hundred and fifty (4,250) commercial customers for the dates on which the commercial usage on such dates during the last season exceeded four thousand two hundred and fifty (4,250) customers. Each date on which the carrying capacity was capped for the last season shall also be capped on the same date for the next season unless the commercial usage on the capped date during the previous season fell below four thousand fifty (4,050) customers.
- (b) Notwithstanding subsection (a), Hiwassee/Ocoee Scenic River State Park management shall have the authority to increase or decrease the daily commercial carrying capacity at the lower Ocoee River Recreational Area to the extent staffing and infrastructure will allow; provided, that any such decrease will not go below four thousand (4,000) commercial customers.
- (c) The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this section. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
§ 11-13-111. Land uses permitted. - (a) Land uses to be allowed within the exterior boundaries of a scenic river area shall depend upon the classification of such an area, as follows:
- (1) In Class I scenic river areas, no new roads or buildings shall be constructed, and there shall be no mining. The cutting of timber shall be allowed pursuant to reasonable regulations issued by the commissioner of environment and conservation, which regulations shall be consistent with commonly accepted tree farming practices;
- (2) In Class II and Class III scenic river areas, the continuation of present agricultural practices, such as grazing and the propagation of crops, shall be permitted. The construction of farm-use buildings shall be permitted; provided, that it is found to be compatible with the maintenance of scenic vistas from the stream and its banks. There shall be no mining, commercial timber harvest, or construction of roads paralleling the river within the limits of any conservation easement, public use easement or public access area. Public access through new road construction, as well as landings and other structures related to recreational use of these scenic river areas shall be allowed; provided, that there is no other such access within seven (7) river miles in either direction; and
- (3)
- (A) In Class II scenic river areas, the construction and operation of sewer treatment facilities, water treatment facilities, and water harvesting projects by municipalities and public utilities within the watershed, either individually or collectively, and regional water resource projects identified by the Tennessee Duck River development agency, created by § 64-1-601, and the Tennessee Valley authority in their regional water supply plans and studies, are permitted; provided, that any such use must be in accordance with rules promulgated by the commissioner of environment and conservation.
- (B) The commissioner is authorized to promulgate rules to effectuate the purposes of this subdivision (a)(3). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
- (b)
- (1) No landfill for the disposal of solid or hazardous wastes shall be permitted within two (2) miles from the center of a Class II river on each side nor within two (2) miles of the center of such river on each side in any county which is adjacent to such Class II river, notwithstanding the fact that the river is not designated as a scenic river in such adjacent county, if the river in such adjacent county flows into the county in which such river is designated as a Class II river.
- (2) It is the intention of the general assembly by this subsection (b) to protect Class II rivers from possible pollution due to the proximity of landfills for the disposal of solid or hazardous wastes.
History (6)
- Acts 1968, ch. 540, § 12
- 1972, ch. 686, § 6
- T.C.A., § 11-1411
- Acts 1981, ch. 361, § 12
- 1990, ch. 1077, § 1
- 2023, ch. 195, § 2.
§ 11-13-112. Conflict with other laws. - Any component of the state scenic river system that is or shall become a part of any state park, wildlife refuge, or similar area shall be subject to this chapter and the laws under which the other areas may be administered, and in the case of conflict between these laws the more restrictive provisions shall apply.
History (2)
- Acts 1968, ch. 540, § 13
- T.C.A., § 11-1412.
§ 11-13-113. Cooperation of other state agencies with commissioner of environment and conservation. - (a) All state agencies shall, promptly upon enactment of this chapter, inform the commissioner of environment and conservation of any proceedings, studies, or other activities within their jurisdiction, and regardless of by whom requested, which are now in progress and which affect or may affect any of the rivers specified in § 11-13-104. They shall likewise inform the commissioner of any such proceedings, studies, or other activities which are hereafter commenced or resumed before they are commenced or resumed.
- (b) Nothing in this chapter shall affect the jurisdiction or responsibilities of other state agencies under other law with respect to fish and wildlife.
History (2)
- Acts 1968, ch. 540, § 14
- T.C.A., § 11-1413.
§ 11-13-114. Inclusion within national scenic rivers system. - Nothing in this chapter shall preclude a component of the state scenic rivers system from becoming a part of any national scenic rivers system. The commissioner of environment and conservation is directed to encourage and assist any federal studies for inclusion of Tennessee rivers in a national scenic rivers system. The commissioner may enter into written cooperative agreements for joint federal-state administration of a Tennessee component of any national scenic rivers system; provided, that such agreements for the administration of water and land uses are not less restrictive than those set forth in this chapter.
History (2)
- Acts 1968, ch. 540, § 15
- T.C.A., § 11-1414.
§ 11-13-115. Assistance from other agencies. - The commissioner of environment and conservation may seek financial assistance for the state scenic rivers system from the land and water conservation fund and other federal and local government sources. In the administration and study of the system, and in studies of potential additions to the system, the commissioner may seek technical assistance from the bureau of outdoor recreation and other federal and local government agencies.
History (2)
- Acts 1968, ch. 540, § 16
- T.C.A., § 11-1415.
§ 11-13-116. Water pollution control. - The commissioner of environment and conservation shall cooperate with the appropriate federal and state water pollution control agencies and environmental management agencies, including forestry, for the purpose of eliminating or diminishing the pollution of waters within scenic rivers areas; provided, that such cooperation furthers the objectives of preserving natural stream flow and natural ecological conditions.
History (2)
- Acts 1968, ch. 540, § 17
- T.C.A., § 11-1416.
§ 11-13-117. Violations — Penalty. - Whoever violates, fails, neglects or refuses to obey any provision of this chapter or regulation or order of the commissioner of environment and conservation may be compelled to comply with or obey the same by injunction, mandamus or other appropriate remedy; provided, that whoever violates, fails, neglects or refuses to obey any provision of this chapter or regulation or order of the commissioner may be punished by a fine of not more than fifty dollars ($50.00) for each day of such violation.
History (2)
- Acts 1968, ch. 540, § 18
- T.C.A., § 11-1417.
§ 11-13-118. Registry of riparian lands. - The department shall maintain a registry of riparian lands along those segments of designated scenic rivers specified in § 11-13-104, that are not in state ownership and whose owners have voluntarily agreed to maintain them in a natural state. Such registration shall not be binding nor shall it involve any transfer of property rights. However, owners of riparian lands so registered may at any time voluntarily consent to have such areas included within scenic river boundaries as provided in § 11-13-108. The commissioner may adopt guidelines or regulations for the administration of this voluntary registration program including, but not limited to, the uses that may be made of lands in the registry. Owners of lands in the registry shall be permitted to make public the fact that the area is so listed. If the commissioner finds at any time that the owner has failed to maintain any such lands in a natural state, they shall be removed from the registry.
Chapter 14 Natural Areas Preservation Part 1 General Provisions § 11-14-101. Short title. - This part shall be known and may be cited as the “Natural Areas Preservation Act of 1971.”
History (2)
- Acts 1971, ch. 116, § 1
- T.C.A., § 11-1701.
§ 11-14-102. Purpose. - The general assembly finds that in the countryside of Tennessee there are areas possessing scenic, scientific, including biological, geological and/or recreational values, and which are in prospect and peril of being destroyed or substantially diminished by actions such as dumping of refuse, commercialization, construction, changing of population densities or similar actions, there being either no regulations by the state or by local governments or regulations which are inadequate or so poorly enforced as not to yield adequate protection to such areas. It is the intention of the general assembly to provide protection for such areas.
History (2)
- Acts 1971, ch. 116, § 2
- T.C.A., § 11-1702.
§ 11-14-103. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Area” means an area of land or water, or both, whether in public or private ownership, which has scenic, natural, or scientific values;
- (2) “Commissioner” means the commissioner of environment and conservation;
- (3) “Department” means the department of environment and conservation;
- (4) “Local government” means the government of a county or municipality; and
- (5) “System” means collectively the areas, whether scenic, natural or scientific, which will be placed in this part and which shall receive the preservation and protection that is provided by this part.
History (2)
- Acts 1971, ch. 116, § 3
- T.C.A., § 11-1703.
§ 11-14-104. Administration — Report on implementation. - (a) This part shall be administered by the department, in cooperation with the wildlife resources agency, acting as an advisory body.
- (b) The commissioner is authorized to make and shall enforce certain regulations necessary for the preservation and enhancement of the values herein protected, and for control of recreational, educational, scientific and other uses of these areas in a manner that shall not impair them.
History (4)
- Acts 1971, ch. 116, § 4
- impl. am. Acts 1974, ch. 481, §§ 4, 6
- T.C.A., § 11-1704
- Acts 2013, ch. 93, § 2.
§ 11-14-105. Classifications. - There shall be two (2) classes of areas within the meaning of this part:
- (1) Class I, scenic-recreational areas, which are areas associated with and containing waterfalls, natural bridges, natural lakes, small but scenic brooks or streams, gorges, coves, woodlands, caverns or other similar features or phenomena, which are unique in scenic and recreational value and not extensive enough for a state park but worthy of perpetual preservation; and
- (2) Class II, natural-scientific areas, which are areas associated with and containing floral assemblages, forest types, fossil assemblages, geological phenomena, hydrological phenomena, swamplands and other similar features or phenomena which are unique in natural or scientific value and are worthy of perpetual preservation.
History (2)
- Acts 1971, ch. 116, § 5
- T.C.A., § 11-1705.
§ 11-14-106. Development permitted. - (a) The following development shall be permitted in the two (2) classes of areas:
- (1)
- (A) Class I areas may be developed with foot trails, foot bridges, overlooks, primitive campgrounds and small picnic areas with associated sanitary facilities;
- (B) Class II areas may be developed with foot trails, foot bridges, overlooks and primitive campgrounds; and
- (2) Either class may be developed with such facilities as may be reasonably necessary for the dissemination of educational material and for the safe and proper management and protection of the area; provided, that no such facility shall be constructed or sited in such a manner as to be inconsistent with the preservation of the natural or scientific values in a Class II area or as an intrusion upon the scenic and recreational values in a Class I area.
- (b) The commissioner shall adopt rules and regulations for each natural area, specifying the activity or activities permitted. Such permissible activities shall not be inconsistent with the purpose of perpetual preservation. If, in the discretion of the commissioner, any portion of an area is deemed to be of so fragile a nature that overuse may damage it, limitations may be placed on activities within those portions. Removal of plants, animals or geological specimens shall not be permitted except by permit issued by the commissioner. If hunting or fishing are among the activities permitted by the commissioner, the commissioner shall adopt, with the advice of the wildlife resources agency, rules and regulations to regulate such activity on the natural area in question. Such rules and regulations may be more restrictive than the rules and regulations adopted for statewide hunting and fishing by the wildlife resources agency.
History (3)
- Acts 1971, ch. 116, § 6
- 1978, ch. 634, § 1
- T.C.A., § 11-1706.
§ 11-14-107. Reports by department. - The department shall submit annually to each succeeding general assembly proposals for additions and alterations to Class I or Class II areas, or for improvements to this program. Each proposal shall specify the category of the proposed addition and shall be accompanied by a report on the factors which, in the judgment of the department, make the area a worthy addition to the system. The department shall consult with citizens' organizations in the administration of this part as much as possible. The department shall give notice to the public and an opportunity for public comment on any proposal to designate a new natural area or to modify the acreage of any designated natural area.
History (4)
- Acts 1971, ch. 116, § 7
- impl. am. Acts 1974, ch. 481, §§ 4, 6
- T.C.A., § 11-1707
- Acts 2004, ch. 947, § 2.
§ 11-14-108. Designation of areas. - (a) The general assembly may designate Class I or Class II areas proposed by the commissioner to become parts of the system. However, designation by the general assembly need not necessarily be restricted to areas proposed by the department.
- (b) The following areas are designated natural areas:
- (1) Class I—Scenic-Recreational Areas
- (A) Bays Mountain. An approximately three thousand five hundred (3,500) acre natural area located in Sullivan and Hawkins counties, plus any of approximately seven hundred (700) acres in private ownership which may be acquired for addition to the natural area. The area includes a lake, interpretive trails, outdoor education and recreation facilities, and areas of great scenic beauty, including Laurel Run Gorge where several of Tennessee's rare plant species occur. The area is managed by the governments and agencies of Kingsport and Hawkins County with cooperation and support from the Tennessee natural areas program;
- (B) Big Cypress Tree. A bottomland hardwood, partly forested area containing the largest recorded bald cypress (Taxodium distichum) tree on the North American continent with approximately two hundred seventy (270) acres in Weakley County. The Big Cypress Tree State Natural Area composed of approximately three hundred twenty-nine (329) acres with deeds of record in the register of deeds office of Weakley County in deed book 194 page 411, book 154 page 246, and book 154 page 244, is transferred from the jurisdiction of the Tennessee wildlife resources agency to the jurisdiction of the department of environment and conservation; provided, that hunting shall continue to be permitted following the transfer in the entire portion of the area that the agency has allowed hunting in the year preceding June 8, 2007, in the same manner as hunting is permitted in a wildlife management area within the agency designated region such area is located; and provided, that the agency shall have full access to, and use of, any facility in the area. Access and use shall include control of any structure constructed by the agency;
- (C) Burgess Falls. A cascade-type one-hundred-twenty-foot (120′) falls with included lake and scenic stream, consisting of approximately two hundred seventeen (217) acres of land and water in Putnam and White counties;
- (D) Chimneys. An area of approximately thirty-three (33) acres along Pocket Creek in Marion County that protects an unusual geologic feature and surrounding forested gorge. This area, located within the Cumberland Plateau Physiographic Province, includes two (2) isolated sandstone pinnacles rising out of Pocket Gorge. The pinnacles are connected by a natural bridge or arch that forms a natural window in their base. In addition to the pinnacles, this area also includes several waterfalls and an “old growth” hemlock forest;
- (E) Devil's Backbone. A forest of approximately nine hundred fifty (950) acres with a high diversity of upland community types representative of the western Highland Rim. It is located in Lewis County west of the Natchez Trace Parkway. Its prominent topographic features are numerous dry rocky ridges with moderate to steep slopes which form hollows with several perennial streams. The department will develop a plan for the development and management of the additional acreage east of the Natchez Trace in consultation with Lewis County;
- (F) Dunbar Cave. A well-explored, scenic and historic cave along with a small lake and upland hardwood forest, consisting of approximately one hundred fifteen (115) acres of land and water in Montgomery County;
- (G) Falling Water Falls. A one-hundred-thirty-foot (130′) falls with view of the Sequatchie Valley, consisting of approximately one hundred thirty-six (136) acres in Hamilton County;
- (H) Frozen Head State Park. An area of approximately eight thousand six hundred twenty (8,620) acres lying within the twenty-two thousand eight hundred (22,800) acre Frozen Head State Park. The area contains undisturbed forest land of unique configuration and is located in the southeast portion of Morgan County. The state park is comprised of the class I area, the class II area, three hundred thirty (330) acres located along North Prong Flat Fork Creek and Judge Branch below one thousand six hundred feet (1,600′) elevation and one (1) acre on the summit of Frozen Head Mountain, and seven thousand three hundred twenty (7,320) acres known as the Emory tract;
- (I) Ghost River (Section of the Wolf River). An area of approximately two thousand three hundred six (2,306) acres located in Fayette County that supports high quality bottomland hardwood forest and forested wetland communities occurring along scenic meanders of the Wolf River. The Bald Cypress-Tupelo Forest Community is a dominant natural feature established along river, swamp, and lake habitats and is representative of unaltered pristine river systems;
- (J) Grundy Forest. An area consisting of two hundred thirty-four (234) acres containing unique gorges with outstanding scenic views in Grundy County;
- (K) Hampton Creek Cove. A six hundred ninety-three (693) acre site in the headwaters of Hampton Creek in Carter County, that supports several rare plants and animals for Tennessee and represents a key tract in the protection of the Roan Mountain Massif;
- (L) House Mountain. An area of approximately five hundred twenty-seven (527) acres on the upper slopes and crest of the four thousand (4,000) acre mountain which is a unique synclinal outlier of Clinch Mountain, possessing a combination of scenic views, geological formations and bird and plant life, lying within a major metropolitan area and incorporating the southern terminus of the Trail of the Lonesome Pine, in Knox County. No land for the House Mountain scenic-recreational area shall be acquired by any governmental entity by use of its power of eminent domain;
- (M) John Noel State Natural Area at Bon Aqua. An area of approximately thirty-five (35) acres in Hickman County protecting a small remnant mesic white oak forest community of “old growth” characteristics, including a variety of oak and hickory species of considerably larger diameter than those found in similar forest types elsewhere in Middle Tennessee. The forest is also significant because umbrella magnolia, a relatively uncommon species on the Western Highland Rim, is abundant in the understory;
- (N) Natural Bridge. A twenty-five-foot (25′) natural rock bridge, consisting of approximately three (3) acres in Franklin County;
- (O) Ozone Falls. A one-hundred-ten-foot (110′) falls and scenic gorge area, consisting of approximately sixteen and five-tenths (16.5) acres in Cumberland County;
- (P) Reelfoot Lake. A natural, earthquake-formed lake, consisting of approximately eighteen thousand (18,000) acres of land and water owned by the state of Tennessee and the United States in Lake and Obion counties;
- (Q) Rugby. An area of approximately seven hundred sixty-two (762) acres in Morgan County located adjacent to Historic Rugby. This forested tract protects the watershed of Little Creek and has a rich spring flora;
- (R) Shelby Farms Forest—Lucius E. Burch, Jr. Natural Area. An area of approximately seven hundred eighty-eight and thirty-three one-hundredths (788.33) acres located within Shelby Farms Forest Park in Shelby County. This coastal plain site includes areas of bottomland hardwood/bald cypress-tupelo forest and forested wetland communities along the northeasterly and northerly sides of the Wolf River and provides habitat for plant and animal species in need of conservation. The seven hundred eighty-eight and thirty-three one-hundreds (788.33) acre natural area includes two (2) separate forest areas: an approximately four hundred thirteen and seventy-five one-hundredths (413.75) acre bottomland hardwood/bald cypress-tupelo swamp forest north of Walnut Grove Road, and an approximately three hundred seventy-four and fifty-eight one-hundredths (374.58) acre mature bottomland hardwood/bald cypress forest south of Walnut Grove Road. Such description is more particularly described in a survey prepared by Dickinson & Bennett, Inc., for Shelby County Government on November 5, 2003;
- (S) [Deleted by 2020 amendment.]
- (T) Short Springs. An area of approximately four hundred twenty (420) acres located within Coffee County. The area includes rich woods, forested ravines, low cascades, springs and waterfalls, one (1) of which is sixty feet (60′) in height; in addition it contains a large diversity of wildflowers including two (2) state-listed endangered plant species (Nestronia and Broad-leaved Bunchflower). It is an excellent example of the forested slopes which are transitional between the Highland Rim and the Central Basin; and
- (U) Stillhouse Hollow Falls. An area of approximately ninety (90) acres in Maury County containing a seventy-five-foot-high waterfall that cascades into a deep plunge pool at the base of a rock amphitheater. The surrounding hardwood forest includes an understory of oakleaf hydrangea and a rich display of spring flora, including the rare grass of Parnassus;
- (2) Class II—Natural-Scientific Areas
- (A) Auntney Hollow. An area of approximately twenty-seven (27) acres located in Lewis County that supports the federally listed plant, Tennessee yellow-eyed grass (Xyris tennesseensis). This Western Highland Rim site protects a significant population of this rare plant, which occurs here in a globally rare xyris seep community. The rare grass of Parnassas (Parnassia grandifolia) is a codominant plant species of the xyris seep community;
- (B) Barnett's Woods. A forty (40) acre site located in Montgomery County which supports the federally threatened Price's potato bean;
- (C) Beaman Park. An area of approximately one thousand six hundred seventy-eight (1,678) acres located in Davidson County that protects a diversity of high quality forest communities, barrens, and rare plant species, including Eggert's sunflower, Michigan lily, lady's slipper orchids, shortleaf pine, and butternut trees. Its natural features include ridges, narrow moist hollows with steep slopes, springs, streams and waterfalls representative of Western Highland Rim topography;
- (D) Bone Cave. A cave of extremely significant archaeological, historical, and scenic value consisting of approximately three hundred thirty-four (334) acres in Warren County;
- (E) Campbell Bend Barrens. An area of approximately thirty-five (35) acres in Roane County containing an undisturbed example of a Ridge and Valley limestone barrens plant community with exposed limestone. It is comprised of native grasses, other barrens flora, and is surrounded by a mixed hardwood forest;
- (F) Carroll Cabin Barrens. An area of approximately two hundred fifty (250) acres located in Decatur County. This West Tennessee Uplands site supports a rare glade/barrens community that occurs in association with outcrops of Silurian limestone formations. The Limestone Hill Barrens Community grassland is dominated by little bluestem (Schizachyrium scoparium) with rare plant species that include barrens silky aster (Aster pratensis), hairy fimbristylis (Fimbristylis puberula), and slender blazing star (Liatris cylindracea);
- (G) Cedars of Lebanon Natural Area. An area consisting of two thousand six hundred ninety (2,690) acres comprising the best examples of the Cedar Glade ecosystem in Tennessee and possibly the entire United States. It is located in Wilson County;
- (H) Colditz Cove. An area of approximately one hundred sixty-five (165) acres in Fentress County containing the seventy-five foot (75′) Northrup Falls and a scenic gorge with many interesting rock formations;
- (I) Couchville Cedar Glade. A one hundred forty (140) acre site in Davidson County adjacent to Long Hunter State Park which supports the largest population of the globally-rare, federally endangered Tennessee coneflower. This site is considered to be one of the best barren and glade sites in Tennessee;
- (J) Crowder Cemetery Barrens. An area of approximately fifteen (15) acres in Roane County containing a floristically rich example of a Ridge and Valley limestone barrens with several rare plant species, including the tall larkspur, slender blazing star, and white upland aster, as well as an outstanding display of prairie dock;
- (K) Dry Branch. An area of approximately two thousand one hundred sixty-eight (2,168) acres located in Lewis County that protects one of the largest known populations of the rare plant, Tennessee yellow-eyed grass, as well as the rare seep communities where it grows. This western Highland Rim site also protects a number of other rare plant species, including small-headed rush and large-leaved grass of Parnassus;
- (L) Duck River Complex. A complex of five (5) separate subunit natural areas totaling approximately two thousand six hundred twelve (2,612) acres within the twelve thousand (12,000) acre Duck River Wildlife Management Area in Maury County. Located in the Central Basin, these areas support rare species associated with globally rare cedar glades and barrens communities, including the federally listed leafy prairie-clover (Dalea foliosa). The areas support diverse forest community types, caves and other karst features, and scenic attributes associated with a segment of the Duck Scenic River that flows through this public land;
- (M) Elsie Quarterman Cedar Glade. An area of approximately one hundred eighty-five (185) acres in Rutherford County that includes a large expanse of cedar glades and barrens supporting a population of the federally endangered Tennessee coneflower (Echinacea tennessensis), and numerous other cedar glade endemic plants and natural communities;
- (N) Fall Creek Falls State Park. An isolated and rugged portion of the Cumberland Plateau in Van Buren and Bledsoe counties containing sixteen thousand one hundred eighty-one (16,181) acres of the twenty-five thousand four hundred seventeen (25,417) acre state park;
- (O) Fate Sanders Barrens. An area of approximately two hundred thirty (230) acres located in Rutherford County that includes barrens with small glades interspersed among cedar-hardwood forest. The barrens of this Central Basin site are dominated by native warm season grasses, while the glades support state-listed rare and endemic plant species;
- (P) Flat Rock Cedar Glades and Barrens. An area approximately eight hundred forty-six (846) acres in Rutherford County that includes a large expanse of cedar glades and barrens supporting populations of the federally and state endangered Pyne's Ground-Plum (Astragalus bibullatus) and Leafy Prairie-Clover (Dalea foliosa), as well as numerous other rare and endemic species of plants. This biologically rich site is within the Central Basin Physiographic Province and represents one of the largest and most ecologically diverse glade/barren complexes in the Central Basin;
- (Q) Frozen Head State Natural Area. An area of approximately six thousand five hundred thirty (6,530) acres within the twenty-two thousand eight hundred (22,800) acre Frozen Head State Park located in Morgan County and within the Cumberland Plateau Physiographic Province. The entire area possesses deep hollows and valleys that represent numerous forest types with mixed mesophytic forest being the most prevalent. It contains significant mature forests and rare plants and is one of the least disturbed areas within the Cumberland Mountains;
- (R) Gattinger's Cedar Glade and Barrens. An area of approximately fifty-seven (57) acres located in Rutherford and Wilson counties. This Central Basin site supports one of the largest known populations of the rare Tennessee coneflower, as well as numerous other rare and endemic cedar glade plants. It is a pristine limestone cedar glade-barrens complex;
- (S) Hawkins Cove. A two hundred forty-nine (249) acre site in Franklin County which supports a population of the Cumberland rosinweed, a rare plant for Tennessee;
- (T) Hicks Gap. An area of approximately three hundred fifty (350) acres located within Prentice Cooper State Forest in Marion County. The area includes a forested slope in the scenic Tennessee River Gorge containing a large population of a federally endangered plant species known as Scutellaria montana (large-flowered skullcap);
- (U) Hill Forest. An area of approximately two hundred twenty-five (225) acres in Davidson County protecting a western mesophytic forest community with “old growth” characteristics located in Metropolitan Nashville. The forest has a high diversity of exceptionally large diameter tree species including oaks, hickories, and tulip poplars and is an exemplary remnant forest within an urban setting;
- (V) Honey Creek. A wooded area near the Big South Fork River Gorge that includes rock houses, scenic streams, and a waterfall. The area is located in Scott County, and consists of one hundred nine (109) acres;
- (W) Hubbard's Cave. A fifty (50) acre site located in Warren County. More than two hundred fifty thousand (250,000) federally endangered gray and Indiana bats, more than all other known Tennessee caves combined, hibernate in the cave;
- (X) John and Hester Lane Cedar Glades. An area of approximately forty-five (45) acres located in Wilson County and within the Central Basin Physiographic Province. This site consists of a complex of pristine limestone cedar glades and mixed cedar-hardwood forests, and protects one of the largest known populations of the rare and endemic federal and state listed Tennessee coneflower, as well as a population of the state and federal listed leafy prairie-clover. This ecologically significant site also protects numerous other species of rare cedar glade flora;
- (Y) Langford Branch. An area of approximately twenty-three (23) acres in Lewis County that supports the federally listed Tennessee yellow-eyed grass (Xyris tennesseensis). Tennessee yellow-eyed grass occurs in an ecologically significant small calcareous seep community with other rare plants that include grass of parnassus (Parnassia grandifolia) and short-headed rush (Juncus brachycephalus). The seep is nested within an oak-hickory forest with grassland barrens species occurring on steep slopes;
- (Z) Laurel Snow. A wooded area with three (3) flowing streams, two (2) scenic waterfalls, gorges, and a small stand of virgin timber consisting of two thousand two hundred fifty-nine (2,259) acres in Rhea County;
- (AA) Lost Creek. An area of approximately two hundred eleven (211) acres located in White County with habitat for the federally endangered Indiana bat and seven (7) globally imperiled cave dwelling invertebrates, six (6) of which are endemic to Tennessee;
- (BB) Manus Road Cedar Glade. An area of approximately twenty-two (22) acres located in Rutherford County. This Central Basin site supports a high quality limestone cedar glade with rare and endemic cedar glade plants including the federally endangered Pyne's ground plum (Astragalus bibullatus) and the state listed evolvulus (Evolvulus nuttallianus) and Tennessee milk-vetch (Astragalus tennesseensis);
- (CC) May Prairie. A remnant of the prairie that once covered many acres in Middle Tennessee, consisting of approximately four hundred ninety-two (492) acres in Coffee County;
- (DD) Meeman-Shelby Forest. An area of approximately eleven thousand (11,000) acres located within Meeman-Shelby State Park in Shelby County. This area supports large unfragmented cypress dominated sloughs and bottomland hardwood forests that represent exemplary forest communities of the Mississippi Alluvial Plain in West Tennessee. It also supports significant unfragmented upland hardwood forests occurring along the Chickasaw Bluff;
- (EE) Montgomery Bell. This area is comprised of a southern tract of approximately seven hundred eighty-four (784) acres and a northern tract, referred to as Wildcat Ridge, of approximately three hundred two (302) acres of oak-hickory forests in Dickson County. These tracts are among the best known examples of representative oak-hickory forest ecosystems on the Western Highland Rim in Tennessee;
- (FF) [Deleted by 2020 amendment.]
- (GG) Morrison Meadow. An area of approximately eighteen (18) acres in Warren County on the Eastern Highland Rim containing an excellent example of a once extensive wetland prairie/barrens complex and associated wet flatwoods. Dominated by native warm-season grasses, the native barrens at this site contain a high level of floristic diversity, including at least ten (10) state listed plant species and is regarded as one of the most significant botanical sites in the state;
- (HH) Mount View Glade. A nine (9) acre site located in Davidson County which supports an important colony of the globally-rare, federally-endangered Tennessee coneflower;
- (II) Mr. and Mrs. Harry Lee Carter Natural Area. An area of approximately nine hundred thirty-one (931) acres, located in Franklin County, also known as, and containing, Lost Cove Cave (Buggytop Caves);
- (JJ) North Chickamauga Creek Gorge. An area of approximately seven thousand ninety-three (7,093) acres located in Hamilton County that includes the rugged and steep gorge of North Chickamauga Creek. This area provides habitat for the state and federally endangered large-flowered skullcap (Scutellaria montana) and the state endangered and federally threatened Virginia spirea (Spirea virginiana), as well as numerous other rare species of plants. This Cumberland Plateau site includes a diversity of forest types from rich mixed mesophytic forest in the gorge to xeric oak-hickory-pine forest on the uplands;
- (KK) Old Forest. A forested area of approximately one hundred twenty-six (126) acres located in the eastern half of Overton Park in Shelby County. Overton Park was purchased in 1901 as the first city park in Memphis and is listed on the national register of historic places. The park's forest is comprised of upland old growth that has never been cleared or farmed despite its location in the center of a major urban area. The forest contains more than three hundred thirty (330) flowering plant species from eighty-five (85) plant families, including eleven (11) species of oak trees, eight (8) species of grapevines and a wide variety of native wildflowers. The forest is roughly bounded by the Memphis Zoo's perimeter and North Parkway on the north, East Parkway on the east, Poplar Avenue on the south, and Lick Creek on the west;
- (LL) Overbridge. An area of seventy (70) acres in Rutherford County which supports a pristine cedar glade community including a population of the federally endangered Pyne's Ground Plum and six (6) state listed plants;
- (MM) Piney Falls. Two (2) small waterfalls along with a scenic gorge that includes pockets of virgin timber, consisting of approximately eight hundred eighteen (818) acres in Rhea County;
- (NN) Pogue Creek. An area of approximately three thousand (3,000) acres in Fentress County located adjacent to Pickett State Forest and containing scenic gorges with numerous cliffs, sandstone arches, waterfalls, and rock houses, as well as rich forest communities. It also protects populations of rare species including Cumberland sandwort and Lucy Braun's snakeroot;
- (OO) Powell River Preserve. A twenty-nine (29) acre site located in Claiborne County which supports the state's largest population of large-leaved grass of Parnassus and showy ladyslipper;
- (PP) Radnor Lake. A one thousand three hundred sixty-seven (1,367) acre area in Davidson County, containing a seventy (70) acre lake, marshes, streams, and wooded hills;
- (QQ) Riverwoods Natural Area. An area of approximately twenty-one (21) acres, located in Shelby County;
- (RR) Roundtop Mountain. An area bordering for one (1) mile on the Great Smoky Mountains National Park and containing an ecosystem very similar to the relatively untouched Appalachian Uplands of the national park. The area is located in Sevier County;
- (SS) Savage Gulf. A mixed-mesophytic, semi-virgin forest, consisting of approximately fifteen thousand five hundred ninety (15,590) acres in Grundy County;
- (TT) Sequatchie Cave. An area of approximately one hundred thirty-three (133) acres located where Owen Spring Branch flows from the mouth of the cave at Sequatchie Cave Park in Marion County. The cave and its cool spring water support the federally listed royal snail (Pyrgulopsis ogmorphaphe) and numerous other rare faunal species. This is also the type locality of a rare cadisfly (Glyphopsyche sequatchie);
- (UU) Sherwood Forest. An area of approximately three thousand seventy-five (3,075) acres located in Franklin County that protects the federally endangered Morefield's leather-flower (Clematis morefieldii) and the federally threatened painted snake coiled forest snail (Anguispira picta). In addition, this natural area protects five (5) state-listed species, including three (3) plant and two (2) animal species;
- (VV) [Deleted by 2020 amendment.]
- (WW) Stinging Fork Falls. A gorge lying in and along Stinging Fork Creek that includes waterfalls and scenic overlooks. The area consists of seven hundred seventy-six (776) acres and is located in Rhea County;
- (XX) Stones River Cedar Glade and Barrens. An area of approximately one hundred and eighty-five (185) acres located within Stones River National Battlefield in Rutherford County. This Central Basin site includes rare limestone cedar glades and barrens communities, and is a recovery site for the rare Tennessee coneflower and Pyne's ground-plum. This site also supports numerous other rare and endemic cedar glade plants;
- (YY) Sunk Lake. An area containing a series of open lakes and swamp forest, and consisting of approximately one thousand eight hundred seventy-three (1,873) acres in Lauderdale County;
- (ZZ) Sunnybell Cedar Glade. A thirty-six (36) acre site in Rutherford County which supports a large population of rare yellow sunnybells and six (6) other rare plants;
- (AAA) Taylor Hollow. A one hundred sixty-two (162) acre remnant old growth forest in Sumner County which supports the rare blue-eyed Mary and dwarf trillium;
- (BBB) Twin Arches. An area of approximately one thousand five hundred (1,500) acres containing two (2) fifty foot (50′) high natural bridge arches located in Pickett County;
- (CCC) Vesta Cedar Glade. A one hundred fifty (150) acre cedar glade in Wilson County, which supports one of only five (5) known populations of the endangered Tennessee coneflower plus other rare cedar glade plants;
- (DDD) Vine Cedar Glade. An area of approximately thirty five (35) acres in Wilson County that includes rare cedar glades and barrens communities and supports a population of the federally endangered Tennessee coneflower (Echinacea tennesseensis) as well as numerous other species of rare cedar glade plants. This area is located in the Central Basin physiographic province of middle Tennessee;
- (EEE) Virgin Falls. A wooded area consisting of one thousand one hundred thirty-three (1,133) acres and containing the unusual Virgin Falls, sinkholes, caves, and portions of the Caney Fork River located in White County;
- (FFF) Walker Branch Dragonfly and Damselfly Preserve. This is approximately five hundred twenty (520) acres in Hardin County near the Tennessee River. This site has forested wetland communities including Tupelo gum (Nyssa aquatica) and Bald cypress (Taxodium distichium) with surrounding floodplain and upland forest community types. There are upland seeps, which combined with these many other forest communities, provide unique habitat for more than thirty-seven (37) species of dragonflies and damselflies;
- (GGG) Walls of Jericho. An area of approximately seven hundred fifty (750) acres in Franklin County located within the Bear Hollow Wildlife Management Area. This forested property contains a gorge known as the Walls of Jericho, a large, bowl-shaped natural amphitheater with interesting and unusual rock formations carved by Turkey Creek. In addition to its natural beauty, this property protects a diverse array of plant and animal species, including the rare limerock arrowwood;
- (HHH) Walnut Knob. An area of approximately eighteen (18) acres located in Smith County that protects a population of the federally endangered Braun's rockcress (Boechera perstellata). A mesic forest with large limestone outcrops, in addition to a dry oak forest, provides habitat for the rockcress;
- (III) Walterhill Floodplain. A thirty-four (34) acre area located along the Stones River in Rutherford County, and supporting one of the world's largest populations of the Stones River bladderpod, one of Tennessee's rarest plants;
- (JJJ) Washmorgan Hollow. A seventy-three (73) acre site in Jackson County which supports a rare mint population and is a significant neotropical bird habitat;
- (KKK) Watauga River Bluffs. An area of approximately fifty (50) acres located along the Watauga River in Carter County that includes a mixture of calcareous riverine bluffs and mixed oak/hemlock forest. This site supports a population of the rare Carolina pink (Silene caroliniana), and one of the best examples of a rock chestnut oak-eastern red cedar forest in the Ridge and Valley physiographic province;
- (LLL) William B. Clark Conservation Area. An area of approximately four hundred twenty-eight (428) acres located in Fayette County that supports high quality bottomland hardwood and forested wetland communities occurring along scenic meanders of the Wolf River. Located in the Coastal Plain physiographic province of west Tennessee, this site contains unaltered river channels and forested flood plains featuring high quality Bald Cypress-Water Tupelo forest communities, and provides habitat for numerous species of plants and animals in need of conservation;
- (MMM) William L. Davenport Refuge. An area of approximately one hundred twenty (120) acres in Polk County that includes a southern Appalachian bog community. This plant community is considered globally rare. It is characterized by an open canopy and is covered by a mat of large cranberry (Vaccinium macrocarpon) interspersed with tawny cotton-grass (Eriophorum virginicum), and alder (Alder serrulata) at the bog's edge;
- (NNN) Wilson School Road forest and cedar glades. A predominately forested area of approximately fifty-eight (58) acres in Marshall County in the Central Basin containing small limestone cedar glades and karst topography with wet weather conveyances, and dry woodlands containing eastern red cedar and blue ash trees. There are three (3) rare plant species known on this site, including the globally rare running glade clover (Trifolium calcaricum), Carolina anemone (Anemone caroliniana), and Tennessee glade cress (Leavenworthia exigua var. exigua); and
- (OOO) Window Cliffs. An area of approximately two hundred seventy-five (275) acres located in Putnam County with mesas, limestone arches, panoramic vistas, habitat for three (3) state-listed plants, a scenic waterfall, and a portion of Cane Creek.
History (39)
- Acts 1971, ch. 116, § 8
- 1973, ch. 185, § 1
- 1973, ch. 324, § 1
- 1974, ch. 612, § 1
- 1975, ch. 33, § 1
- 1977, ch. 254, § 1
- 1977, ch. 263, § 1
- 1977, ch. 302, §§ 1, 2
- T.C.A., § 11-1708
- Acts 1984, ch. 574, § 1
- 1985, ch. 99, §§ 1-3
- 1986, ch. 912, §§ 6, 7
- 1987, ch. 154, §§ 1, 2
- 1987, ch. 210, § 1
- 1988, ch. 508, §§ 1-3
- 1988, ch. 643, § 1
- 1989, ch. 91, § 1
- 1993, ch. 341, § 1
- 1994, ch. 627, § 1
- 1995, ch. 105, §§ 1, 2
- 1997, ch. 237, §§ 1, 2
- 1998, ch. 622, §§ 1-5
- 1999, ch. 357, §§ 1-5
- 2000, ch. 636, §§ 1, 2
- 2001, ch. 56, §§ 1-6
- 2002, ch. 779, §§ 2-8
- 2003, ch. 129, §§ 1-4
- 2004, ch. 482, § 1
- 2004, ch. 947, § 1
- 2006, ch. 618, §§ 1-4
- 2007, ch. 68, §§ 1-3
- 2007, ch. 381, § 1
- 2008, ch. 749, §§ 1-9
- 2009, ch. 53, §§ 1-7
- 2010, ch. 643, §§ 1-4
- 2011, ch. 400, § 1
- 2013, ch. 111, §§ 1, 2
- 2014, ch. 545, §§ 1, 2
- 2020, ch. 729, §§ 1-21.
§ 11-14-109. Plan for development and protection. - The commissioner shall, within two (2) years after an area has been made a part of this system, have completed a comprehensive plan of development and protection, and shall have begun the process of acquisition.
History (2)
- Acts 1971, ch. 116, § 9
- T.C.A., § 11-1709.
§ 11-14-110. Acquisition of property. - Within the boundaries of any Class I or Class II area included within the system, except those belonging to local governments, the commissioner may acquire, on behalf of the state of Tennessee, lands in fee title, or if applicable, and preferably, interest in land in the form of conservation easements. Easements should especially be sought in establishment of trails or other narrow, elongated or extensive land uses. Acquisition of land in fee or of any interest therein may be by donation, purchase with donated or appropriated funds, exchange, or otherwise. In acquiring property or property interests, as herein defined, the commissioner shall have the powers set forth in title 29, chapter 16, as heretofore or hereinafter amended, or under any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain. No area shall be added to this part except by an act of the general assembly.
History (3)
- Acts 1971, ch. 116, § 10
- T.C.A., § 11-1710
- Acts 1981, ch. 361, § 13.
§ 11-14-111. Cooperation with other agencies. - The commissioner, with the assistance of the other concerned state agencies, shall seek the cooperation of federal, county, and municipal agencies for the purposes of planning, development, and administration of the areas included within this program, and for the wise utilization of economic resources.
History (2)
- Acts 1971, ch. 116, § 11
- T.C.A., § 11-1711.
§ 11-14-112. Registration of privately owned areas. - The department shall maintain a registry of scenic or natural-scientific areas that are not in state ownership and whose owners have agreed to maintain them in a natural state, in accordance with such rules and regulations promulgated by the commissioner. Owners of such areas shall be permitted to make public the fact that the area is listed in the state registry. If the commissioner finds at any time that the owner has failed to maintain the criteria for natural areas as specified in this part, registration shall lapse.
History (3)
- Acts 1971, ch. 116, § 12
- 1978, ch. 634, § 2
- T.C.A., § 11-1712.
§ 11-14-113. Areas becoming part of other state areas. - Any component of the system that is or shall become a part of any state park, wildlife refuge, or similar area shall be subject to this part and the laws under which the other areas may be administered and, in the case of conflict between these laws, the more restrictive provisions shall apply.
History (2)
- Acts 1971, ch. 116, § 13
- T.C.A., § 11-1713.
§ 11-14-114. Reports from other agencies. - All state agencies shall, as areas are placed in this system, inform the commissioner of any proceedings, studies, or other activities within their jurisdiction and regardless of by whom requested which are then in progress and which affect or may affect any of the areas specified in § 11-14-105. They shall likewise inform the commissioner of any such proceedings, studies or other activities which are thereafter commenced or resumed before they are commenced or resumed.
History (2)
- Acts 1971, ch. 116, § 14
- T.C.A., § 11-1714.
§ 11-14-115. Violations — Penalties. - (a) Whoever violates, fails, neglects or refuses to obey this part or rule or regulation promulgated hereunder may be punished by a fine of not less than one hundred dollars ($100) for each day of such violation.
- (b) In addition to the foregoing criminal penalty, the general assembly finds that it is appropriate that there be the following civil sanction as well. Any person who commits any of the following acts or omissions is subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs:
- (1) Any damage or vandalism to any natural area;
- (2) The removal or destruction of any rare, threatened or endangered species of plants in any natural area; or
- (3) Any other violation of this part or the rules promulgated hereunder.
- (c) The commissioner, through the attorney general and reporter, may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation occurred, in the name of the department.
- (d) In assessing the civil penalty, the court may consider the following factors:
- (1) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
- (2) Damages to the natural area, including compensation for loss or destruction of any part of the area, resulting from the violation, as well as expenses involved in enforcing this section and the costs involved in rectifying any damage;
- (3) The cause of the violation; and
- (4) Any economic benefit gained by the violator.
History (4)
- Acts 1971, ch. 116, § 15
- T.C.A., § 11-1715
- Acts 1998, ch. 1080, § 6
- 2001, ch. 56, § 7.
§ 11-14-116. Reelfoot Lake natural area — Administration — Land acquisition. - (a) Notwithstanding any of this part to the contrary, this section is applicable to the Reelfoot Lake natural area, an area designated as a natural area under § 11-14-108 and described therein.
- (b) The responsibility for the administration of the Reelfoot Lake natural area under this part is transferred from the department, in cooperation with the wildlife resources agency acting as an advisory body, to the wildlife resources agency, in cooperation with the department acting as an advisory body.
- (c) All powers and duties of the commissioner under this part, with respect to the Reelfoot Lake natural area, are transferred to and shall be exercised and performed by the executive director of the wildlife resources agency, except that the power and duty to promulgate regulations are transferred to and shall be exercised by the fish and wildlife commission.
- (d) All powers and duties of the department under this part, with respect to the Reelfoot Lake natural area, are transferred to and shall be exercised by the wildlife resources agency.
- (e) The fish and wildlife commission, when promulgating regulations applicable to the Reelfoot Lake natural area, and the wildlife resources agency and its executive director, in the administration of the Reelfoot Lake natural area, shall seek the cooperation and advice of the department during the preparation of such regulations and the development of all management plans and policies for the natural area.
- (f) The powers and duties of the fish and wildlife commission, the wildlife resources agency and its executive director, with respect to the Reelfoot Lake natural area under this section shall not extend to those properties operated by the division of parks and recreation, as the Reelfoot Lake State Resort Park, including noncontiguous day use areas, and consisting of approximately two hundred seventy-nine and twenty-three hundredths (279.23) acres.
- (g) No provision of this part shall prevent the fish and wildlife commission from allowing hunting, fishing or other taking of wildlife on the Reelfoot Lake natural area in accordance with title 70 and the rules, regulations and proclamations promulgated pursuant to title 70. However, such rules, regulations and proclamations may include restrictions on hunting, fishing or other taking of wildlife in limited areas designated by the fish and wildlife commission as requiring such restrictions for the protection of plant and animal species which are listed by either the department or the fish and wildlife commission as endangered, threatened, deemed in need of management or of special concern.
- (h) Annually, not later than January 8, the executive director of the wildlife resources agency shall submit a report to the appropriate standing committees of the senate and the house of representatives of the general assembly. Such report shall outline, in summary form, the agency's activities and accomplishments in administering the Reelfoot Lake natural area during the preceding fiscal year.
- (i)
- (1) The general assembly finds and declares that it is in the general interests of the people of Tennessee to establish a partnership between this state and private, nonprofit corporations, qualifying under § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)), for the purpose of implementing the expeditious acquisition of interest in lands at Reelfoot Lake.
- (2) The executive director of the wildlife resources agency shall identify appropriate private, nonprofit corporations to assist with the acquisition of these lands. These corporations shall have the protection of charters of incorporation. The executive director is authorized, with the approval of the commissioner of finance and administration and the state building commission, to enter into agreements with such corporations to permit the corporations to purchase surveys, appraisals, title work, and other services required for the acquisition of interests in lands at Reelfoot Lake; provided, that contractors selected by the corporations for these purposes must be properly licensed in Tennessee for these purposes. The executive director, with the approval of the commissioner of finance and administration and the state building commission, is further authorized to accept such surveys, appraisals, title work, and services on behalf of the state and to enter into agreements with such corporations to acquire options and to preacquire on behalf of the state interests in lands at Reelfoot Lake. The executive director is further authorized, with the approval of the commissioner of finance and administration and the state building commission, to acquire conservation easements from such corporations where such corporations may retain the fee title; provided, that the executive director may not purchase a conservation easement under such circumstances for more than its appraised value. The executive director may, through such agreements, commit the state to reimburse the corporations for their costs of acquisition and for their costs of capital. The commissioner of finance and administration and the state building commission shall establish a form for such agreements.
History (4)
- Acts 1984, ch. 548, § 1
- 1985, ch. 350, §§ 1-3
- 2012, ch. 993, § 4
- 2013, ch. 93, § 3.
§ 11-14-117. Initiation of proceedings — Injunctive relief. - The commissioner may initiate proceedings in the chancery court of Davidson County or the county in which the activities occurred against any person who is alleged to have violated or is about to violate this part or the rules promulgated hereunder. In such action the commissioner may seek, and the court may grant, injunctive relief and any other relief available in law or equity.
Part 2 Agricultural, Forest and Open Spaces Land § 11-14-201. Expenditure of public funds. - Public funds may be expended or advanced by the state or any municipality or county in the state to acquire by purchase, gift, grant, bequest, devise, or lease, the fee or any lesser interest in land, development right, easement, covenant or other contractual right necessary to achieve the purposes of this section and §§ 11-15-107, 11-15-108, 67-5-509, 67-5-601, 67-5-602, and 67-5-1001 — 67-5-1009.
History (2)
- Acts 1976, ch. 782, § 12
- T.C.A., § 11-1716.
§ 11-14-202. Public acquisition of fee. - The state or any county or municipality may also acquire the fee to any property for the purpose of conveying or leasing the property back to its original owner or other person under such covenants or other contractual arrangements as will limit the future use of the property in accordance with the purposes of this section and §§ 11-15-107, 11-15-108, 67-5-509, 67-5-601, 67-5-602, and 67-5-1001 — 67-5-1009.
History (2)
- Acts 1976, ch. 782, § 12
- T.C.A., § 11-1716.
§ 11-14-203. Approval by planning authority. - (a) No private property shall be acquired by any county or municipality under this part until the planning commission having jurisdiction over the land involved, shall have, by resolution, declared such acquisition to be in the public interest.
- (b) Where no such planning commission legally exists, the Tennessee local government planning advisory committee shall exercise the same authority as where such municipal or regional commission otherwise legally exists.
History (2)
- Acts 1976, ch. 782, § 12
- T.C.A., § 11-1716.
Part 3 Natural Resources Trust Fund § 11-14-302. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Mineral” means all forms of minerals including, but not limited to, oil, gas, and coal; and
- (2) “Trust fund” means the natural resources trust fund created by this part.
§ 11-14-303. Purpose. - (a) The general assembly recognizes the need to protect the endowment represented by the land and minerals owned by the state.
- (b) These nonrenewable resources are held by the state in trust for the benefit of future generations.
- (c) In recognition of the responsibilities of this stewardship, the general assembly is creating the natural resources trust fund.
- (d) The purpose of the trust fund is to ensure that development of state-owned nonrenewable resources will proceed in a manner which is economically sound, and that revenues received from the disposal of those resources will be used for the long-term public interest.
§ 11-14-305. Source of revenue. - (a) Except as otherwise provided in subsection (b), the state treasurer shall deposit and hold all revenues from the following sources in the trust fund:
- (1) Royalties, lease payments, or other revenues collected under leases or other agreements for the extraction of, or right to extract, any state-owned minerals from the land, and the proceeds from the disposal of state-owned mineral interests in land, including state-owned minerals and mineral interests under navigable streams and other waters;
- (2) Proceeds from the sale or other conveyance of state-owned real property, including any interest therein;
- (3) Bequests, grants, contributions and appropriations which are designated or authorized for receipt into the trust fund; and
- (4) Trust fund investment income, less reasonable expenses for investing the trust fund assets.
- (b) The following revenues are excluded from the trust fund:
- (1) Proceeds necessary to pay administration and disposal costs;
- (2) Rental income from nonmineral interests;
- (3) Proceeds from the sale and conveyance of real property made with the purpose of acquiring or constructing improvements on other real property to replace that which was conveyed, as determined by the commissioner of finance and administration at the time of the conveyance;
- (4) Proceeds from the disposal of minerals excavated incidental to highway or other construction;
- (5) Proceeds which, because of federal laws or regulations, are restricted to uses which prevent their being placed in the trust fund;
- (6) Proceeds from the sale and conveyance of property deemed surplus right-of-way by the department of transportation under § 12-2-112(a)(7);
- (7) Proceeds from the sale and conveyance of property by a college or university if those funds are controlled by § 49-8-111;
- (8) Proceeds from the disposal of timber;
- (9) Proceeds from the sale and conveyance of property which is otherwise specified by statute as restricted to some other use;
- (10) Proceeds from the sale and conveyance of improved property if the appraised fair market value of the improvements exceeds the appraised fair market value of the land, as determined by the commissioner of finance and administration;
- (11) Proceeds from the sale and conveyance of property by the University of Tennessee; and
- (12) Proceeds described in subdivision (a)(1), which are generated from lands in Campbell and Scott counties which make up the Royal Blue wildlife management area. These proceeds shall be dedicated for use by the wildlife resources agency to manage and maintain the Royal Blue wildlife management area.
- (c) The state treasurer is authorized to deposit, hold, invest and manage in the trust fund, subject to this part, any money received pursuant to any bequest, grant or contribution to the state from any person, firm, association, corporation, estate, trust, or other entity, including the United States or any agency thereof; provided, that the bequest, grant or contribution is designated or authorized to be so held and used. The state treasurer is also authorized to receive any security, as defined in § 47-8-102, or other property, pursuant to any such bequest, grant or contribution, and to hold, sell, invest, reinvest and manage the same in the trust fund, or to sell the same and reinvest the proceeds if it is not a lawful investment under the constitution and laws of this state.
History (3)
- Acts 1985, ch. 189, § 5
- 1986, ch. 768, § 1
- 1998, ch. 778, § 1.
§ 11-14-306. Investments — Separate account — Protection of fund. - (a) Funds in the natural resources trust fund established by this part shall be invested by the state treasurer pursuant to policy guidelines, established by resolution of the funding board, created by § 9-9-101. The funding board shall establish the policy guidelines for investment of the natural resources trust fund in any manner which is lawful for the investment of state funds.
- (b) The state treasurer shall establish a separate natural resources trust fund account and shall annually transfer all interest and other earnings of the trust fund into the account, which shall be available for expenditure pursuant to § 11-14-307. The state treasurer shall withhold from the interest and other income of the trust fund such an amount as is necessary to protect the trust fund from inflation based on an appropriate inflation index to be selected by the state funding board. Funds withheld to protect the trust from inflation pursuant to this subsection (b) shall become a part of the corpus of the trust fund.
§ 11-14-307. Use of the fund. - (a) All revenues deposited to the trust fund pursuant to § 11-14-305, other than investment income, shall constitute the corpus of the trust fund. The corpus of the trust fund shall not be expended for any purpose.
- (b)
- (1) The balance of the yearly interest and earnings of the trust fund shall be separately accounted for but may be appropriated for any of the following public purposes:
- (A) The acquisition of lands, waters, or interests in lands and waters;
- (B) Development of outdoor recreation facilities to serve the general public;
- (C) Other capital projects for the conservation of air, land and water resources;
- (D) The acquisition or preservation of historic or archaeological properties which are significant to the cultural history of the state;
- (E) Grants or other financial assistance to any county or municipal government for any of the above purposes; provided, that such county or municipal government provides an equal amount for any given project; or
- (F) Reimbursement of greenbelt rollback taxes assessed against a county or municipal government as the result of acquisition of land for a park; provided, however, that if the land is not used as a park for ten (10) years or more, the county or municipality shall repay the amount of the reimbursement to the fund.
- (2) Any unencumbered and unexpended balance of such interest and earnings remaining at the end of any fiscal year shall not revert to the general fund but shall be carried forward until expended. All grants or other financial assistance to county or municipal governments shall be subject to the approval of the commissioner of environment and conservation.
- (c) The state treasurer may deduct reasonable service charges from the interest and earnings of the trust fund pursuant to procedures established by the state treasurer and the commissioner of finance and administration.
History (3)
- Acts 1985, ch. 189, § 7
- 1992, ch. 687, § 1
- 2012, ch. 959, § 1.
§ 11-14-308. Reviewing and evaluating projects for possible funding — Development of procedures. - (a) The commissioner of environment and conservation, in consultation with the commissioner of finance and administration, shall develop procedures for the purpose of reviewing and evaluating projects for possible funding, pursuant to § 11-14-307(b)(1) of the natural resources trust fund.
- (b) Prior to implementing the procedures, the commissioner of environment and conservation shall forward the procedures to the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate for review and comment.
- (c) Any projects recommended for funding shall be considered through the department of environment and conservation's annual budget request.
- (d) Such projects for consideration shall include grants to the municipal recreation systems organized pursuant to chapter 24 of this title, programs from county conservation boards organized pursuant to chapter 21 of this title, and joint parks and recreation systems organized pursuant to such chapters or organized pursuant to title 12, chapter 9.
History (4)
- Acts 1990, ch. 686, § 1
- 1998, ch. 605, § 3
- 2012, ch. 604, § 15
- 2013, ch. 236, § 6.
Part 4 Wetlands § 11-14-401. Short title — Acquisition of wetlands and forests — Part definitions. - (a) This part, as well as § 67-4-409(g), shall be known and may be cited as the “U.A. Moore Wetlands Acquisition Act.”
- (b) The general assembly finds and declares that it is in the general interest of the people of Tennessee:
- (1) To preserve certain wetlands and bottomland hardwood forests in our state, those being defined as follows:
- (A) “Bottomland hardwood forests” means forests occurring on alluvial soils in floodplains in which tupelo, blackgum, sweetgum, oaks, southern cypress, elm, ash, cottonwood, singly or in combination, comprise a plurality of the stocking except where pines comprise twenty-five percent (25%) to fifty percent (50%), in which case the stand would be classified as oak pine; and
- (B) “Wetlands” means lands which have hydric soils and a dominance (fifty percent (50%) or more of stem count based on communities) of obligate hydrophytes. They include the following generic types:
- (i) Fresh water meadows;
- (ii) Shallow fresh water marshes;
- (iii) Shrub swamps with semipermanent water regimes most of the year;
- (iv) Wooded swamps or forested wetlands;
- (v) Open fresh water except farm ponds; and
- (vi) Bogs;
- (2) That the director of the wildlife resources agency be authorized to acquire wetlands and bottomland hardwood forests, and lands which are capable of supporting hydrophytes or bottomland hardwood forests of a composition normally occurring in that area of the state, including adjacent tracts of land and tracts of land which are significant for the protection of wetlands and bottomland hardwood forests, the acquisition of which may be necessary and desirable to ensure the proper management of such wetlands and forests, on behalf of the state using the proceeds from the increase in revenues resulting from the 1986 increase in the tax levied in § 67-4-409. The director is also authorized to purchase any lands adjacent to Reelfoot Lake which may be necessary for the management and preservation of such lake from such revenues, and to purchase areas meeting the definition of “converted” wetlands as defined by the United States department of agriculture within the Food Security Act of 1985, and amendments thereto; and
- (3) To establish a partnership between the state and private, nonprofit corporations, qualifying under § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)), for the purpose of implementing the expeditious acquisitions of interests in wetlands and bottomland hardwood forests should the director or state choose to use such corporations.
- (c) Notwithstanding this part, § 67-4-409, or any other law to the contrary, the director of the wildlife resources agency is authorized to make expenditures from the 1986 wetland acquisition fund for the purpose of acquiring certain upland hardwood forests which are located within Scott and Campbell counties and are known as the “Koppers Properties,” including lands adjacent thereto.
- (d) Notwithstanding this part, § 67-4-409 or any other law to the contrary, the director of the wildlife resources agency is authorized to make expenditures from the 1986 wetland acquisition fund for the purpose of assisting in the acquisition of certain uplands and canyon which are located within White, Cumberland and Van Buren counties and are known as “Scott's Gulf.” Nothing in this subsection (d) shall be construed to obligate the wildlife resources agency to fully fund the purchase of this real property either from the 1986 wetland acquisition fund or from any other state fund under the control of the agency.
- (e) Notwithstanding this part, § 67-4-409 or any other law to the contrary, the executive director of the wildlife resources agency is authorized to make expenditures from the 1986 wetland acquisition fund for the purpose of acquiring certain upland hardwood forests which are located within Scott, Campbell, Morgan and Anderson counties known as “International Paper Company Properties,” including lands adjacent thereto.
- (f) Notwithstanding this part, § 67-4-409 or any other law to the contrary, the executive director of the wildlife resources agency is authorized to make expenditures from the 1986 wetland acquisition fund for the purpose of acquiring certain upland hardwood forests which are located within Monroe County and known as “Turkey Pen,” including lands adjacent thereto.
- (g) Notwithstanding this part, § 67-4-409, or any other law to the contrary, the executive director of the wildlife resources agency is authorized to make expenditures from the 1986 wetland acquisition fund for the purpose of acquiring certain upland hardwood forests which are located within Morgan County and known as the “McCartt Tract,” including lands adjacent thereto.
- (h) Notwithstanding this part, § 67-4-409, or any other law to the contrary, the executive director of the wildlife resources agency is authorized to make expenditures from the 1986 wetland acquisition fund for the purpose of acquiring certain forest tracts within Cumberland County adjacent to Catoosa Wildlife Management Area known as the “Oakley Tract(s),” including any lands adjacent thereto.
History (11)
- Acts 1986, ch. 833, § 1
- 1989, ch. 458, § 1
- 1989, ch. 461, § 5
- 1991, ch. 140, § 1
- 1997, ch. 542, §§ 1, 2
- 1998, ch. 955, § 1
- 1998, ch. 956, § 1
- 2002, ch. 864, § 1
- 2014, ch. 702, § 1
- 2016, ch. 1027, § 3
- 2023, ch. 351, § 1.
§ 11-14-402. Acquisition priorities. - Priorities for wetland and bottomland hardwood forest acquisition shall be directed jointly by the director of the wildlife resources agency and the commissioner of agriculture, or their designees. The two (2) shall meet periodically as needed to set the priorities for wetland and bottomland hardwood forest acquisition, and no individual tract shall be purchased without the joint consent of the commissioner of agriculture and the director of the wildlife resources agency. The requirements of this section shall be met before any steps in wetland and bottomland hardwood forest acquisition, as described in § 11-14-403, are taken.
§ 11-14-403. Agreement with private corporations to identify and acquire wetlands and forests. - The director of the wildlife resources agency, with the approval of the state building commission, may identify appropriate private, nonprofit corporations to assist with acquisition of wetlands and bottomland hardwood forests on behalf of the state. The director is authorized, with the approval of the state building commission, to enter into agreements with such corporations to permit the corporations to purchase surveys, appraisals, title work, and other services required for the acquisition of interest in wetlands and bottomland hardwood forests; provided, that contractors selected by the corporations for the purposes must be properly licensed in Tennessee for these purposes. The director is further authorized, with the approval of the state building commission, to accept such surveys, appraisals, title work, and services on behalf of the state, and to enter into agreements with such corporations to acquire options and to preacquire on behalf of the state interests in wetlands and bottomland hardwood forests. The director may, through such agreements, commit the state to reimburse the corporations for their costs of acquisition and for their costs of capital. The state building commission shall establish a form for such agreements.
§ 11-14-404. Inventory of wetlands and forests. - The director is authorized to maintain an inventory of rare and significant biological and geological wetlands and bottomland hardwood forests worthy of protection under the terms and conditions of this part. Such inventory shall include, but not necessarily be limited to, locations for unique wetlands, scenic wetlands, wetlands which are excellent examples of wildlife habitat, areas exhibiting exceptional ecological values, and bottomland hardwood forests.
§ 11-14-406. Compensation fund. - (a) There is hereby created a special agency account in the state general fund to be known as the compensation fund. Expenditures from such fund shall only be made to implement and effectuate the purposes of this part. Funds deposited in such fund shall not revert at the end of any fiscal year and all interest accruing on investments and deposits of the fund shall be returned to and made a part of the fund. The first three hundred thousand dollars ($300,000) deposited in the 1986 wetland acquisition fund shall be transferred and credited to the “compensation fund.”
- (b) On or before January 1 of each year, the commissioner of general services shall certify to the comptroller of the treasury such information as is necessary to identify the parcels of property that have been rendered tax exempt pursuant to this part during the prior fiscal year. The comptroller of the treasury shall determine the appropriate tax rate and assessed value of every parcel of property acquired by the wildlife resources agency regardless of whether the land was acquired with wetlands funds, and, on or before March 1 of each year, shall certify to the commissioner of finance and administration the amount of property tax revenue lost by each affected city or county the prior fiscal year. The assessed value shall be based on the use value provided for in title 67, chapter 5, part 10, if the property is of sufficient size to have been classified under that part. Acquisition pursuant to this part of property classified under title 67, chapter 5, part 10, shall not constitute a change in the use of the property, and no rollback taxes shall become due solely as a result of such acquisition. If the property is not of sufficient size to have been classified under title 67, chapter 5, part 10, the assessed value shall be determined according to the same basis as other like property within the jurisdiction. Each subsequent yearly reimbursement amount shall be based on the same assessed value, tax rate and use in effect on the date of purchase. The commissioner of finance and administration shall reimburse each affected city and county the amount so determined from funds available in the compensation fund. In any year in which funds available in the compensation fund are insufficient to fully reimburse such cities and counties, the commissioner of finance and administration shall effect a transfer of funds from the 1986 Wetland Acquisition Fund to the compensation fund in an amount sufficient to fully reimburse the affected cities and counties. Funds transferred from the 1986 Wetland Acquisition Fund to the compensation fund along with interest, if any, accruing on such funds after their transfer to the compensation fund, shall be expended to reimburse affected cities and counties only for lands purchased under the U.A. Moore Wetlands Acquisition Act. If there is an amount owing on June 19, 1997, to a city or a county for a reimbursement, due to insufficient funds having been available in the compensation fund, such amount owing shall be paid to the affected city or county under the terms of this part.
History (6)
- Acts 1986, ch. 833, § 8
- 1987, ch. 121, § 1
- 1989, ch. 461, § 1
- 1997, ch. 542, § 3
- 2018, ch. 1013, § 1
- 2020, ch. 795, § 2.
§ 11-14-407. Condemnation or eminent domain prohibited — Exception. - No property shall be acquired under this part through condemnation or the use of eminent domain under title 29, chapters 16 and 17, with the exception that condemnation or the use of eminent domain may be used to acquire, under this part, certain property in Scott and Campbell counties known as the “Koppers Properties.”
History (2)
- Acts 1986, ch. 833, § 5
- 1991, ch. 278, § 1.
Chapter 15 Protective Easements § 11-15-101. Purpose. - The purpose of this chapter is to authorize and enable public bodies to acquire interests and rights in real property that is adjacent to or has a visual, audible, or atmospheric effect on the state's historic, architectural, archaeological, or cultural resources, or on its natural areas in order to assist in the attainment of the objectives stated in the findings.
History (2)
- Acts 1973, ch. 21, § 1
- T.C.A., § 11-1801.
§ 11-15-102. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “National Register of Historic Places” or “National Register” means that listing of the state's historic, archaeological, architectural, cultural, and environmental resources as nominated by the state liaison officer and which is kept by the national park service, the United States department of the interior, pursuant to the National Historic Preservation Act of 1966, Pub. L. No. 89-665. Such listing is published in the Federal Register on a regular basis;
- (2) “Public body” means the state, counties, municipalities, metropolitan governments, the historic commission of any state, county, municipal, or metropolitan government, and park or recreation authorities;
- (3)
- (A) “Scenic easement” means an easement in land which:
- (i) Is held for the benefit of the people of Tennessee;
- (ii) Is specifically enforceable by its holder or beneficiary; and
- (iii) Limits or obligates the holder of servient estate, the holder's heirs, and assigns with respect to their use and management of the land and activities conducted thereon, the object of such limitations and obligations being the maintenance or enhancement of the present condition, use, or natural beauty of the land in question or the protection and preservation of historic, architectural, archaeological, or cultural resources, or natural areas affected by the land in question;
- (B) “Scenic easement” also means an easement of view over the facade, or restrictions on the use of a structure included in the National Register or Tennessee Register whereby the external appearance of the structure is preserved by the sale, donation, or other surrender by the owner of the easement to a public body either:
- (i) In fee simple;
- (ii) For the owner's life or the life of another; or
- (iii) For a term of years; and
- (4) “Tennessee Register of Historic Places” or “Tennessee Register” means that listing of districts, sites, buildings, structures, and objects significant in Tennessee history, architecture, archaeology, and culture kept by the Tennessee historical commission pursuant to title 4, chapter 11, part 2.
History (4)
- Acts 1973, ch. 21, § 2
- impl. am. Acts 1975, ch. 143, § 1
- 1976, ch. 730, §§ 2, 3
- T.C.A., § 11-1802.
§ 11-15-103. Acquisition authorized. - In order to carry out the purposes of this chapter, the state of Tennessee, acting through any of its departments, agencies, or institutions, subject, in the case of the state, to the approval of the state building commission or any other public body, may acquire interests in real property in the form of scenic easements. Acquisition of interests in land or in structures (scenic easements) may be by donation, purchase with donated or appropriated funds or otherwise, but not by exercise of the power of eminent domain. However, no interests in land or in structures (scenic easement) may be acquired except to assist in the protection and preservation of those historic, architectural, archaeological or cultural resources listed in the National Register or Tennessee Register or those natural areas that are included among the park or recreational lands administered by the public body. In addition, any public body may designate a scenic easement in any real property in which it has an interest in order to provide protection to and assist in the preservation of such listed and designated resources and areas.
History (3)
- Acts 1973, ch. 21, § 3
- 1976, ch. 730, § 4
- T.C.A., § 11-1803.
§ 11-15-104. Powers. - A public body has all powers necessary or convenient to carry out the purposes and provisions of this chapter, including the following powers in addition to others granted by this chapter, to:
- (1) Appropriate or borrow funds and make expenditures necessary to carry out the purposes of this chapter; and
- (2) Apply for and accept and utilize grants and any other assistance from the federal government and any other public or private source, give such security as may be required and enter into and carry out contracts or agreements in connection with such grants or assistance.
History (2)
- Acts 1973, ch. 21, § 4
- T.C.A., § 11-1804.
§ 11-15-105. Tax assessment. - (a) When a scenic easement is held by a public body for the purposes of this chapter, the subject real property shall be assessed on the basis of the true cash value of the property or as otherwise provided by law, less such reduction in value as may result from the granting of the scenic easements.
- (b)
- (1) The value of the easement interest held by the public body shall be exempt from property taxation to the same extent as other public property.
- (2) If a scenic easement in a structure is held by a public body for the term of a person's life or a term of years, the exemption shall apply for the length of the term and no longer.
History (3)
- Acts 1973, ch. 21, § 5
- 1976, ch. 730, § 5
- T.C.A., § 11-1805.
§ 11-15-106. Limitation of application. - (a) Sections 11-15-101 — 11-15-106, insofar as they relate to easements or interests in structures, shall only apply to counties having a population of two hundred thousand (200,000) or more according to the 1970 federal census or any subsequent federal census, it being the finding of the general assembly that redevelopment pressures are greater on historic structures in heavily urbanized areas.
- (b) Sections 11-15-101 — 11-15-106, insofar as they relate to easements or interests in structures, shall apply only to those counties which, by a majority vote of the governing body of the county, choose to come under those provisions. Any incorporated municipality which desires to come under §§ 11-15-101 — 11-15-106, insofar as they relate to easements or interests in structures, may do so separately by a majority vote of its governing body. In that event, however, only the territory within the corporate bounds of the municipality shall be affected by §§ 11-15-101 — 11-15-106 insofar as they relate to easements or interests in structures.
History (2)
- Acts 1976, ch. 730, §§ 6, 7
- T.C.A., § 11-1806.
§ 11-15-107. Open space easements — Donation. - (a) Any person owning “open space land” as defined in § 67-5-1004 may donate to the state an open space easement limiting the future use of the land. The commissioner may accept such easement on behalf of the state, imposing such restrictions and limitations on the future use of the land as the commissioner and the owner may agree on and which may further the purposes of this section and §§ 11-14-201, 11-15-108, 67-5-509, 67-5-601, 67-5-602, and 67-5-1001 — 67-5-1009. Before accepting the easement, the commissioner shall consult with the state planning office and the appropriate planning commission having jurisdiction over the land, and the director and the planning commission shall advise the commissioner if the preservation of the land in an open space condition is contrary to the public interest. The advice rendered by such planning commission shall be in accordance with the provisions and recommendations of an officially adopted land use plan or the land use element, as described in § 13-3-301, of an officially adopted plan for physical development. Where no such officially adopted land use plan or land use element of an officially adopted plan exists, such advice shall be rendered in accordance with the principles of sound land use planning and shall be made in the form of an officially adopted policy statement of the planning commission. Where no such planning commission exists, the Tennessee local government planning advisory committee shall exercise the same authority as where such a planning commission otherwise legally exists.
- (b) The commissioner shall encourage, if appropriate, but shall not require, conditions in the agreement which shall provide for some form of limited public use. Such uses may include, but shall not be limited to, provisions for youth groups, garden clubs, school classes or similar groups to conduct nature studies, hikes, or field trips on the land.
- (c) When the commissioner accepts such an open space easement, the commissioner shall cause it to be recorded with the register of deeds in the county in which the land is situated, and shall notify the assessors of property for the county or municipality in which the land is situated and it shall be assessed as provided in § 67-5-1009.
History (2)
- Acts 1976, ch. 782, §§ 9, 10
- T.C.A., § 11-1807.
§ 11-15-108. Cancellation. - (a) If the current owner of any land on which an open space easement is in effect wishes to cancel the easement, such owner shall notify the commissioner of the owner's request in writing at least ninety (90) days in advance of the proposed date of cancellation.
- (b) The commissioner shall cancel the easement on behalf of the state only if all of the following conditions are met:
- (1) The easement has been in effect for a period of at least ten (10) years;
- (2) The commissioner determines that the open space is not needed in that location and that the public interest would be better served by the cancellation of the easement;
- (3) The appropriate planning commission having jurisdiction over the land in question adopts a resolution stating that the open space is not needed in that location and that the public interest would be better served by the cancellation of the easement;
- (4) The commissioner finds that there exists no overriding state concern to maintain such open space; and
- (5) The owner has paid to the county and municipality in which the land is situated an amount equal to the difference between the taxes actually paid during the ten (10) preceding years and the taxes computed during the ten (10) preceding years on the basis of fair market value and classification of the land as if the easement had not existed, as provided for in § 67-5-1009.
- (c) The commissioner, upon determining that all five (5) of the conditions in subsection (b) have been satisfied, shall cancel the easement on behalf of the state and shall duly notify the register of deeds and the assessors of property for the county and municipality in which the land is situated.
History (2)
- Acts 1976, ch. 782, § 11
- T.C.A., § 11-1808.
Chapter 18 National Forests, Parks and Development Projects § 11-18-101. United States authorized to acquire land. - The consent of the state of Tennessee is given to the acquisition by the United States, by purchase or otherwise, of such lands within the state as in the opinion of the federal government, the state forester and the governor concurring, may be necessary for the establishment and extension of national forests and parks, and the improvement and development of the Tennessee River basin and the Cove Creek project on the Clinch River and Fort Pillow in Lauderdale County; provided, that the property of no one shall be taken under the power of eminent domain without previous negotiation and that in all such proceedings the United States or its agencies shall, for the purpose of guaranteeing uniformity in such proceedings, follow §§ 29-16-101 — 29-16-122, 29-16-202 and 29-16-203 providing for the taking of private property for works of internal improvement.
History (6)
- Acts 1933, ch. 161, § 1
- 1937, ch. 223, § 1
- 1943, ch. 150, § 1
- C. Supp. 1950, § 5201.2
- T.C.A. (orig. ed.), § 11-1001
- Acts 2014, ch. 927, § 8.
§ 11-18-102. Jurisdiction retained by state — Purpose. - As to all lands acquired by the United States within this state for the purposes mentioned in § 11-18-101 or similar purposes, the state does not, by granting this consent, surrender or cede its legislative, executive and judicial jurisdiction over the same, but grants to the congress of the United States the right to enact such laws and make such rules and regulations as may be necessary to protect its title to and possession of such lands as may be acquired by it for such purposes, it being the intent of this section to establish a uniform consent and cession as to all lands owned or acquired by the United States within this state for the above mentioned and all other federal purposes, except those enumerated in the Constitution of the United States, article 1, § 8, to-wit: lands for the erection of forts, magazines, arsenals, dockyards and other needful buildings.
History (3)
- Acts 1933, ch. 161, § 2
- C. Supp. 1950, § 5201.3
- T.C.A. (orig. ed.), § 11-1002.
§ 11-18-103. Civil and criminal jurisdiction retained — Privileges as citizens retained by inhabitants. - The jurisdiction of the state of Tennessee, both civil and criminal, over persons upon the lands acquired for the purposes named in § 11-18-101, or similar purposes, shall not be affected or changed by their permanent acquisition and administration by the United States for such purposes, except so far as the punishment of offenses against the United States is concerned, the intent and meaning of this section being that the state of Tennessee shall not, by reasons of such acquisition and administration, lose its jurisdiction nor the inhabitants thereof their rights and privileges as citizens or be absolved from their duties as citizens of the state.
History (3)
- Acts 1933, ch. 161, § 3
- C. Supp. 1950, § 5201.4
- T.C.A. (orig. ed.), § 11-1003.
§ 11-18-104. Jurisdiction retained over highways and streams. - (a) The state of Tennessee and its governmental or political subdivisions shall retain its and their title and ownership in and to and jurisdiction over all highways and thoroughfares over or contiguous to lands so acquired, and to all bridges and ferries forming parts of such highways or over streams affected thereby, together with the right to locate, relocate and reconstruct roads over such lands, and bridges and ferries over such streams as may be necessary to protect and improve the highways of the state and its subdivisions and to promote the free flow of commerce between the different communities of this state inter sese and other states.
- (b) Federal agencies acquiring lands for public improvement in this state shall have no right to destroy or impair the use of any highway, bridge or ferry, public or private, without first compensating or making satisfactory arrangement with the owner thereof for another facility of equal service and value.
History (4)
- Acts 1933, ch. 161, § 4
- 1943, ch. 150, § 2
- C. Supp. 1950, § 5201.5
- T.C.A. (orig. ed.), § 11-1004.
§ 11-18-105. Taxing power reserved by state. - The state of Tennessee reserves the right to tax persons and corporations, their franchises and property on land or lands deeded or conveyed as aforementioned and to tax sales of gasoline and other motor vehicle fuels and oil for use in motor vehicles or other means of transportation or any other privilege, trade or business conducted on such lands, and to tax and control motor vehicles or other means of transportation using any highways constructed by the United States on the lands as a result of its improvements within the state.
History (3)
- Acts 1933, ch. 161, § 5
- C. Supp. 1950, § 5201.6
- T.C.A. (orig. ed.), § 11-1005.
§ 11-18-106. Chapter applicable to further acquisitions of property — Compliance with conditions to satisfaction of governor and state forester. - Nothing in this chapter shall be construed to affect any rights accrued prior to February 11, 1943, but as to any future acquisitions of property by the United States or any of its agencies, this chapter shall be applicable law and the right of cession of jurisdiction over property in the state shall not become effective until all the conditions hereof are complied with to the satisfaction of the governor and state forester.
History (4)
- Acts 1933, ch. 161, § 7
- 1943, ch. 150, § 3
- C. Supp. 1950, § 5201.7 (Williams, § 5201.8)
- T.C.A. (orig. ed.), § 11-1006.
§ 11-18-107. United States authorized to prohibit the use by commercial vehicles of highways within Great Smoky Mountains National Park. - Notwithstanding chapter 57 of the Public Acts of 1951, approved February 23, 1951, and the provisions found in the deed conveying all state highways within the Great Smoky Mountains National Park to the United States, dated June 1, 1951, and recorded in the register's office of Sevier County, on August 6, 1951, in volume 106, page 440; Blount County, on August 25, 1951, in volume 172, page 55; and Cocke County, on October 10, 1951, in volume 71, page 491, the state of Tennessee consents to the United States prohibiting the use by commercial vehicles of U.S. highway 441 and Tennessee highway 73 west of Gatlinburg, within the Great Smoky Mountains National Park when interstate route I-40 is completed from near Newport, to U.S. highway 19 near Waynesville, North Carolina.
History (2)
- Acts 1963, ch. 163, § 1
- T.C.A., § 11-1007.
Chapter 19 National Park and Forest Commissions § 11-19-101. Great Smoky Mountains Park commission created — Meetings. - There is hereby created the Great Smoky Mountains Park commission to devote its attention to the problems of that portion of the Great Smoky Mountains National Park which lies within this state and, to that end, shall be required to meet at least once every six (6) months to perform its functions.
History (3)
- Acts 1974, ch. 503, § 1
- T.C.A., § 11-1901
- Acts 1980, ch. 494, § 1.
§ 11-19-102. Members — Appointment — Term — Vacancy. - (a) The Great Smoky Mountains Park commission shall be composed of five (5) members, one (1) member to be appointed by the governor each year, and each member to serve a five-year term.
- (b) In order that the members of the commission serve staggered terms, the initial appointments to the commission under this section shall consist of:
- (1) One (1) member to serve a term of one (1) year;
- (2) One (1) member to serve a term of two (2) years;
- (3) One (1) member to serve a term of three (3) years;
- (4) One (1) member to serve a term of four (4) years; and
- (5) One (1) member to serve a term of five (5) years.
- (c) Members shall be appointed by June 15 of each year to take office on July 1 of each year.
- (d) In the event of a vacancy in the office of a member of the commission, the governor shall appoint a new member of the commission to serve out the remainder of the vacating member's term.
- (e) The commissioner or a designee of the department of environment and conservation and the commissioner or a designee of the department of tourist development shall serve as ex officio members of the commission.
History (5)
- Acts 1974, ch. 503, § 2
- T.C.A., § 11-1902
- Acts 1980, ch. 494, § 1
- 1982, ch. 799, § 3
- 2004, ch. 511, § 1.
§ 11-19-103. Functions. - It is the function of the Great Smoky Mountains Park commission to:
- (1) Have the authority to confer with the national park service, as a representative of the state of Tennessee, with regard to policies of the national park service to be observed in the Great Smoky Mountains National Park;
- (2) Furnish informational services to the United States congress with reference to the needs of the Great Smoky Mountains National Park including, but not limited to, the end of obtaining financial appropriations for the park;
- (3) Cooperate with similar commissions in other states adjacent to the Great Smoky Mountains National Park;
- (4) Urge the reasonable use of trails within the Great Smoky Mountains National Park;
- (5) Maintain, to as great an extent as possible, the entrances to the Great Smoky Mountains National Park free from commercial advertising and/or businesses; and
- (6) Take other action, as may be considered desirable, to preserve intact the natural beauty and scenery of the Great Smoky Mountains National Park. This grant of power to the commission shall be construed liberally in favor of the commission taking any action which may be considered by it advantageous to the Great Smoky Mountains National Park.
History (3)
- Acts 1974, ch. 503, § 3
- T.C.A., § 11-1903
- Acts 1980, ch. 494, § 1.
§ 11-19-104. Annual report. - The Great Smoky Mountains Park commission shall submit an annual report of its activities to the governor and to the general assembly within fifteen (15) days after the convening of each regular legislative session, and special reports at such other times as it may deem appropriate.
History (3)
- Acts 1974, ch. 503, § 4
- T.C.A., § 11-1904
- Acts 1980, ch. 494, § 1.
§ 11-19-105. Compensation — Expenses. - The members of the Great Smoky Mountains Park commission shall receive no compensation for their services, but shall be entitled to reimbursement for their necessary expenses in carrying out their obligations under this chapter, including, but not limited to, reimbursement for travel expenses in accordance with the official comprehensive travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
History (4)
- Acts 1974, ch. 503, § 5
- 1976, ch. 806, § 1(53)
- T.C.A., § 11-1905
- Acts 1980, ch. 494, § 1.
§ 11-19-106. Relation to department of environment and conservation. - (a) The Great Smoky Mountains park commission shall be administratively attached to the department of environment and conservation, but for all other purposes other than administration shall be considered independent.
- (b) This section shall be subject to the specific appropriation of funds by the general assembly.
Chapter 21 County Conservation Boards § 11-21-101. Purpose. - The purposes of this chapter are to create a county conservation board and to authorize counties to acquire, develop, maintain, and make available to the inhabitants of the county, public parks, preserves, parkways, playgrounds, recreational centers, county forests, wildlife areas and other conservation areas, and to promote and preserve the health and general welfare of the people, to encourage the orderly development and conservation of natural resources, and to cultivate good citizenship by providing adequate programs of public recreation.
History (2)
- Acts 1961, ch. 213, § 1
- T.C.A., § 11-1101.
§ 11-21-102. Creation of county conservation boards — Alternative methods of creating — Members — Terms. - (a) Upon petition of not less than two hundred (200) qualified voters in any county to the county legislative body thereof, the county legislative body shall submit to the people of the county at the next general county-wide election the question of whether a county conservation board shall be created as provided for in this chapter. If at the election the majority of votes polled are for the creation of a county conservation board, the county legislative body shall within sixty (60) days after the election, create a county conservation board. In the alternative, the county legislative body in any county may, by a majority of all its members, also create a county conservation board in that county, as provided for in this chapter, without petition and referendum. As a further alternative, any county having a population of more than two hundred eighty-seven thousand (287,000) according to the 1980 federal census may, by a majority vote of all the members of the county legislative body, adopt chapter 24 of this title, for the effective management of a parks and recreation department. Furthermore, these alternative provisions relating to counties of populations greater than two hundred eighty-seven thousand (287,000) and to chapter 24 of this title shall have no effect unless the county legislative body approves by a two-thirds (⅔) vote a resolution accepting as applicable these provisions. Approval or nonapproval of such resolution shall be proclaimed by the presiding officer of the legislative body, and certified by the presiding officer to the secretary of state.
- (b) If created by any of these three (3) methods, the board shall consist of a minimum of five (5) bona fide residents up to a maximum of nine (9) bona fide residents of such county. The members shall hold office for staggered terms, not to exceed five (5) years, as indicated and fixed by the county legislative body. When any member of the board, during the term of office, shall cease to be a bona fide resident of the county, such member shall thereby be disqualified as a member of the board and such member's office shall thereupon be declared vacant. Members of the board shall be selected and appointed on the basis of their demonstrated interest in conservation matters and shall serve without compensation, but may be paid their actual and necessary expenses incurred in the performance of their official duties. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
History (7)
- Acts 1961, ch. 213, § 2
- 1967, ch. 388, § 1
- 1976, ch. 806, § 1(140)
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A., § 11-1102
- Acts 1984, ch. 813, § 5
- 2005, ch. 83, §§ 1, 2.
§ 11-21-103. Officers of board — Meetings — Powers — Annual report. - Within thirty (30) days after their appointment, the county conservation board shall organize by selecting from its members a president and secretary and such other officers as are deemed necessary, who shall hold office for the calendar year in which elected and until their successors are selected and qualified. A majority of the members to which the board is entitled shall constitute a quorum for the transaction of business. The board shall hold regular monthly meetings; provided, however, that by majority vote of the membership, the board may hold meetings less frequently based on the needs of the county, but not less frequently than quarterly. Special meetings may be called by the president, and shall be called on the request of a majority of members, as necessity may require. The board shall have power to adopt bylaws, to adopt and use a common seal, and to enter into contracts. The county legislative body shall provide suitable offices for the meetings of the board and for the safekeeping of its records. Such records shall be subject to public inspection at all reasonable hours and under such regulations as the board may prescribe. The board shall annually make a full and complete report to the county legislative body of its transactions and operations for the preceding year. Such report shall contain a full statement of its receipts, disbursements, and the program of work for the period covered, and may include such recommendations as may be deemed advisable. A copy of this report shall be filed with the commissioner of environment and conservation.
History (6)
- Acts 1961, ch. 213, § 3
- impl. am. Acts 1963, ch. 169, § 3
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A., § 11-1103
- Acts 2005, ch. 83, § 3
- 2009, ch. 496, § 1.
§ 11-21-104. Powers of board — Executive officer. - The county conservation board has the custody, control and management of all real and personal property heretofore or hereafter acquired by the county for public parks, preserves, parkways, playgrounds, recreation centers, county forests, county wildlife areas, and other county conservation and recreation purposes and is authorized and empowered:
- (1) To study and ascertain the county's park, preserve, parkway, and recreation and other conservation facilities, the need for such facilities, and the extent to which such needs are being currently met, and to prepare and adopt a coordinated plan of areas and facilities to meet such needs;
- (2) To acquire in the name of the county by gift, purchase, lease, agreement or otherwise in fee or with conditions, suitable real estate within or without the territorial limits of the county areas of land and water for public parks, preserves, parkways, playgrounds, recreation centers, forests, wildlife and other conservation purposes. The commissioner of environment and conservation, the county legislative body, or the governing body of any city or town may, upon request of the board, designate, set apart and transfer to the board for use as parks, preserves, parkways, playgrounds, recreation centers, playfields, tennis courts, skating rinks, swimming pools, gymnasiums, rooms for arts and crafts, camps and meeting places, community forests, wildlife areas and other recreational purposes, any lands and buildings owned or controlled by the state or such county or municipality and not devoted or dedicated to any other inconsistent public use. In acquiring or accepting land, due consideration shall be given to its scenic, historic, archaeologic, recreational or other special features, and no land shall be acquired or accepted which in the opinion of the board is of low value from the standpoint of its proposed use. No existing state parks, playgrounds, or recreation centers shall be transferred to the board without the consent of the county legislative body or, if the area is within the incorporated limits of any city or town, without the consent of the governing body of the city or town;
- (3) The board shall file with and obtain approval of the commissioner of environment and conservation on all proposals for acquisition of land, and all general development plans and programs for the improvement and maintenance thereof before any such program is executed;
- (4) To plan, develop, preserve, administer and maintain all such areas, places and facilities, and construct, reconstruct, alter and renew buildings and other structures, and equip and maintain the same;
- (5) To accept in the name of the county gifts, bequests, contributions and appropriations of money and other personal property for conservation purposes;
- (6) To employ and fix the compensation of an executive officer who shall be responsible to the board for the carrying out of its policies. The executive officer has the power, subject to the approval of the board, to employ and fix the compensation of such assistants and employees as may be deemed necessary for carrying out the purposes and provisions of this chapter, but all such expenditures shall be within the limitation of funds available for that purpose;
- (7) To charge a reasonable fee for the use of a park or recreation facility or for participation in a recreation program conducted at a facility operated by a conservation board or sponsored by the board and held at another location. A conservation board may engage in the sale of concessions, food, beverages and the like in conjunction with such programs, facilities or events. A board may contract with a private or nonprofit vendor for such concessions provision. In all cases receipts from such concession operations must be adequately accounted for and profits may not inure to private groups or individuals except as reasonable compensation for contracted service provided; and
- (8) To let out and rent privileges in or upon any property under its control upon such terms and conditions as are deemed by it to be in the public interest.
History (6)
- Acts 1961, ch. 213, § 4
- impl. am. Acts 1963, ch. 169, § 3
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A., § 11-1104
- Acts 1984, ch. 813, § 1
- 2013, ch. 93, § 4.
§ 11-21-105. Rules and regulations. - (a) The county conservation board may make, alter, amend or repeal rules and regulations for the protection, regulation and control of all parks, preserves, parkways, playgrounds, recreation centers, and other property under its control. No rules and regulations adopted shall be contrary to, or inconsistent with, the laws of the state of Tennessee. The board may designate the executive officer and such employees as the executive officer may designate as police officers who shall have all the powers conferred by law on police officers, peace officers, or sheriffs in the enforcement of the laws of the state of Tennessee and the apprehension of violators thereof.
- (b) In counties having a population of less than six hundred thousand (600,000) according to the 1970 federal census or any subsequent federal census, such rules and regulations shall not take effect until ten (10) days after their adoption by the board and after their publication once a week for two (2) weeks in at least one (1) paper circulating in the county, and after a copy thereof has been posted near each gate or principal entrance to the public ground to which they apply. In counties having a population of six hundred thousand (600,000) or more according to the 1970 federal census or any subsequent federal census, such rules and regulations shall not take effect until thirty (30) days after their adoption by the board and after the same have been approved by the commissioner of environment and conservation.
- (c) In counties having a population of six hundred thousand (600,000) or more according to the 1970 federal census or any subsequent federal census, all rules and regulations adopted by any board, after due notice in accordance with this section and a copy thereof having been recorded with the commissioner, shall be subject to enforcement by a fine of not more than fifty dollars ($50.00) for each violation against any person found guilty of violating such rules and regulations. Any violation of the rules and regulations for the care and management of such property of county conservation boards as may be made under the authority of this section is a Class B misdemeanor.
- (d) No county conservation board shall require that any parks, preserves, parkways, playgrounds, recreation centers and other property under its control be named in dedication only to individuals who are deceased at the time of such naming.
History (5)
- Acts 1961, ch. 213, § 5
- 1974, ch. 509, §§ 1, 2
- T.C.A., § 11-1105
- Acts 1989, ch. 591, § 112
- 2009, ch. 500, § 2.
§ 11-21-106. Appropriations — Tax levy — Recreation and conservation tax — County conservation fund — Bonds in anticipation of tax. - (a) Upon the adoption of any county of this chapter, the legislative body of such county may appropriate an amount of money from the general fund of the county in carrying out its powers and duties, and it may levy or cause to be levied an annual tax, in addition to all other taxes, which tax shall be collected by the county trustee as other taxes are collected, and shall be paid into a separate and distinct fund to be known as the “county conservation fund,” to be paid out upon the warrants drawn by the county mayor or other county fiscal officer upon requisition of the county conservation board for the payment of expenses incurred in carrying out the powers and duties of the board.
- (b) The board has no power or authority to contract any debt or obligation in any year in excess of the moneys on hand immediately available for such purposes. Gifts, contributions and bequests of money and all rent, licenses, fees and charges and other revenue or money received or collected by the board shall be deposited in the county conservation fund to be used for the purchase of land, property and equipment and the payment of expenses incurred in carrying out the activities of the board, except that moneys given, bequeathed or contributed upon specified trusts shall be held and applied in accordance with the trust specified.
- (c) In order to make immediately available to the board the proceeds of the annual tax hereinbefore authorized to be levied for recreation and conservation purposes, bonds of any county may be issued in anticipation of the collection of such tax in the manner hereinafter provided. Upon the filing of a petition by the board with the county legislative body asking that bonds be issued in a specified amount for the purpose of paying the cost of acquiring land and developing the same for public park, parkway, preserve, playground, or other recreation or conservation purposes within the county, then the county legislative body may call a special election to be held in the county to vote on the proposition of issuing such bonds. Notice of such election shall be published once each week for at least four (4) consecutive weeks in one (1) of the official county newspapers, and the election shall be held on a day not less than five (5) nor more than twenty (20) days after the last publication of such notice. The proposition shall be submitted in substantially the following form:
- The expenses incurred in connection with the conduct of such election shall be paid by the board from the county conservation fund. If the vote in favor of issuing the bonds is equal to at least sixty percent (60%) of the total votes cast for and against the proposition, the county legislative body shall issue the bonds in the amount voted, and shall provide for the levy of an annual tax, within the limits of the special tax hereinbefore authorized, sufficient to pay the bonds and the interest thereon as the same respectively become due. The bonds shall mature in not more than twenty (20) years, shall bear interest at such rate or rates and shall be in such form as the county legislative body shall by resolution provide, and shall be payable as to both principal and interest from the proceeds of the annual tax levy hereinbefore authorized to be levied for recreation and conservation purposes, or so much thereof as will be sufficient to pay the principal thereof and interest thereon, and prior to the authorization and issuance of such bonds, the county legislative body may, with or without notice, negotiate and enter into an agreement or agreements with any bank, investment banker, trust company or insurance company or group thereof whereunder the marketing of such bonds may be assured and consummated. The proceeds of such bonds shall be deposited in a special fund, to be kept separate and apart from all other funds of the county, and shall be paid out upon warrants drawn by the county mayor or other fiscal officer of the county, upon requisition of the board to pay the cost of acquiring land and developing the same for recreation and conservation purposes as specified in the election proposition.
- (d) Nothing herein contained shall be construed to limit the authority of the county legislative body to levy the recreation and conservation tax, but if and to whatever extent the tax is levied in any year in excess of the amount of the principal and interest falling due in such year on the bonds, the first available proceeds thereof, to an amount sufficient to meet maturing installments of principal of and interest on such bonds, shall be paid into the sinking fund for such bonds before any of such taxes are deposited in the county conservation fund or are otherwise made available to the board, and the amount required to be annually set aside to pay the principal of and interest on the bonds shall constitute a first charge upon all of the proceeds of such annual special tax, which tax shall be pledged to pay the bonds and the interest thereon.
- (e) This chapter shall be construed as supplemental and in addition to existing statutory authority and as providing an independent method of financing the cost of acquiring land and developing the same for public park, parkway, preserve, playground, or other recreation or conservation purposes, and for the issuance and sale of bonds in connection therewith, and shall not be construed as subject to any other law. The fact that a county may have bonds previously issued and outstanding under authority of this chapter shall not prevent such county from issuing additional bonds hereunder.
History (5)
- Acts 1961, ch. 213, § 6
- impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
- T.C.A., § 11-1106
- Acts 1980, ch. 601, § 8
- 2003, ch. 90, § 2.
§ 11-21-107. Cooperation with federal, state, and local agencies. - Any county conservation board may cooperate with the federal government or the state government or any department or agency thereof, including the Tennessee Valley authority and the United States army corps of engineers, to carry out the purposes and provisions of this chapter. Any county conservation board may join with any other county board or county boards to carry out this chapter, and to that end may enter into agreements with each other and may do any and all things necessary or convenient to aid and to cooperate in carrying out this chapter. Any city, town, or school district may aid and cooperate with any county conservation board or any combination thereof in equipping, operating and maintaining any parks, preserves, parkways, playgrounds, recreation centers, and conservation areas, and for providing, conducting and supervising programs of activities, and may appropriate money for such purposes. The department of environment and conservation, county agricultural agent, and other county officials shall render such assistance as shall not interfere with their regular employment. The county legislative body is authorized to make available to the use of the county conservation board, county-owned equipment and operators and any county-owned materials it deems advisable.
History (4)
- Acts 1961, ch. 213, § 7
- impl. am. Acts 1963, ch. 169, § 3
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A., § 11-1107.
§ 11-21-108. Use of school buildings, grounds or equipment. - (a) Any county board of education or the governing body of any special school district may grant the use of any buildings, grounds, or equipment of the district to any county conservation board for the purpose of carrying out this chapter whenever such use of the school buildings, grounds or equipment for such purposes will not interfere with the use of the buildings, grounds, and equipment for any purpose of the public school system.
- (b) The departments of environment and conservation and education shall assist county conservation boards with a positive program of technical advice so as to assure that school officials and county conservation boards cooperate in making school facilities available for recreational purposes. In providing this service, such departments shall work cooperatively with the Tennessee School Boards Association and the Tennessee Parks and Recreation Association. All state and local officials working in furtherance of this subsection (b) shall take due notice of the model Tennessee agreement between school boards and parks and recreation agencies as jointly published by the Tennessee School Boards Association and the Tennessee Parks and Recreation Association and as this document may be, from time to time, amended. A current copy of this document with amendments shall be kept on file in the office of the parks and recreation technical advisory service.
History (3)
- Acts 1961, ch. 213, § 8
- T.C.A., § 11-1108
- Acts 1989, ch. 23, § 2.
§ 11-21-110. Dissolution of boards. - (a) A county conservation board created by petition and election as provided for in § 11-21-102 may only be dissolved after an election on the issue of dissolution. In the case that there has been an election on the issue of dissolution and a majority of the voters vote for dissolution, the board shall not be dissolved unless a resolution for dissolution be passed by the county legislative body.
- (b) A county conservation board created solely by action of the county legislative body may be dissolved by similar action. Notice of an action to dissolve such board must be given to the chair of such board at least thirty (30) days preceding a vote by the legislative body on the issue. Public notice of such pending action must also be given by notification published in the newspaper of circulation in the county on at least two (2) occasions within the thirty-day period preceding the vote by the legislative body.
- (c) Notwithstanding subsections (a) and (b), a board may be dissolved by action of the commissioner of environment and conservation after adequate hearing held after sixty (60) days written notice given to the county mayor and members of the board and upon any of the following findings:
- (1) The board has not met within a period of six (6) months;
- (2) A majority of the positions of the board members are unfilled or unappointed or a majority of persons on the board are sitting due to the failure of the county legislative body to appoint a successor;
- (3) The board has failed to file its annual report with the commissioner for two (2) successive years; or
- (4) Other similar findings which would indicate that the board is no longer bona fide or active.
History (2)
- Acts 1984, ch. 813, § 2
- 2003, ch. 90, § 2.
§ 11-21-111. Board to provide assistance to small cities and towns. - The county conservation board shall be considered the parks and recreation providing agency for certain small cities and towns excluded from the general application of chapter 24 of this title. Such boards shall work cooperatively with these cities and towns. A small city or town desiring parks and recreation services shall enter into an agreement pursuant to § 11-24-105 with the board. The board shall develop and maintain parks and recreation facilities and programs within the jurisdiction of such small city or town according to this agreement.
§ 11-21-112. Joint municipal or county systems. - To effect § 11-21-107 and this chapter, county conservation boards desiring to cooperate with the conservation board of another county or with the parks and recreation board of a municipality, created pursuant to § 11-24-104(a), or with a municipality operating a parks and recreation system created under § 11-24-103, shall enter into an agreement pursuant to title 12, chapter 9, the Interlocal Cooperation Act, with the cooperating party.
Chapter 22 County Fishing Lakes and Recreation Grounds § 11-22-101. Lakes — Counties may acquire suitable areas. - The legislative body of any county is authorized to acquire, by gift or purchase, any natural lakes or lands suitable for the construction of lakes, and to hold fee simple title in the name of the county.
History (5)
- Acts 1937, ch. 219, §§ 1, 2
- mod. C. Supp. 1950, § 5201.8 (Williams, §§ 5201.9, 5201.10)
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 11-801
- Acts 2006, ch. 863, § 10.
Chapter 23 Acquisition of Lands by Political Subdivisions for Forestry Purposes § 11-23-102. Appropriation or bond issue — Public notice. - The governing body of the county, municipality or other political subdivision of the state may appropriate money or issue bonds pursuant to title 9, chapter 21, for the purchase of lands for the purposes herein provided, to establish forest plantations or for the care and management of forests. Such governing body may undertake such work at regular or special meetings by a majority vote of such body after two (2) weeks' public notice setting forth the fact that such plan is contemplated and that moneys are to be appropriated for such purpose.
History (4)
- Acts 1941, ch. 105, § 2
- C. Supp. 1950, § 630.29 (Williams, § 630.25b)
- T.C.A. (orig. ed.), § 11-702
- Acts 1988, ch. 750, § 46.
§ 11-23-103. Rules and provisions for administration and maintenance. - Upon the acquisition of any forests or of lands suitable for such under this chapter, the governing body shall notify the state forester who shall make such rules for the government and proper administration of the same as may be necessary. The governing body shall thereupon publish such rules, declare the uses of the forest in accord with the true intent hereof and make such provisions for its administration, maintenance, protection and development as shall be necessary or expedient.
History (3)
- Acts 1941, ch. 105, § 3
- C. Supp. 1950, § 630.30 (Williams, § 630.25c)
- T.C.A. (orig. ed.), § 11-703.
§ 11-23-104. Operation and maintenance for benefit of inhabitants. - Such governing body has the full power and authority to acquire, maintain, manage and operate such forest for the benefit of the inhabitants of the county, municipality or other political subdivision under such technical supervision as the state forester may prescribe and in accordance with § 11-23-103.
History (3)
- Acts 1941, ch. 105, § 4
- C. Supp. 1950, § 630.31 (Williams, § 630.25d)
- T.C.A. (orig. ed.), § 11-704.
§ 11-23-105. Net income paid into general fund. - The net income from such lands shall be paid into the general fund of such county, municipality or political subdivision and shall be used only upon order of its governing body.
History (3)
- Acts 1941, ch. 105, § 5
- C. Supp. 1950, § 630.32 (Williams, § 630.25e)
- T.C.A. (orig. ed.), § 11-705.
Chapter 24 Municipal Recreational Systems Part 1 General Provisions § 11-24-101. “Municipality” construed to include counties. - For the purposes of this part, “municipality” shall be construed to mean any city, town, township, school district, or other political subdivision including counties of the state of Tennessee.
History (3)
- Acts 1937, ch. 307, § 1
- mod. C. Supp. 1950, § 3516.1
- T.C.A. (orig. ed.), § 11-901.
§ 11-24-102. Dedication and acquisition of property for recreational purposes. - The governing body of any city or town, or county, or any school district, may dedicate and set apart for use as playgrounds, recreation centers, and other recreational purposes, any lands or buildings, or both, owned or leased by such municipality and not dedicated or devoted to another and inconsistent public use, and such municipality may, in such manner as may now or hereafter be authorized or provided by law for the acquisition of lands or buildings for public purposes, acquire or lease lands or buildings, or both, for such recreational purposes, or if there is no law authorizing such acquisition or leasing of such lands or buildings, the governing body of any such municipality is hereby empowered to acquire lands or buildings, or both, for such purposes by gift, purchase, condemnation or lease.
History (3)
- Acts 1937, ch. 307, § 2
- C. Supp. 1950, § 3516.2
- T.C.A. (orig. ed.), § 11-902.
§ 11-24-103. Operation and maintenance of parks, and recreational facilities and programs. - (a) A municipality has the power to operate and maintain parks and recreation facilities and to conduct recreation programs. This power includes the power to appropriate funds for these purposes.
- (b) A municipality shall use one (1) and only one (1) of the following methods to operate and maintain parks and recreation facilities and to conduct recreation programs:
- (1) The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be retained by the governing body of a municipality and in that case there may be a recreation advisory board or boards. If an advisory board or boards are created, they shall be so named and shall be created by ordinance. The affairs of advisory boards shall be conducted in a manner determined by the governing body of the municipality. Advisory boards shall not be responsible for the supervision of staff, the hiring or dismissal of staff, the expenditure of public funds or the promulgation or enforcement of rules and regulations governing parks and recreation facilities or programs. However, advisory boards may advise the governing body of the municipality on any of these matters and act on behalf of the governing body, on a case by case basis, if so authorized by the governing body;
- (2) The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be delegated by the governing body of a municipality to a parks and recreation board as permitted by § 11-24-104(a); and
- (3) The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be delegated by the governing body of a municipality to a joint board or authority as permitted by § 11-24-105.
- (c) A municipality may employ a parks and recreation director and any other supervisory or maintenance staff as it deems proper. The director shall be qualified by education and experience and be of good moral character.
- (d) Nothing in this section shall be interpreted as abolishing or limiting the powers or authority of local parks and recreation boards or special boards of trustees with responsibility for park properties pursuant to existing state law.
- (e) Notwithstanding chapter 21 of this title, or any other law to the contrary, if by resolution or ordinance a county legislative body selects one of the methods enumerated in subsection (b) to manage county parks and recreation facilities and programs, then chapter 21 shall not apply within the county until such resolution or ordinance is superseded or repealed.
History (5)
- Acts 1937, ch. 307, § 3
- C. Supp. 1950, § 3516.3
- T.C.A. (orig. ed.), § 11-903
- Acts 1985, ch. 133, § 1
- 2000, ch. 857, § 1.
§ 11-24-104. Creation of board — Delegation of authority — Members — Term — Vacancies. - (a) If the governing body of any municipality determines that the power to provide, establish, conduct and maintain a supervised recreation system and facilities as aforementioned, and to acquire by gift, purchase, condemnation or lease, lands and buildings for such purposes, shall be exercised by a recreation board or commission or the school board, or park board, such governing body shall, by resolution or ordinance, vest such powers in such body, and the body to which such powers and duties shall be thus delegated shall have the same powers which the governing body would have had to effectually carry out the purpose of this part; provided, that if there is not a recreation board or commission in existence and it is the desire of the governing body to vest the powers, duties and responsibilities in a recreation board or commission, then the governing body shall have the power to create such board or commission which shall consist of five (5) persons, at least two (2) of whom may be members of the school staff, to be appointed by the presiding officer of such governing body, to serve for terms of five (5) years or until their successors are appointed, except that the members of such board or commission first appointed shall be appointed for such terms that the term of one (1) member shall expire annually thereafter. The members of such board or commission shall serve without pay. Vacancies in such board or commission occurring otherwise than by expiration of term shall be filled only for the unexpired term, and such appointment shall be filled by the presiding officer of the governing body.
- (b) Any county having a population of not less than fifty-seven thousand four hundred (57,400) nor more than fifty-seven thousand five hundred (57,500), according to the 2010 federal census or any subsequent federal census, shall have the authority to create a recreation board or commission in accordance with this part, which shall be composed of nine (9) members. Eight (8) of the members shall be members of the community, with each civil district of the county being represented. The ninth member shall be a county commissioner appointed by the chairman of the commission and confirmed by the county commission as a whole. All members of the board shall be voting members. Board members shall serve terms of four (4) years; provided, however, that the initial terms shall expire at staggered intervals so that two (2) members' terms expire each year during the first four (4) years, with the terms of the longest serving parks and recreation board members expiring first. Vacancies on the board shall be filled by the county commission in consultation with the nominating authority appointed by the commission. Board members shall be compensated at a rate of fifty dollars ($50.00) per meeting, with a maximum of twelve (12) paid meetings occurring each year.
History (5)
- Acts 1937, ch. 307, § 4
- C. Supp. 1950, § 3516.4
- T.C.A. (orig. ed.), § 11-904
- Acts 2014, ch. 658, § 1
- 2020, ch. 723, § 1.
§ 11-24-105. Joint systems. - Any two (2) or more municipalities may jointly provide, establish, maintain and conduct a supervised recreation system and acquire property for and establish and maintain playgrounds, recreation centers, and other recreational facilities and activities.
History (3)
- Acts 1937, ch. 307, § 5
- C. Supp. 1950, § 3516.5
- T.C.A. (orig. ed.), § 11-905.
§ 11-24-106. Gifts of property for recreational purposes — Expenditure of funds. - A recreation board or commission or other authority in which this part vests the power to provide, establish, maintain and conduct such supervised recreation system may accept any grant or devise of real estate or any gift or bequest of money or other personal property or any donation to be applied, principal or income, for either temporary or permanent use for playgrounds or recreation purposes, but if the acceptance thereof for such purpose will subject the municipality to additional expense for improvement, maintenance or renewal, the acceptance of any grant or devise of real estate shall be subject to the approval of the governing body of such municipality. Money received for such purpose, unless otherwise provided by the terms of the gift or bequest, shall be deposited with the treasurer of the municipality to the account of the recreation board or other body having charge of such work, and the same may be withdrawn and paid out in the same manner as money appropriated for recreational purposes.
History (3)
- Acts 1937, ch. 307, § 6
- C. Supp. 1950, § 3516.6
- T.C.A. (orig. ed.), § 11-906.
§ 11-24-107. Bonds — Issuance authorized for recreational purposes. - The governing body of any municipality may, pursuant to law, provide that the bonds of such municipality may be issued in the manner provided by law for the issuance of bonds for other purposes, for the purpose of acquiring lands or buildings for playgrounds, recreation centers and other recreational purposes, and for the equipment for such items.
History (3)
- Acts 1937, ch. 307, § 7
- C. Supp. 1950, § 3516.7
- T.C.A. (orig. ed.), § 11-907.
§ 11-24-108. Maintenance and conduct — Funding and taxation. - (a) It is the duty of the governing body of a municipality or county to provide for maintenance and conduct of any recreation system created under this part.
- (b) The funds for such maintenance and conduct may be provided from any of the following sources:
- (1) By taxes levied upon real and personal property of the municipality or county;
- (2) From the general revenue of the municipality or county from whatever source;
- (3) From reasonable fees and charges for program services and for use of facilities; and
- (4) From any otherwise lawful funding source considered by the governing body to be appropriate for these purposes.
History (4)
- Acts 1937, ch. 307, § 8
- C. Supp. 1950, § 3516.8
- T.C.A. (orig. ed.), § 11-908
- Acts 1992, ch. 696, § 1.
§ 11-24-109. Special playground and recreation tax. - The governing body of any municipality or county adopting this part may levy and collect a tax, the rate of which to be set by the governing body and the proceeds to be designated as a special playground and recreation tax, and shall be levied and collected in like manner as a general tax of the municipality, but the same shall be in addition to and exclusive of all other taxes such municipality may levy or collect, nor shall such tax be sealed down under any existing law.
History (4)
- Acts 1937, ch. 307, § 9
- C. Supp. 1950, § 3516.9
- T.C.A. (orig. ed.), § 11-909
- Acts 1992, ch. 696, § 2.
§ 11-24-110. Use of school district buildings, grounds or equipment by municipal recreation system. - (a) Any county board of education or the governing body of any special school district may grant the use of any buildings, grounds, or equipment of the district to any municipal recreation system for the purpose of carrying out this part whenever such use of the school buildings, grounds or equipment for such purposes will not interfere with the use of the buildings, grounds and equipment for any purposes of the public school system.
- (b) The departments of environment and conservation and education shall assist municipal recreation systems with a positive program of technical advice so as to assure that school officials and municipal recreation systems cooperate in making school facilities available for recreational purposes. In providing this service, such departments shall work cooperatively with the Tennessee School Boards Association and the Tennessee Recreation and Parks Association. All state and local officials working in furtherance of this section shall take due notice of the model Tennessee agreement between school boards and parks and recreation agencies as jointly published by the Tennessee School Boards Association and the Tennessee Parks and Recreation Association and as this document may from time to time, be amended. A current copy of this document with amendments shall be kept on file in the office of the parks and recreation technical advisory service.
History (4)
- Acts 1937, ch. 307, § 10
- C. Supp. 1950, § 3516.10
- T.C.A. (orig. ed.), § 11-910
- Acts 1989, ch. 23, § 1.
§ 11-24-111. Proceeds from amusement facilities — Restoration of historic structures. - (a) Any municipality, county or metropolitan government which rents, leases, or otherwise makes available to any private entity or person, space within a public park for the operation of a sports or amusement facility operated for profit, shall be entitled to devote a portion of the proceeds it receives from the operation of such facility for the repair and restoration of any historic structure, including fortifications from the Civil War period, which is located in the same park.
- (b) This section shall not apply to counties having a population of not less than three hundred fifteen thousand (315,000) nor more than three hundred fifty thousand (350,000) according to the federal census of 1980 or any subsequent census.
§ 11-24-112. Rules and regulations. - (a) Parks and recreation boards created under § 11-24-104(a) or joint systems created under § 11-24-105 are empowered to make, alter, amend or repeal rules and regulations for the protection, regulation and control of parks, preserves, parkways, playgrounds, recreation centers, and other property under their control. No rules and regulations adopted shall be contrary to, or inconsistent with, the laws of the state of Tennessee or the ordinances of the municipality within which a facility is located. Such rules and regulations shall be enforced by local law enforcement officials.
- (b) Rules and regulations shall not take effect until ten (10) days after their adoption by the board, after their publication once a week for two (2) weeks in at least one (1) paper circulating in the county and after a copy thereof has been posted near each gate or principal entrance to the public ground to which they apply. All rules, after being so adopted and after notice is given, shall be subject to enforcement by a fine of not more than fifty dollars ($50.00) for each violation to be levied against any person found guilty of violating such rules and regulations.
- (c) Copies of rules and regulations subject to such enforcement must be available for public inspection or review at the principal office of the parks and recreation board or joint system. Any county adopting this section is authorized to make such additional rules and regulations for the reasonable implementation of this section, and these rules and regulations shall be enforceable by the sheriff of the county.
- (d) This section shall not apply to counties having a metropolitan form of government.
History (1)
- Acts 1984, ch. 902, §§ 1, 2.
Part 2 Volunteer Services § 11-24-201. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Commissioner” means the commissioner of environment and conservation; and
- (2) “Municipality” means any city, town, metropolitan government, or other political subdivision, including counties, of the state of Tennessee.
§ 11-24-202. Programs established by formal agreements. - The governing body of any municipality or the recreation board or commission, as appropriate, may enter into formal agreements with business and civic groups and individuals for volunteer services to maintain and make improvements to real and personal property in municipal parks in accordance with plans devised by the municipality or its recreation board after consultation with the volunteers.
Chapter 25 Doe Mountain Recreation Authority Act of 2012 § 11-25-101. Short title. - This chapter shall be known and may be cited as the “Doe Mountain Recreation Authority Act of 2012.”
History (1)
- Acts 2012, ch. 1106, § 1.
§ 11-25-102. Legislative findings — Purpose — Liberal construction. - (a) It is hereby found and determined that:
- (1) There is an immediate need to conserve Doe Mountain, an iconic eight thousand six hundred (8,600) acre forested mountain presently under threat from economic distress;
- (2) It is through conservation of these same Appalachian Mountains, in particular, Doe Mountain, that will give rise to an unparalleled location for family-oriented, multi-use outdoor recreation, job creation, and economic growth;
- (3) The conservation of Doe Mountain and the proper development of multi-use recreational opportunities on the mountain requires partnerships between state and local government, the private sector, conservationists, and an engaged local community to preserve the mountain's unique nature and realize its economic potential;
- (4) In many instances, effective cooperation between these parties has been hampered by inadequate statutory authority and management expertise. An authority vested with the full range of necessary statutory powers is, therefore, needed to ensure the success of Doe Mountain's conservation and to realize its full economic potential for the citizens of this state; and
- (5) Realizing that the economic development potential of newly acquired conservation lands calls for a new mechanism to manage these lands for multi-use outdoor recreation opportunities and to make the public aware of these opportunities, the general assembly, therefore, intends to vest an authority with the powers set forth herein to prepare comprehensive, long-range, site-specific master plans and to ensure compliance with such plans; to conserve the land, waters, and wildlife of Doe Mountain in a manner protective of the resource, including, where applicable, transfer of lands management for natural areas and/or wildlife management areas; and to foster economic development for the people by the development and operation of multi-use, family-oriented outdoor recreation opportunities.
- (b) It is the purpose of this chapter to address these findings by providing for the establishment of the Doe Mountain Recreation Authority to protect and conserve the natural resources of Doe Mountain through planning, promoting, financing, constructing, managing, and developing multi-use recreational opportunities for public participation and enjoyment that will create jobs and facilitate economic development.
- (c) This chapter shall be liberally construed in conformity with its purpose.
History (1)
- Acts 2012, ch. 1106, § 1.
§ 11-25-104. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Adventure tourism activities” means outdoor recreational opportunities such as equine and motorized trail riding, rappelling, road biking, rock climbing, hang gliding, spelunking, shooting sports, mountain biking, canoeing, paragliding, zip lining and other such activities;
- (2) “Authority” means the Doe Mountain recreation authority;
- (3) “Board” means the board of directors of the authority;
- (4) “Bonds” or “revenue bonds” means bonds, notes, interim certificates or other obligations of an authority issued pursuant to this chapter, or pursuant to any other law, as supplemented by, or in conjunction with, this chapter;
- (5) “County” means the county in this state in which Doe Mountain is located;
- (6) “Governing body” means the legislative body of a county as defined in this chapter;
- (7) “Municipality” means any county, or any incorporated city or town in this state with respect to which the authority may be organized;
- (8) “Person” means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character;
- (9) “Project” means any outdoor recreational facility, or any other structure, improvement, or facility constructed, leased, equipped, renovated or acquired for any of the purposes set forth in this chapter, and also includes, but is not limited to, trails, roads, streets, bridges, towers, erosion control facilities, paths, signs, shelters, cabins, and utility services, such as water, sanitary sewer, electricity, gas and natural gas, and telecommunications that are constructed, leased, equipped, renovated or acquired as a supporting system or facility for any of the purposes set forth in this chapter; provided, that such supporting system or facility is dedicated for public use;
- (10) “Revenues” means all revenues derived from and on account of a project, directly or indirectly, including license or admission fees, payments under a lease or sale contract and repayments under any loan agreement, or under notes, debentures, bonds and other secured or unsecured debt obligations of a lessee or contracting party delivered as provided in this chapter, and any revenues pledged by a municipality;
- (11) “Outdoor recreational facilities” means and includes projects, facilities, improvements, and structures erected for any and all types of recreational pursuits, including, but not limited to, adventure tourism activities, camping, hiking, hunting, fishing, wildlife viewing, or any other outdoor recreational activity that adds to the recreational enrichment and economic development of the community; and
- (12) “State” means the state of Tennessee and, unless otherwise indicated by the context, any agency, authority, branch, bureau, commission, corporation, department or instrumentality of the state, now or hereafter existing.
History (1)
- Acts 2012, ch. 1106, § 1.
§ 11-25-105. Filing of charter. - The authority shall file its charter with the secretary of state pursuant to title 48, chapter 51. The charter shall be placed on record in the office of the register of deeds of Johnson County. Upon such recordation of its charter, the authority shall be authorized to function in accordance with its charter and of this chapter.
History (1)
- Acts 2012, ch. 1106, § 1.
§ 11-25-106. Board of directors. - (a) The authority shall be governed by a board of directors consisting of fifteen (15) members:
- (1) The mayor of the county, or the mayor's designee;
- (2) The mayor of the largest municipality within the county, or the mayor's designee;
- (3) The director of the wildlife resources agency, or the director's designee;
- (4) The commissioner of the department of economic and community development, or the commissioner's designee;
- (5) The commissioner of environment and conservation, or the commissioner's designee;
- (6) The commissioner of tourism development, or the commissioner's designee;
- (7) One (1) member, appointed by the county mayor from a list of three (3) submitted by the board of directors of the county's chamber of commerce, who shall serve for a term of two (2) years;
- (8) One (1) member, appointed by the county mayor, who shall be a resident of the county, and active in a locally organized conservation or outdoor recreation organization, who shall serve for a term of two (2) years;
- (9) One (1) member, appointed by the governor, who shall have a background in conservation, who shall serve for a term of three (3) years;
- (10) One (1) member, appointed by the governor, who shall have experience in outdoor recreation planning, marketing, or operations, who shall serve for a term of three (3) years;
- (11) One (1) member, elected by majority vote of the governing body of the county, who shall serve for a term of two (2) years;
- (12) One (1) member, appointed by the speaker of the senate in consultation with the member of the senate representing the majority of the county's population, who shall serve for a term of two (2) years;
- (13) One (1) member, appointed by the speaker of the house of representatives in consultation with the member of the house of representatives representing the majority of the county's population, who shall serve for a term of two (2) years;
- (14) One (1) member, appointed by the governor from a list of three (3) names submitted by The Nature Conservancy, who shall serve for a term of three (3) years; and
- (15) One (1) member of the public at large, appointed by the governor, who shall be a resident of the county or an adjoining county and not otherwise affiliated with any of the groups identified above, who shall serve for a term of three (3) years.
- (b) Any board designee or nominee shall be appointed or designated by the filing of a writing, executed by or on behalf of the designator identified in subsection (a), with the secretary-treasurer of the authority and with the secretary of state.
- (c) Upon completion of its membership, the appointees shall meet and organize, elect a chair, vice chair, and secretary-treasurer, who shall each serve for a term of two (2) years, and set a regular time and place for meetings of the board. The board shall meet no less often than monthly during its first twelve (12) months of operation, and no less often than once every three (3) months thereafter. In the event of a vacancy in the chair, vice chair or secretary-treasurer position, the board shall fill the vacancy by a vote of the majority of the members appointed at the next regularly called meeting of the board.
- (d) Members of the board shall serve without compensation, except reimbursement for actual traveling expenses and other necessary expenses incurred in the performance of their official duties, such expenses to be reimbursed from such funds as may be available to the authority. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
- (e) Each of such officers may be removed at any time by the affirmative vote of a majority of the board of the authority for any of the following reasons:
- (1) Three (3) consecutive unexcused absences from meetings of the board;
- (2) Refusal to carry out any obligation imposed upon the board member by this chapter, by any other law, or at the direction of the board;
- (3) Knowing or willful neglect of the board member's duties; or
- (4) Conviction of any felony, or any offense related to a breach of public trust.
- (f) In the event of a vacancy on the board created by the death, resignation, or removal of a member, the appointing authority that selected the previous member pursuant to this section, shall fill the vacancy by appointment of an interim board member within thirty (30) days of the creation of the vacancy. If the appointing authority does not fill the vacancy within thirty (30) days, the county governing body, upon petition of the board, may by majority vote elect a person to fill the unexpired term until such time as the appointing authority has acted. The election of any such interim board member by the governing body shall not deprive the appointing authority of its powers to make an appointment of a board member upon the completion of the interim board member's term.
History (1)
- Acts 2012, ch. 1106, § 1.
§ 11-25-107. Powers of the authority — No permit for solid waste management facility shall be issued. - (a) The authority has the following powers necessary for carrying out the purposes set forth in this chapter to:
- (1) Adopt a seal;
- (2) Sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;
- (3) Purchase, hold, sell and convey land and personal property, and execute such contracts as may be deemed necessary or convenient by the board to enable it to properly carry out the purposes for which it is organized;
- (4) Conserve the natural resources of real property owned and managed by the authority, including the land, timber, and waters, and the department of conservation and environment for transfers of lands for wildlife management areas and/or natural areas;
- (5) Contract for the construction of projects, and other proposed works and improvements;
- (6) Contract for professional services and other assistance, including, but not limited to, legal, architectural, engineering, financial, accounting, and human resources professionals, as its board in its sole discretion deems necessary, the cost of such services comprising an obligation of the authority and paid in the same manner as any other expenses of the authority;
- (7) Construct any drainage works or improvements; to construct any works or improvements for the control, retention, diversion, or utilization of water; retard runoff of water and soil erosion; construct facilities, projects, park areas, and other recreational facilities, and repair, improve and maintain any of such improvements or structures;
- (8) Acquire personal property by gift or purchase;
- (9) Acquire or sell authority-owned land, or any interest in land, including leasehold interests, by gift, bequest, sale, or purchase. Any sale or disposal of land must have the approval of the state building commission;
- (10) Borrow money from time to time and, in evidence of any obligation incurred, issue and, pursuant to § 11-25-115, sell its revenue bonds in accordance with this chapter and the applicable provisions of title 9, chapter 21, in such form and upon such terms as its board of directors may determine, payable out of any revenues of the authority, including grants or contributions or other revenues specifically provided to the authority, for the purpose of financing the cost of any project and refund and refinance, from time to time, bonds so issued and sold, as often as may be deemed to be advantageous by the board of directors;
- (11) Cooperate and contract with persons, firms, associations, partnerships and private corporations, and with watershed districts, drainage districts, counties, conservation districts, levee districts, counties, cities, quasi-municipalities, utility districts, and other similar corporations or agencies of the state of Tennessee, and with any such districts or agencies organized for similar purposes in any adjoining state, and with other local, state and federal agencies, including, but not limited to, the department of agriculture, department of environment and conservation, wildlife resources agency, Tennessee Valley authority, or any other federal agency, and to enter into cooperative contracts and agreements with any such districts, corporations or agencies;
- (12) Select a residence or home office for the authority, which shall be at a place designated by the board;
- (13) Receive contributions or grants from counties, cities and towns, any state or federal agency, or from any other source;
- (14) Acquire water rights and distribute or sell water for irrigation or for other purposes, either within or without the boundaries of the authority;
- (15) Provide recreational facilities;
- (16) Lease authority-owned lands for timbering, or other purposes consistent with the purposes set forth in § 11-25-102(b);
- (17) Contract for all materials, supplies, equipment, personnel, and services necessary for the proper administration of the authority;
- (18) Publish and maintain a website for any purpose set forth in this chapter;
- (19) Expend funds for any purpose set forth in this chapter;
- (20) Take such steps as deemed necessary by its board of directors for the promotion and protection of the environment within the boundaries of the authority, and enter into agreements with private nonprofit corporations, the department of environment and conservation, the division of forestry, the wildlife resources agency, or any other federal, state or local agency for that purpose;
- (21) Take such steps as deemed necessary for fire prevention, and for this purpose to enter into cooperative agreements with the division of forestry, or any other federal, state or local agency and volunteer fire departments;
- (22) Contract for the operation of concessions on or in any of the properties owned, managed, or leased by the authority;
- (23) Advertise within and without the state any of the recreational facilities, opportunities, or events, of the authority;
- (24) Enter into agreements for payments in lieu of any tax assessment by any city or county;
- (25) Make all needful rules, regulations and bylaws for the management and conduct of the affairs of the authority and of the board; and
- (26) Establish, charge and collect user fees, which will be used solely to support the operation and maintenance of the authority.
- (b) None of the powers enumerated in subsection (a) shall be exhausted by use but shall be continuous and perpetual throughout the life of the authority.
- (c) No permit for any solid waste management facility shall be issued by the commissioner of environment and conservation for any site located on property owned or managed by the authority.
History (1)
- Acts 2012, ch. 1106, § 1.
§ 11-25-108. Additional powers and duties — Authority defined as an adventure tourism business. - (a) In addition to other powers and duties specified in this chapter, the authority shall:
- (1) Establish bylaws and make all rules and regulations not inconsistent with this chapter, deemed expedient for the management of the affairs of the authority;
- (2) Set the amount of all fees required by this chapter;
- (3) Receive, administer and account for all moneys derived under this chapter, which shall be used to defray expenses incurred in the administration of this chapter;
- (4) Keep a public record of its proceedings;
- (5) Seek relief at law or equity to restrain or enjoin any act or practice in violation of this chapter or of any rule promulgated to effectuate the purposes of this chapter, or to obtain compensation for the breach of any duty owed the authority, provided that jurisdiction and venue are conferred upon the chancery court of the county to hear and determine such a suit, and that no bond shall be required for the prosecution of the suit or for the issuance of an injunction; and
- (6) Have other powers and duties that are necessary to effectuate this chapter.
- (b) For purposes of § 11-11-205 only, the authority shall be defined as an adventure tourism business.
History (1)
- Acts 2012, ch. 1106, § 1.
§ 11-25-109. Meetings — Records — Business plans — Governmental immunity. - (a) All meetings of the authority’s board, including the organization’s meeting provided for in § 11-25-106(c), shall be open to the public, pursuant to § 8-44-102. Notice and an agenda for such meetings shall be mailed to each board member and published on the authority’s website at least five (5) days prior to the date of the meeting. Special meetings may be held at any time upon waiver of notice of a meeting by all board members, or may be called by the chair or any two (2) board members at any time, upon three (3) days' notice to all board members and published on the authority’s website.
- (b) A majority of the board members constitutes a quorum for the transaction of business. A majority vote of the board members in attendance at any meeting of the board is sufficient to authorize any act taken pursuant to the powers set forth in this chapter.
- (c) The board may conduct special or regular meetings by conference call or video conference, provided the electronic nature of the meeting is included in the meeting notice, and opportunity for public participation is provided.
- (d) All official records of the authority shall be prima facie evidence of all matters required to be kept in the records.
- (e) Except as otherwise provided by this section, business plans, specifically including, but not limited to, financial statements, pricing, and market strategies, submitted by individuals or entities who have contracted with, or seeking to contract with, the authority to provide services pursuant to the powers set forth in this chapter, shall be treated as confidential and may not be disclosed except by order of a court of competent jurisdiction or by permission of the individual or entity.
- (f)
- (1) Members of the authority are officers of the state in carrying out the duties imposed by this chapter, and as such have the full measure of governmental immunity provided by law.
- (2)
- (A) For the purposes of this subsection (f), “members” means directors, officers, employees of the authority, and persons designated by the authority as participants in volunteer programs authorized by the authority.
- (B) Such volunteers shall not be eligible for workers' compensation or other benefits from the state, nor shall such staff be members of the Tennessee consolidated retirement system.
History (2)
- Acts 2012, ch. 1106, § 1
- 2014, ch. 830, § 2.
§ 11-25-110. Initial meeting. - At the initial meeting of the board, the board and The Nature Conservancy shall undertake to develop and publish a written management plan for the authority, which shall be publicly available. The board has the power to employ engineers, surveyors, conservation experts, outdoor recreation experts, management experts, and other professionals necessary for such study, and to have prepared surveys, maps, profiles, plans and descriptions, and such other data as may be necessary. The plan shall consider whether, and to what extent, lands of the authority should be owned and managed as natural areas and/or wildlife management areas by the department of environment and conservation and the wildlife management authority, respectively. The authority may, in consultation with The Nature Conservancy, thereafter biennially review, revise, and republish its management plan.
History (1)
- Acts 2012, ch. 1106, § 1.
§ 11-25-111. Contribution of funding, facilities, and equipment — Financing. - (a) The governing body of the county, or the governing body of any city or town, adjacent to or in the proximity of any real property owned by the authority, has the right to contribute, out of the general fund or any special fund of such county or city, such amount as such legislative body sees fit, to be used in the preliminary expenses of the authority, or in the maintenance of the authority, or for capital improvements or projects of the authority.
- (b) For the purpose of aiding and cooperating with the authority, the governing body may assign or loan any of its employees, and may provide necessary office space, equipment, and other facilities, for the use of the authority, as the governing body may approve.
- (c) In addition to the methods of financing authorized in this chapter, administrative costs of the authority as well as the cost of any general plan, improvement, project, program, or work benefiting the authority or in support of the purposes for which the authority is organized, generally may be financed by any fee, special assessment, or general fund tax revenue appropriated by a public or private act of the general assembly.
History (1)
- Acts 2012, ch. 1106, § 1.
§ 11-25-113. Annual audit and reports. - (a) The board shall cause an annual audit to be made of the books and records of the authority. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are made in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury.
- (b) These audits shall be made by certified public accountants. In the event the board shall fail or refuse to have the audit made, then the comptroller of the treasury may appoint a certified public accountant, or direct the department of audit to make the audit, the cost of such audit to be paid by the authority.
- (c) The authority shall prepare an annual report of its business affairs and transactions, a copy of which shall be available for public inspection, and filed by January 31 of each year with the comptroller of the treasury, the office of governor, and the speakers of the house of representatives and the senate.
History (1)
- Acts 2012, ch. 1106, § 1.
§ 11-25-114. Public instrumentality — Public nonprofit corporation. - (a) The authority is hereby declared to be performing a public function and to be a public instrumentality. The acquisition, operating and financing of any project by the authority is declared to be for a public and governmental purpose and a matter of public necessity. Accordingly, the authority and all properties at any time owned by it and the income from the properties and all bonds issued by the authority and the income from the bonds shall be exempt from all state, county and municipal taxation. For purposes of the Tennessee Securities Act of 1980, compiled in title 48, chapter 1, part 1, bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of the state.
- (b) The authority shall be a public nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any person.
History (1)
- Acts 2012, ch. 1106, § 1.
§ 11-25-115. Bonds. - (a) The authority shall have power and is authorized to issue its bonds in accordance with this chapter and in accordance with the Local Government Public Obligations Law, compiled in title 9, chapter 21, and for such purposes the bonds shall be treated as revenue obligations of the authority under this chapter, in order to finance:
- (1) The costs of any project;
- (2) The payment of the costs of issuance of such bonds, including underwriter's discount, financial advisory fee, preparation of the definitive bonds, preparation of all public offering and marketing materials, advertising, credit enhancement, and legal, accounting, fiscal and other similar expenses;
- (3) Reimbursement of the authority for moneys previously spent by the authority for any of the foregoing purposes; and
- (4) The establishment of reasonable reserves for the payment of debt service on such bonds, for repair and replacement of any project, or for such other purposes as the board shall deem necessary and proper in connection with the issuance of any bonds and operation of any project for the benefit of which the financing is being undertaken.
- (b)
- (1) The authority shall have the power and is hereby authorized to issue its bonds to refund and refinance outstanding bonds of the authority heretofore or hereafter issued or lawfully assumed by the authority; provided, that in accordance with title 9, chapter 21, the authority shall request a report on any proposed refunding from the office of the comptroller. The proceeds of the sale of the bonds may be applied to:
- (A) The payment of the principal amount of the bonds being refunded and refinanced;
- (B) The payment of the redemption or tender premium thereon, if any;
- (C) The payment of unpaid interest on the bonds being refunded, including interest in arrears, for the payment of which sufficient funds are not available, to the date of delivery or exchange of the refunding bonds;
- (D) The payment of fees or other charges incident to the termination of any interest rate hedging agreements, liquidity or credit facilities, or other agreements related to the bonds being refunded and refinanced;
- (E) The payment of interest on the bonds being refunded and refinanced from the date of delivery of the refunding bonds to maturity or to, and including, the first or any subsequent available redemption date or dates on which the bonds being refunded may be called for redemption;
- (F) The payment of the costs of issuance of the refunding bonds, including underwriter's discount, financial advisory fee, preparation of the definitive bonds, preparation of all public offering and marketing materials, advertising, credit enhancement, and legal, accounting, fiscal and other similar expenses, and the costs of refunding the outstanding bonds, including the costs of establishing an escrow for the retirement of the outstanding bonds, trustee and escrow agent fees in connection with any escrow, and accounting, legal and other professional fees in connection therewith; and
- (G) The establishment of reserves for the purposes set forth in subdivision (a)(4).
- (2) Refunding bonds may be issued to refinance and refund more than one (1) issue of outstanding bonds, notwithstanding that such outstanding bonds may have been issued at different times. The principal proceeds from the sale of refunding bonds may be applied either to the immediate payment and retirement of the bonds being refunded or, to the extent not required for the immediate payment of the bonds being refunded, to the deposit in escrow with a bank or trust company to provide for the payment and retirement at a later date of the bonds being refunded.
- (c) No bonds shall be issued hereunder unless authorized to be issued or assumed by resolution of the board of directors of the authority. Bonds authorized to be issued hereunder may be issued in one (1) or more series, may bear such date or dates, mature at such time or times, not exceeding forty (40) years from their respective dates, bear interest at such rate or rates, payable at such time or times, be in such denominations, be in such form, either coupon or registered, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, as such resolution or resolutions may provide. Bonds may be issued for money or property at competitive or negotiated sale for such price or prices as the board of directors, or its designee, shall determine. The authority may enter into such agreements in connection with the issuance of any bonds as its board of directors may approve, including without limitation, credit agreements and bond purchase agreements.
- (d) Bonds may be repurchased by the authority out of any available funds at such price as the board of directors shall determine, and all bonds so repurchased shall be cancelled or held as an investment of the authority as the board of directors may determine.
- (e)
- (1) All bonds issued by the authority shall be payable solely out of the revenues of the authority, including tax revenues, as may be designated by the board of directors of the authority.
- (2) The principal of and interest on any bonds issued by the authority shall be secured, as may be designated by the board of directors of the authority, by a pledge of the tax revenues allocable to the authority, by a pledge of the authority's rights under agreements, leases and other contracts, or by a mortgage or deed of trust covering all or any part of the projects from which the revenues so pledged may be derived. The proceedings under which the bonds are authorized to be issued and any such pledge agreement or mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered by the bonds, the fixing and collection of rents for any portions of projects leased by the authority to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, all as the board of directors shall deem advisable and not in conflict with this chapter. Each pledge, agreement, or mortgage or deed of trust made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the pledge, agreement, or mortgage or deed of trust were made shall have been fully paid. In the event of default in such payment or in any agreement of the authority made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage or deed of trust executed as security for the bonds, such payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any such mortgage or deed of trust, or any one (1) or more of such remedies.
- (f) Bonds and notes of the authority shall be executed in the name of the authority by such officers of the authority and in such manner as the board of directors may direct. If so provided in the proceedings authorizing the bonds, the facsimile signature of any of the officers executing such bonds may appear on the bonds in lieu of the manual signature of such officer.
- (g) Any bonds and notes of the authority may be sold at public or private sale to the extent authorized for local governments, for such price and in such manner and from time to time as may be determined by the board of directors of the authority to be most advantageous, and the authority may pay all expenses, premiums and commissions that its board of directors may deem necessary or advantageous in connection with the issuance of the bonds.
History (1)
- Acts 2012, ch. 1106, § 1.
§ 11-25-116. Execution in the name of the corporation. - All leases, contracts, deeds of conveyance, or instruments in writing executed by the authority, shall be executed in the name of the authority by the chair of the authority, or by such other officer as the board of directors of the authority, by resolution, may direct.
History (1)
- Acts 2012, ch. 1106, § 1.
§ 11-25-117. Net earnings. - As a public body, no part of the net earnings of the authority remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation, except that in the event the board of directors of the authority shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the authority, then any net earnings of the authority thereafter accruing shall be paid to the municipality or municipalities with respect to which the authority was organized; provided, that nothing contained in this section shall prevent the board of directors from transferring all or any part of its properties in accordance with the terms of any lease entered into by the authority.
History (1)
- Acts 2012, ch. 1106, § 1.
§ 11-25-118. Dissolution of the corporation. - Whenever the board of directors of the authority, by resolution, determines that there has been substantial compliance with the purposes for which the authority was formed, and all bonds theretofore issued and all obligations theretofore incurred by the authority have been fully paid, then the members of the board of directors shall thereupon execute and file for record in the office of the secretary of state a certificate of dissolution reciting such facts and declaring the authority to be dissolved. Upon the filing of such certificate of dissolution, the authority shall stand dissolved, the title to all funds and properties owned by it at the time of such dissolution shall vest in the state, in the manner approved by the board and the state, and possession of such funds and properties shall forthwith be delivered to the state. Upon dissolution of the authority, any of its assets shall be distributed as shall be directed by the board and the state, but in no event shall such costs be distributed to any person other than a governmental entity.
History (1)
- Acts 2012, ch. 1106, § 1.
§ 11-25-119. Construction of chapter. - This chapter shall not be construed as a restriction or limitation upon any powers that an authority, as a public corporation, might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. No proceedings, notice or approval shall be required for the organization of the authority or the issuance of any bonds or any instrument as security for the bonds, except as provided in this chapter, any other law to the contrary notwithstanding; provided, that nothing in this chapter shall be construed to deprive the state and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power over same.
History (1)
- Acts 2012, ch. 1106, § 1.
2024 Tennessee Code Unannotated