Tenn. Code Ann. § 69-5-138 — TN Code / Title 69 / Chapter 5 / Section 69-5-138
Notice of hearing on establishment of district
Status: in_force

(a) Publication in a newspaper published in the county where the petition is filed and proceeding is pending, for two (2) consecutive weeks, of the time and place set for the hearing of the petition to establish such district, shall be sufficient notice to the persons concerned as owners, lienholders, encumbrancers, mortgagees, occupants, or in any way, whether residents or nonresidents of the state, the last publication to be at least ten (10) days before the date set for such hearing. Such notice by publication shall have the same force and effect upon those concerned who are not petitioners, and who are residents of the state, as well as nonresidents, for all purposes of the proceeding, as process would have duly issued from the court and served personally upon them by an officer. Such publication notice need not give the names of the persons thus notified to appear, but need give only a brief statement of the purpose of the hearing, a reference to the petition on file for further information, as to the purpose of the proceeding, before what court the petition is to be heard, and the time and place of the hearing. If the proposed district is to embrace lands in more than one (1) county, if established, such publication shall be made in one (1) newspaper published in each of the counties. (b) Subsection (a) is not intended to repeal any portion of this chapter, and shall not be so construed, but is intended to furnish an additional method of proceeding to bring the parties concerned before the court in proceedings seeking to establish drainage, or drainage and levee, districts, and to give petitioners the option of whether they will proceed under such other provisions of this chapter or under subsection (a) in giving notice to the parties concerned of such hearing, and in bringing them before the court. Acts 1915, ch. 62, §§ 1, 2; Shan., §§ 3871a160, 3871a161; Code 1932, §§ 4396, 4397; T.C.A. (orig. ed.), §§ 70-745, 70-746; T.C.A. § 69-6-138 .
(a) Publication in a newspaper published in the county where the petition is filed and proceeding is pending, for two (2) consecutive weeks, of the time and place set for the hearing of the petition to establish such district, shall be sufficient notice to the persons concerned as owners, lienholders, encumbrancers, mortgagees, occupants, or in any way, whether residents or nonresidents of the state, the last publication to be at least ten (10) days before the date set for such hearing. Such notice by publication shall have the same force and effect upon those concerned who are not petitioners, and who are residents of the state, as well as nonresidents, for all purposes of the proceeding, as process would have duly issued from the court and served personally upon them by an officer. Such publication notice need not give the names of the persons thus notified to appear, but need give only a brief statement of the purpose of the hearing, a reference to the petition on file for further information, as to the purpose of the proceeding, before what court the petition is to be heard, and the time and place of the hearing. If the proposed district is to embrace lands in more than one (1) county, if established, such publication shall be made in one (1) newspaper published in each of the counties.
(b) Subsection (a) is not intended to repeal any portion of this chapter, and shall not be so construed, but is intended to furnish an additional method of proceeding to bring the parties concerned before the court in proceedings seeking to establish drainage, or drainage and levee, districts, and to give petitioners the option of whether they will proceed under such other provisions of this chapter or under subsection (a) in giving notice to the parties concerned of such hearing, and in bringing them before the court.
Acts 1915, ch. 62, §§ 1, 2; Shan., §§ 3871a160, 3871a161; Code 1932, §§ 4396, 4397; T.C.A. (orig. ed.), §§ 70-745, 70-746; T.C.A. § 69-6-138 .
Tenn. Code Ann. § 69-11-108 — TN Code / Title 69 / Chapter 11 / Section 69-11-108
Change in ownership
Status: in_force

Whenever legal title to a dam, for which a certificate of approval has been issued, is modified to create real property interests, including leasehold interests, in persons not listed on the application for the certificate, the owner of the dam shall make application for a new certificate within ninety (90) days of the date the interests are created. Acts 1973, ch. 182, § 4; T.C.A., § 70-2509; T.C.A. § 69-12-108.
Whenever legal title to a dam, for which a certificate of approval has been issued, is modified to create real property interests, including leasehold interests, in persons not listed on the application for the certificate, the owner of the dam shall make application for a new certificate within ninety (90) days of the date the interests are created.
Acts 1973, ch. 182, § 4; T.C.A., § 70-2509; T.C.A. § 69-12-108.
Tenn. Code Ann. § 69-3-110 — TN Code / Title 69 / Chapter 3 / Section 69-3-110
Hearings
Status: in_force

(a) Any hearing brought before the board pursuant to § 69-3-105(i) , § 69-3-109 , § 69-3-115 , § 69-3-116 , or § 69-3-118 shall be conducted as a contested case. The hearing shall be heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b) , unless settled by the parties. The administrative judge to whom the case has been assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the petition is filed. The scheduling order for the contested case issued by the administrative judge shall establish a schedule that results in a hearing being completed within one hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within sixty (60) days of completion of the record of the hearing. The administrative judge's initial order, together with any earlier orders issued by the administrative judge, shall become final unless appealed to the board by the commissioner or other party within thirty (30) days of entry of the initial order or, unless the board passes a motion to review the initial order pursuant to § 4-5-315 , within the longer of thirty (30) days or seven (7) days after the first board meeting to occur after entry of the initial order. Upon appeal to the board by a party, or upon passage of a motion of the board to review the administrative judge's initial order, the board shall afford each party an opportunity to present briefs, shall review the record and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order shall be limited to the record, but shall be de novo with no presumption of correctness. In such appeals, the board shall thereafter render a final order, in accordance with § 4-5-314 , affirming, modifying, remanding, or vacating the administrative judge's order. A final order rendered pursuant to this section is effective upon its entry, except as provided in § 4-5-320(b) unless a later effective date is stated therein. A petition to stay the effective date of a final order may be filed under § 4-5-316 . A petition for reconsideration of a final order may be filed pursuant to § 4-5-317 . Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322 . An order of an administrative judge that becomes final in the absence of an appeal or review by the board shall be deemed to be a decision of the board in that case for purposes of the standard of review by a court; however, in other matters before the board, it may be considered but shall not be binding on the board. (b) In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the chancery court of Davidson County, or the chancery court of the county in which the hearing is conducted, shall have jurisdiction upon application of the board or commissioner to issue an order requiring such person to appear and testify or produce evidence as the case may require, and any failure to obey such order of the court may be punished by such court as contempt. (c) The decision of the board shall become final and binding on all parties unless appealed to the courts as provided in § 69-3-111 . (d) Any person to whom an emergency order is directed pursuant to § 69-3-109(b) shall comply immediately, but on petition to the board shall be afforded a hearing as soon as possible, but in no case shall such hearing be held later than three (3) days from the receipt of such petition by the board. (e) Any hearing required by this section or chapter shall be conducted in accordance with § 13-18-114 when the hearing involves a major energy project, as defined by § 13-18-102 . Amended by 2014 Tenn. Acts, ch. 624, s 4, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 181, s 15, eff. 7/1/2013. Acts 1971, ch. 164, § 9; 1971, ch. 386, § 4; 1973, ch. 98, § 5; 1977, ch. 366, § 1; 1981, ch. 131, § 44; T.C.A., § 70-332; Acts 1984, ch. 804, §7; 2007 , ch. 362, § 37.
(a) Any hearing brought before the board pursuant to § 69-3-105(i) , § 69-3-109 , § 69-3-115 , § 69-3-116 , or § 69-3-118 shall be conducted as a contested case. The hearing shall be heard before an administrative judge sitting alone pursuant to §§ 4-5-301(a)(2) and 4-5-314(b) , unless settled by the parties. The administrative judge to whom the case has been assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the petition is filed. The scheduling order for the contested case issued by the administrative judge shall establish a schedule that results in a hearing being completed within one hundred eighty (180) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown, and an initial order being issued within sixty (60) days of completion of the record of the hearing. The administrative judge's initial order, together with any earlier orders issued by the administrative judge, shall become final unless appealed to the board by the commissioner or other party within thirty (30) days of entry of the initial order or, unless the board passes a motion to review the initial order pursuant to § 4-5-315 , within the longer of thirty (30) days or seven (7) days after the first board meeting to occur after entry of the initial order. Upon appeal to the board by a party, or upon passage of a motion of the board to review the administrative judge's initial order, the board shall afford each party an opportunity to present briefs, shall review the record and allow each party an opportunity to present oral argument. If appealed to the board, the review of the administrative judge's initial order shall be limited to the record, but shall be de novo with no presumption of correctness. In such appeals, the board shall thereafter render a final order, in accordance with § 4-5-314 , affirming, modifying, remanding, or vacating the administrative judge's order. A final order rendered pursuant to this section is effective upon its entry, except as provided in § 4-5-320(b) unless a later effective date is stated therein. A petition to stay the effective date of a final order may be filed under § 4-5-316 . A petition for reconsideration of a final order may be filed pursuant to § 4-5-317 . Judicial review of a final order may be sought by filing a petition for review in accordance with § 4-5-322 . An order of an administrative judge that becomes final in the absence of an appeal or review by the board shall be deemed to be a decision of the board in that case for purposes of the standard of review by a court; however, in other matters before the board, it may be considered but shall not be binding on the board.
(b) In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the chancery court of Davidson County, or the chancery court of the county in which the hearing is conducted, shall have jurisdiction upon application of the board or commissioner to issue an order requiring such person to appear and testify or produce evidence as the case may require, and any failure to obey such order of the court may be punished by such court as contempt.
(c) The decision of the board shall become final and binding on all parties unless appealed to the courts as provided in § 69-3-111 .
(d) Any person to whom an emergency order is directed pursuant to § 69-3-109(b) shall comply immediately, but on petition to the board shall be afforded a hearing as soon as possible, but in no case shall such hearing be held later than three (3) days from the receipt of such petition by the board.
(e) Any hearing required by this section or chapter shall be conducted in accordance with § 13-18-114 when the hearing involves a major energy project, as defined by § 13-18-102 .
Amended by 2014 Tenn. Acts, ch. 624, s 4, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 181, s 15, eff. 7/1/2013.
Acts 1971, ch. 164, § 9; 1971, ch. 386, § 4; 1973, ch. 98, § 5; 1977, ch. 366, § 1; 1981, ch. 131, § 44; T.C.A., § 70-332; Acts 1984, ch. 804, §7; 2007 , ch. 362, § 37.
Tenn. Code Ann. § 69-7-305 — TN Code / Title 69 / Chapter 7 / Section 69-7-305
Powers of commissioner
Status: in_force

The commissioner has the power to: (1) Annually collect and compile water quantity data and other quantity information, including data and information on uses of water and well data, and to develop registration and other forms for these purposes. Additionally, if requested and if it is deemed necessary by the commissioner to protect trade secret information as defined in § 47-25-1702 , the commissioner shall keep such trade secret information confidential; (2) Accept forms and data provided by a municipality that has adopted home rule pursuant to article XI, § 9 of the Tennessee Constitution,, or any county operating under a county charter form of government, as part of the annual registration or data collection process, or both; (3) Pursuant to § 69-7-302 , make inspections and investigations, collect samples pursuant to a water quantity inspection or investigation, carry on research, or take such other action as may be necessary to carry out this part, rules and regulations issued pursuant to this part, and any orders that the commissioner may issue; (4) Enter or authorize the commissioner's agents to enter at all reasonable times upon any property other than dwelling places for the purpose of conducting investigations or studies or enforcing any of the provisions of this part; (5) Bring suit in the name of the department for any violation of this part, rules and regulations, and orders of the commissioner seeking any remedy provided in this part, rules and regulations and orders of the commissioner, and any other statutory or common law remedy provided in statutory or common law; (6) Assess civil penalties for violation of any provision of this part or any rule, regulation, standard adopted or order issued by the commissioner pursuant to this part; (7) Issue orders as may be necessary to secure compliance with this part, as well as the rules and regulations adopted pursuant to this part; and (8) Exercise general supervision over the administration and enforcement of this part and all rules and regulations promulgated under this part. Acts 2002, ch. 800, §6; T.C.A. § 69-8-305.
The commissioner has the power to:
(1) Annually collect and compile water quantity data and other quantity information, including data and information on uses of water and well data, and to develop registration and other forms for these purposes. Additionally, if requested and if it is deemed necessary by the commissioner to protect trade secret information as defined in § 47-25-1702 , the commissioner shall keep such trade secret information confidential;
(2) Accept forms and data provided by a municipality that has adopted home rule pursuant to article XI, § 9 of the Tennessee Constitution,, or any county operating under a county charter form of government, as part of the annual registration or data collection process, or both;
(3) Pursuant to § 69-7-302 , make inspections and investigations, collect samples pursuant to a water quantity inspection or investigation, carry on research, or take such other action as may be necessary to carry out this part, rules and regulations issued pursuant to this part, and any orders that the commissioner may issue;
(4) Enter or authorize the commissioner's agents to enter at all reasonable times upon any property other than dwelling places for the purpose of conducting investigations or studies or enforcing any of the provisions of this part;
(5) Bring suit in the name of the department for any violation of this part, rules and regulations, and orders of the commissioner seeking any remedy provided in this part, rules and regulations and orders of the commissioner, and any other statutory or common law remedy provided in statutory or common law;
(6) Assess civil penalties for violation of any provision of this part or any rule, regulation, standard adopted or order issued by the commissioner pursuant to this part;
(7) Issue orders as may be necessary to secure compliance with this part, as well as the rules and regulations adopted pursuant to this part; and
(8) Exercise general supervision over the administration and enforcement of this part and all rules and regulations promulgated under this part.
Acts 2002, ch. 800, §6; T.C.A. § 69-8-305.
Tenn. Code Ann. § 69-3-123 — TN Code / Title 69 / Chapter 3 / Section 69-3-123
Pretreatment enforcement - Procedure - Complaints - Orders
Status: in_force

(a) (1) Whenever the local administrative officer of any pretreatment agency has reason to believe that a violation of any provision of the pretreatment program of the pretreatment agency or orders of the local hearing authority issued pursuant thereto has occurred, is occurring, or is about to occur, the local administrative officer may cause a written complaint to be served upon the alleged violator or violators. (2) The complaint shall specify the provision or provisions of the pretreatment program or order alleged to be violated or about to be violated and the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the local hearing authority. (3) Any such order shall become final and not subject to review unless the person or persons named in the order request by written petition a hearing before the local hearing authority as provided in § 69-3-124 , no later than thirty (30) days after the date such order is served; provided, that the local hearing authority may review such final order on the same grounds upon which a court of the state may review default judgments. (b) (1) Whenever the local administrative officer finds that an emergency exists imperatively requiring immediate action to protect the public health, safety, or welfare, the health of animals, fish or aquatic life, a public water supply, or the facilities of the publicly owned treatment works of the pretreatment agency, the local administrative officer may, without prior notice, issue an order reciting the existence of such an emergency and requiring that such action be taken as the local administrative officer deems necessary to meet the emergency. (2) If the violator fails to respond or is unable to respond to the local administrative officer's order, the local administrative officer may take such emergency action as the local administrative officer deems necessary, or contract with a qualified person or persons to carry out the emergency measures. The local administrative officer may assess the person or persons responsible for the emergency condition for actual costs incurred by the local administrative officer in meeting the emergency. (c) Except as otherwise expressly provided, any notice, complaint, order or other instrument issued by or under authority of this part may be served on any person affected thereby personally, by the local administrative officer or any person designated by the local administrative officer, or such service may be made in accordance with Tennessee statutes authorizing service of process in a civil action. Proof of service shall be filed in the office of the local administrative officer. Acts 1987, ch. 111, § 2.
(a) (1) Whenever the local administrative officer of any pretreatment agency has reason to believe that a violation of any provision of the pretreatment program of the pretreatment agency or orders of the local hearing authority issued pursuant thereto has occurred, is occurring, or is about to occur, the local administrative officer may cause a written complaint to be served upon the alleged violator or violators. (2) The complaint shall specify the provision or provisions of the pretreatment program or order alleged to be violated or about to be violated and the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the local hearing authority. (3) Any such order shall become final and not subject to review unless the person or persons named in the order request by written petition a hearing before the local hearing authority as provided in § 69-3-124 , no later than thirty (30) days after the date such order is served; provided, that the local hearing authority may review such final order on the same grounds upon which a court of the state may review default judgments.
(1) Whenever the local administrative officer of any pretreatment agency has reason to believe that a violation of any provision of the pretreatment program of the pretreatment agency or orders of the local hearing authority issued pursuant thereto has occurred, is occurring, or is about to occur, the local administrative officer may cause a written complaint to be served upon the alleged violator or violators.
(2) The complaint shall specify the provision or provisions of the pretreatment program or order alleged to be violated or about to be violated and the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the local hearing authority.
(3) Any such order shall become final and not subject to review unless the person or persons named in the order request by written petition a hearing before the local hearing authority as provided in § 69-3-124 , no later than thirty (30) days after the date such order is served; provided, that the local hearing authority may review such final order on the same grounds upon which a court of the state may review default judgments.
(b) (1) Whenever the local administrative officer finds that an emergency exists imperatively requiring immediate action to protect the public health, safety, or welfare, the health of animals, fish or aquatic life, a public water supply, or the facilities of the publicly owned treatment works of the pretreatment agency, the local administrative officer may, without prior notice, issue an order reciting the existence of such an emergency and requiring that such action be taken as the local administrative officer deems necessary to meet the emergency. (2) If the violator fails to respond or is unable to respond to the local administrative officer's order, the local administrative officer may take such emergency action as the local administrative officer deems necessary, or contract with a qualified person or persons to carry out the emergency measures. The local administrative officer may assess the person or persons responsible for the emergency condition for actual costs incurred by the local administrative officer in meeting the emergency.
(1) Whenever the local administrative officer finds that an emergency exists imperatively requiring immediate action to protect the public health, safety, or welfare, the health of animals, fish or aquatic life, a public water supply, or the facilities of the publicly owned treatment works of the pretreatment agency, the local administrative officer may, without prior notice, issue an order reciting the existence of such an emergency and requiring that such action be taken as the local administrative officer deems necessary to meet the emergency.
(2) If the violator fails to respond or is unable to respond to the local administrative officer's order, the local administrative officer may take such emergency action as the local administrative officer deems necessary, or contract with a qualified person or persons to carry out the emergency measures. The local administrative officer may assess the person or persons responsible for the emergency condition for actual costs incurred by the local administrative officer in meeting the emergency.
(c) Except as otherwise expressly provided, any notice, complaint, order or other instrument issued by or under authority of this part may be served on any person affected thereby personally, by the local administrative officer or any person designated by the local administrative officer, or such service may be made in accordance with Tennessee statutes authorizing service of process in a civil action. Proof of service shall be filed in the office of the local administrative officer.
Acts 1987, ch. 111, § 2.
Tenn. Code Ann. § 69-5-306 — TN Code / Title 69 / Chapter 5 / Section 69-5-306
Division into tracts and classification of subdivisions
Status: in_force

In making the classification provided for in § 69-5-305 , the commissioners are authorized to divide the land of one (1) owner lying in one (1) body into more than one (1) tract, and classify each subdivision of the tract, if they are of opinion that portions of the entire tract will be more benefited than other portions, and especially when the entire tract is a large one, and that it will be more equitable and just to so classify it in subdivisions. Acts 1909, ch. 185, § 11; Shan., § 3871a56; Code 1932, § 4284; T.C.A. (orig. ed.), § 70-906; T.C.A. § 69-6-306.
In making the classification provided for in § 69-5-305 , the commissioners are authorized to divide the land of one (1) owner lying in one (1) body into more than one (1) tract, and classify each subdivision of the tract, if they are of opinion that portions of the entire tract will be more benefited than other portions, and especially when the entire tract is a large one, and that it will be more equitable and just to so classify it in subdivisions.
Acts 1909, ch. 185, § 11; Shan., § 3871a56; Code 1932, § 4284; T.C.A. (orig. ed.), § 70-906; T.C.A. § 69-6-306.
Tenn. Code Ann. § 69-3-145 — TN Code / Title 69 / Chapter 3 / Section 69-3-145
Required permit or notice of coverage under a general permit - Construction regarding adjudication of property rights disputes
Status: in_force

(a) No operator shall engage in rock harvesting without having first obtained from the commissioner a permit or notice of coverage under a general permit as required in § 69-3-108 and the regulations promulgated pursuant thereto. At least thirty (30) days prior to engaging in rock harvesting on any land in which the right to engage in rock harvesting has been severed from the ownership of the land surface, the operator shall send the owner of the surface, by certified mail, return receipt required, a copy of the permit or notice of coverage from the department. The operator shall forward copies of all records relating to the certified mailing to the department. All costs associated with the certified mailing and transmission of records to the department shall be borne by the operator. (b) The granting of a permit shall be subject to payment by the operator of the fee prescribed in title 68, chapter 203, and upon submission to the department of the following information: (1) Evidence of the operator's legal right to harvest the minerals on the land affected by the permit; (2) Proof of general liability and, if applicable, workers' compensation insurance coverage. The general liability policy shall be in an amount of no less than one million dollars ($1,000,000). Proof of coverage shall be provided to the department prior to issuance of the permit; (3) Proof of the registration with the department of revenue of the operator and any subcontractors; (4) All application forms, maps, calculations and narratives required to satisfy § 69-3-108 and the regulations issued pursuant thereto; and (5) A reclamation/stabilization plan which addresses backfilling, grading and revegetation of the site. The reclamation plan will be followed as operations proceed with the overburden and waste materials from succeeding cuts being utilized in the reclamation of preceding cuts. The overburden and waste material from the first cut may be utilized for access road construction. The plan shall provide for returning the affected area as close as is reasonable in the circumstances to its preharvesting state, considering the available overburden and other factors. (c) Nothing in this section shall be construed to authorize the commissioner to adjudicate property rights disputes. Acts 2011, ch. 341, § 3.
(a) No operator shall engage in rock harvesting without having first obtained from the commissioner a permit or notice of coverage under a general permit as required in § 69-3-108 and the regulations promulgated pursuant thereto. At least thirty (30) days prior to engaging in rock harvesting on any land in which the right to engage in rock harvesting has been severed from the ownership of the land surface, the operator shall send the owner of the surface, by certified mail, return receipt required, a copy of the permit or notice of coverage from the department. The operator shall forward copies of all records relating to the certified mailing to the department. All costs associated with the certified mailing and transmission of records to the department shall be borne by the operator.
(b) The granting of a permit shall be subject to payment by the operator of the fee prescribed in title 68, chapter 203, and upon submission to the department of the following information: (1) Evidence of the operator's legal right to harvest the minerals on the land affected by the permit; (2) Proof of general liability and, if applicable, workers' compensation insurance coverage. The general liability policy shall be in an amount of no less than one million dollars ($1,000,000). Proof of coverage shall be provided to the department prior to issuance of the permit; (3) Proof of the registration with the department of revenue of the operator and any subcontractors; (4) All application forms, maps, calculations and narratives required to satisfy § 69-3-108 and the regulations issued pursuant thereto; and (5) A reclamation/stabilization plan which addresses backfilling, grading and revegetation of the site. The reclamation plan will be followed as operations proceed with the overburden and waste materials from succeeding cuts being utilized in the reclamation of preceding cuts. The overburden and waste material from the first cut may be utilized for access road construction. The plan shall provide for returning the affected area as close as is reasonable in the circumstances to its preharvesting state, considering the available overburden and other factors.
(1) Evidence of the operator's legal right to harvest the minerals on the land affected by the permit;
(2) Proof of general liability and, if applicable, workers' compensation insurance coverage. The general liability policy shall be in an amount of no less than one million dollars ($1,000,000). Proof of coverage shall be provided to the department prior to issuance of the permit;
(3) Proof of the registration with the department of revenue of the operator and any subcontractors;
(4) All application forms, maps, calculations and narratives required to satisfy § 69-3-108 and the regulations issued pursuant thereto; and
(5) A reclamation/stabilization plan which addresses backfilling, grading and revegetation of the site. The reclamation plan will be followed as operations proceed with the overburden and waste materials from succeeding cuts being utilized in the reclamation of preceding cuts. The overburden and waste material from the first cut may be utilized for access road construction. The plan shall provide for returning the affected area as close as is reasonable in the circumstances to its preharvesting state, considering the available overburden and other factors.
(c) Nothing in this section shall be construed to authorize the commissioner to adjudicate property rights disputes.
Acts 2011, ch. 341, § 3.
Tenn. Code Ann. § 69-9-303 — TN Code / Title 69 / Chapter 9 / Section 69-9-303
Certification by manufacturers - Testing procedures
Status: in_force

(a) Vessel motors manufactured after January 1, 1977, and offered for sale in Tennessee shall be certified to the agency by the motor manufacturer as having been tested and found not to exceed the noise levels prescribed in § 69-9-302 . (b) Testing procedures employed to determine such noise levels shall be in accordance with § 69-9-302 . The agency may, by regulation, amend such testing procedures when deemed necessary to adjust to advances in technology. Acts 1977, ch. 132, § 2; T.C.A., § 70-2243; T.C.A. §69-10-303; Acts 2007 , ch. 185, § 15.
(a) Vessel motors manufactured after January 1, 1977, and offered for sale in Tennessee shall be certified to the agency by the motor manufacturer as having been tested and found not to exceed the noise levels prescribed in § 69-9-302 .
(b) Testing procedures employed to determine such noise levels shall be in accordance with § 69-9-302 . The agency may, by regulation, amend such testing procedures when deemed necessary to adjust to advances in technology.
Acts 1977, ch. 132, § 2; T.C.A., § 70-2243; T.C.A. §69-10-303; Acts 2007 , ch. 185, § 15.
Tenn. Code Ann. § 69-5-905 — TN Code / Title 69 / Chapter 5 / Section 69-5-905
Denominations of bonds
Status: in_force

The bonds shall be in denominations of not less than fifty dollars ($50.00). Acts 1909, ch. 185, § 27; Shan., § 3871a111; Code 1932, § 4339; T.C.A. (orig. ed.), § 70-1405; T.C.A. § 69-6-905.
The bonds shall be in denominations of not less than fifty dollars ($50.00).
Acts 1909, ch. 185, § 27; Shan., § 3871a111; Code 1932, § 4339; T.C.A. (orig. ed.), § 70-1405; T.C.A. § 69-6-905.
Tenn. Code Ann. § 69-6-104 — TN Code / Title 69 / Chapter 6 / Section 69-6-104
Contents of petition
Status: in_force

(a) The petition shall set forth: (1) (A) The proposed name of the district; (B) Wherever practical the name of the district shall include the name of the principal body of water located in the watershed, such as " ______________ Watershed District"; (C) The Tennessee soil and water conservation commission is empowered to reject the proposed name where a watershed district previously established has the same or a closely similar name; (2) A description of the boundaries of the area to be included in the district; (3) A statement of the purposes for which the district is to be organized; (4) A statement of the number of persons who shall constitute the temporary board of directors of the district, which shall be not less than five (5) nor more than nine (9), together with the names and addresses of the persons who will constitute the original board of directors, with the term of office of each set forth beside the corresponding name, and with one (1) member designated as acting chair; and (5) A prayer for the organization of the district as a nonprofit corporation. (b) A map showing the boundaries of the district shall be attached to the petition as an exhibit and incorporated in the petition by reference. (c) The petition shall be sworn to by not less than five (5) of the signers. Amended by 2021 Tenn. Acts, ch. 203, s 22, eff. 4/22/2021. Acts 1955, ch. 112, § 4; T.C.A., § 70-1804; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-104 .
(a) The petition shall set forth: (1) (A) The proposed name of the district; (B) Wherever practical the name of the district shall include the name of the principal body of water located in the watershed, such as " ______________ Watershed District"; (C) The Tennessee soil and water conservation commission is empowered to reject the proposed name where a watershed district previously established has the same or a closely similar name; (2) A description of the boundaries of the area to be included in the district; (3) A statement of the purposes for which the district is to be organized; (4) A statement of the number of persons who shall constitute the temporary board of directors of the district, which shall be not less than five (5) nor more than nine (9), together with the names and addresses of the persons who will constitute the original board of directors, with the term of office of each set forth beside the corresponding name, and with one (1) member designated as acting chair; and (5) A prayer for the organization of the district as a nonprofit corporation.
(1) (A) The proposed name of the district; (B) Wherever practical the name of the district shall include the name of the principal body of water located in the watershed, such as " ______________ Watershed District"; (C) The Tennessee soil and water conservation commission is empowered to reject the proposed name where a watershed district previously established has the same or a closely similar name;
(A) The proposed name of the district;
(B) Wherever practical the name of the district shall include the name of the principal body of water located in the watershed, such as " ______________ Watershed District";
(C) The Tennessee soil and water conservation commission is empowered to reject the proposed name where a watershed district previously established has the same or a closely similar name;
(2) A description of the boundaries of the area to be included in the district;
(3) A statement of the purposes for which the district is to be organized;
(4) A statement of the number of persons who shall constitute the temporary board of directors of the district, which shall be not less than five (5) nor more than nine (9), together with the names and addresses of the persons who will constitute the original board of directors, with the term of office of each set forth beside the corresponding name, and with one (1) member designated as acting chair; and
(5) A prayer for the organization of the district as a nonprofit corporation.
(b) A map showing the boundaries of the district shall be attached to the petition as an exhibit and incorporated in the petition by reference.
(c) The petition shall be sworn to by not less than five (5) of the signers.
Amended by 2021 Tenn. Acts, ch. 203, s 22, eff. 4/22/2021.
Acts 1955, ch. 112, § 4; T.C.A., § 70-1804; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-104 .
Tenn. Code Ann. § 69-10-107 — TN Code / Title 69 / Chapter 10 / Section 69-10-107
Board of ground water management
Status: in_force

(a) (1) In order to advise and assist the commissioner in the preparation of rules and regulations, there is hereby created and established an advisory board to be known as the board of ground water management, consisting of five (5) members, including the commissioner and director of water resources or their designees, who shall be ex officio members of the board, and three (3) persons actively engaged in the drilling of wells, and one (1) of whom shall be resident of each of the three (3) geographical grand divisions of the state, and shall be appointed by the governor for terms of three (3) years each. The first well driller appointed to the board from: (A) Middle Tennessee shall serve for a term of three (3) years from and after the date of appointment; (B) East Tennessee shall serve for a term of two (2) years from and after the date of appointment; and (C) West Tennessee shall serve for a term of one (1) year from and after the date of appointment. (2) Thereafter, upon the expiration of the term of any members of the board engaged in well drilling, a successor shall be appointed by the governor for a term of three (3) years, the appointees shall be residents of Tennessee, and holders of certificates as well drillers issued under this chapter or prior acts, and each appointee shall have been actively engaged in well drilling in this state for not less than five (5) years next preceding appointment. No appointive member shall be appointed to more than two (2) consecutive full terms. (b) Any vacancy on the board, which may occur from any cause, shall be filled by appointment by the governor for the unexpired term in the same manner as regular appointments are made, and the dates of tenure of office as provided in subsection (a) shall be maintained. (c) The commissioner shall serve as chair and the director of water resources shall serve as secretary of the board, which shall meet at least once annually at a time and place determined by the board. A quorum consists of three (3) members of the board. The board members shall be reimbursed for travel expenses 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 board shall adopt and implement rules and regulations to create a conflict of interest policy for board members. The policy shall mandate annual written disclosures of financial interests, other possible conflicts of interest, and an acknowledgement by board members that they have read and understand all aspects of the policy. The policy shall also require persons who are to be appointed to the board to acknowledge, as a condition of appointment, that they are not in conflict with the conditions of the policy. (e) Prior to the issuance of any well driller's license or any installer's license, the board of ground water resources shall review the application for such license and shall make a recommendation to the commissioner either for or against issuance of such license. The board shall promulgate rules and regulations, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that specify the criteria to be used by the board in making such recommendations. Amended by 2014 Tenn. Acts, ch. 624,s 5, eff. 7/1/2014. Acts 1963, ch. 325, § 7; 1976, ch. 806, § 1(20); 1982, ch. 653, § 4; T.C.A., § 70-2307; Acts 1984, ch. 784, § 6; 1986, ch. 611, § 4; 1992, ch. 693, § 1; 2002, ch. 800, §§ 11, 20; T.C.A. § 69-11-107 ; Acts 2012, ch. 808, § 3.
(a) (1) In order to advise and assist the commissioner in the preparation of rules and regulations, there is hereby created and established an advisory board to be known as the board of ground water management, consisting of five (5) members, including the commissioner and director of water resources or their designees, who shall be ex officio members of the board, and three (3) persons actively engaged in the drilling of wells, and one (1) of whom shall be resident of each of the three (3) geographical grand divisions of the state, and shall be appointed by the governor for terms of three (3) years each. The first well driller appointed to the board from: (A) Middle Tennessee shall serve for a term of three (3) years from and after the date of appointment; (B) East Tennessee shall serve for a term of two (2) years from and after the date of appointment; and (C) West Tennessee shall serve for a term of one (1) year from and after the date of appointment. (2) Thereafter, upon the expiration of the term of any members of the board engaged in well drilling, a successor shall be appointed by the governor for a term of three (3) years, the appointees shall be residents of Tennessee, and holders of certificates as well drillers issued under this chapter or prior acts, and each appointee shall have been actively engaged in well drilling in this state for not less than five (5) years next preceding appointment. No appointive member shall be appointed to more than two (2) consecutive full terms.
(1) In order to advise and assist the commissioner in the preparation of rules and regulations, there is hereby created and established an advisory board to be known as the board of ground water management, consisting of five (5) members, including the commissioner and director of water resources or their designees, who shall be ex officio members of the board, and three (3) persons actively engaged in the drilling of wells, and one (1) of whom shall be resident of each of the three (3) geographical grand divisions of the state, and shall be appointed by the governor for terms of three (3) years each. The first well driller appointed to the board from: (A) Middle Tennessee shall serve for a term of three (3) years from and after the date of appointment; (B) East Tennessee shall serve for a term of two (2) years from and after the date of appointment; and (C) West Tennessee shall serve for a term of one (1) year from and after the date of appointment.
(A) Middle Tennessee shall serve for a term of three (3) years from and after the date of appointment;
(B) East Tennessee shall serve for a term of two (2) years from and after the date of appointment; and
(C) West Tennessee shall serve for a term of one (1) year from and after the date of appointment.
(2) Thereafter, upon the expiration of the term of any members of the board engaged in well drilling, a successor shall be appointed by the governor for a term of three (3) years, the appointees shall be residents of Tennessee, and holders of certificates as well drillers issued under this chapter or prior acts, and each appointee shall have been actively engaged in well drilling in this state for not less than five (5) years next preceding appointment. No appointive member shall be appointed to more than two (2) consecutive full terms.
(b) Any vacancy on the board, which may occur from any cause, shall be filled by appointment by the governor for the unexpired term in the same manner as regular appointments are made, and the dates of tenure of office as provided in subsection (a) shall be maintained.
(c) The commissioner shall serve as chair and the director of water resources shall serve as secretary of the board, which shall meet at least once annually at a time and place determined by the board. A quorum consists of three (3) members of the board. The board members shall be reimbursed for travel expenses 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 board shall adopt and implement rules and regulations to create a conflict of interest policy for board members. The policy shall mandate annual written disclosures of financial interests, other possible conflicts of interest, and an acknowledgement by board members that they have read and understand all aspects of the policy. The policy shall also require persons who are to be appointed to the board to acknowledge, as a condition of appointment, that they are not in conflict with the conditions of the policy.
(e) Prior to the issuance of any well driller's license or any installer's license, the board of ground water resources shall review the application for such license and shall make a recommendation to the commissioner either for or against issuance of such license. The board shall promulgate rules and regulations, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that specify the criteria to be used by the board in making such recommendations.
Amended by 2014 Tenn. Acts, ch. 624,s 5, eff. 7/1/2014.
Acts 1963, ch. 325, § 7; 1976, ch. 806, § 1(20); 1982, ch. 653, § 4; T.C.A., § 70-2307; Acts 1984, ch. 784, § 6; 1986, ch. 611, § 4; 1992, ch. 693, § 1; 2002, ch. 800, §§ 11, 20; T.C.A. § 69-11-107 ; Acts 2012, ch. 808, § 3.
Tenn. Code Ann. § 69-3-130 — TN Code / Title 69 / Chapter 3 / Section 69-3-130
Ditch construction
Status: in_force

(a) (1) Ditch construction, the purpose of which is either to: (A) Restore swamped-out bottomland hardwoods to bottomland hardwoods; or (B) Restore swamped-out cropland to cropland or to bottomland hardwoods; is permitted in any waters of this state, under general permit and without requirement of an individual permit; provided, that it is done in accordance with all terms and conditions of this section. (2) The following conditions apply to all ditch construction conducted under this section: (A) Written notification to the department shall be made at least thirty (30) days prior to beginning construction, and shall include: (i) Aerial photographs showing existing conditions, or in the case of land used for pasture, documentation from a state or federal agency establishing prior usage as pasture; (ii) A simple sketch showing approximate dimensions of the proposed ditch and anticipated affected area; and (iii) Documentation that the area is either swamped-out hardwoods or swamped-out cropland; (B) All construction shall be accomplished during periods of dry weather; (C) Construction shall be by blasting, if feasible, although construction by other means is permissible if blasting is not practicable under the circumstances; and (D) Construction may commence after thirty (30) days notification to the department unless the commissioner notifies the applicant that: (i) The documentation regarding the qualification of the property as swamped-out bottomland hardwoods or swamped-out cropland is inadequate; (ii) The proposed ditch will drain adjacent wetlands beyond the swamped-out cropland or swamped-out bottomland; or (iii) The department's review of the proposal will require an additional time period not to exceed sixty (60) days. (b) (1) As used in this subsection (b), "ditch maintenance" means the physical maintenance of the original, as built, configuration of a ditch, including the removal of sediment, debris or obstruction, the purpose of which is to: (A) Maintain bottomland hardwoods or cropland; (B) Restore swamped-out bottomland hardwoods to bottomland hardwoods; or (C) Restore swamped-out croplands to cropland or to bottomland hardwoods. (2) Ditch maintenance is permitted under general permit and without requirement of an individual permit in any water of the state under the following conditions: (A) All construction shall be accomplished during periods of dry weather; (B) The ditch maintenance activity shall not alter any other waters of the state; and (C) The ditch maintenance activity shall not result in the extension of the ditch in length, width or depth from its original dimensions. (c) Ditch construction that is for the purpose of maintaining existing bottomland hardwoods or cropland, and that requires a permit under § 404 of the federal Clean Water Act ( 33 U.S.C. § 1344 ), is permitted under general permit and without requirement of individual permit in any water of the state under the following conditions: (1) Written notification to the department shall be made at least thirty (30) days prior to beginning construction, and shall include: (A) A copy of the § 404 permit; and (B) A simple sketch showing approximate dimensions of the proposed ditch and anticipated affected area; (2) All construction shall be accomplished during periods of dry weather; (3) Construction should be by blasting, if feasible, although construction by other means is permissible if blasting is not practicable under the circumstances; and (4) Construction may commence after thirty (30) days notification to the department unless the commissioner notifies the applicant that: (A) The documentation is inadequate; (B) The proposed ditch will drain adjacent wetlands beyond the affected cropland or bottomland; or (C) The department's review of the proposed construction will require an additional time period not to exceed sixty (60) days. (d) If ditch construction or ditch maintenance exceeds the permit specifications, then the owner of the property upon which the ditch is constructed shall be required to restore the ditch to the specifications of the permit. The owner of the property upon which the ditch is constructed shall be required to pay all costs of ditch restoration. (e) The general permits granted by this section shall not be subject to the durational limit set forth in § 69-3-108 . (f) The establishment of the general permit granted by this section shall not preclude application for individual permit for ditch construction or ditch maintenance in cropland or bottomland hardwoods swamped-out prior to 1970. (g) This section shall not be construed as requiring a permit for any activity not requiring a permit under the federal Clean Water Act or the Federal Water Pollution Control Act ( 33 U.S.C. § 1251 et seq.). Acts 1991, ch. 123, § 2.
(a) (1) Ditch construction, the purpose of which is either to: (A) Restore swamped-out bottomland hardwoods to bottomland hardwoods; or (B) Restore swamped-out cropland to cropland or to bottomland hardwoods; is permitted in any waters of this state, under general permit and without requirement of an individual permit; provided, that it is done in accordance with all terms and conditions of this section. (2) The following conditions apply to all ditch construction conducted under this section: (A) Written notification to the department shall be made at least thirty (30) days prior to beginning construction, and shall include: (i) Aerial photographs showing existing conditions, or in the case of land used for pasture, documentation from a state or federal agency establishing prior usage as pasture; (ii) A simple sketch showing approximate dimensions of the proposed ditch and anticipated affected area; and (iii) Documentation that the area is either swamped-out hardwoods or swamped-out cropland; (B) All construction shall be accomplished during periods of dry weather; (C) Construction shall be by blasting, if feasible, although construction by other means is permissible if blasting is not practicable under the circumstances; and (D) Construction may commence after thirty (30) days notification to the department unless the commissioner notifies the applicant that: (i) The documentation regarding the qualification of the property as swamped-out bottomland hardwoods or swamped-out cropland is inadequate; (ii) The proposed ditch will drain adjacent wetlands beyond the swamped-out cropland or swamped-out bottomland; or (iii) The department's review of the proposal will require an additional time period not to exceed sixty (60) days.
(1) Ditch construction, the purpose of which is either to: (A) Restore swamped-out bottomland hardwoods to bottomland hardwoods; or (B) Restore swamped-out cropland to cropland or to bottomland hardwoods; is permitted in any waters of this state, under general permit and without requirement of an individual permit; provided, that it is done in accordance with all terms and conditions of this section.
(A) Restore swamped-out bottomland hardwoods to bottomland hardwoods; or
(B) Restore swamped-out cropland to cropland or to bottomland hardwoods; is permitted in any waters of this state, under general permit and without requirement of an individual permit; provided, that it is done in accordance with all terms and conditions of this section.
is permitted in any waters of this state, under general permit and without requirement of an individual permit; provided, that it is done in accordance with all terms and conditions of this section.
(2) The following conditions apply to all ditch construction conducted under this section: (A) Written notification to the department shall be made at least thirty (30) days prior to beginning construction, and shall include: (i) Aerial photographs showing existing conditions, or in the case of land used for pasture, documentation from a state or federal agency establishing prior usage as pasture; (ii) A simple sketch showing approximate dimensions of the proposed ditch and anticipated affected area; and (iii) Documentation that the area is either swamped-out hardwoods or swamped-out cropland; (B) All construction shall be accomplished during periods of dry weather; (C) Construction shall be by blasting, if feasible, although construction by other means is permissible if blasting is not practicable under the circumstances; and (D) Construction may commence after thirty (30) days notification to the department unless the commissioner notifies the applicant that: (i) The documentation regarding the qualification of the property as swamped-out bottomland hardwoods or swamped-out cropland is inadequate; (ii) The proposed ditch will drain adjacent wetlands beyond the swamped-out cropland or swamped-out bottomland; or (iii) The department's review of the proposal will require an additional time period not to exceed sixty (60) days.
(A) Written notification to the department shall be made at least thirty (30) days prior to beginning construction, and shall include: (i) Aerial photographs showing existing conditions, or in the case of land used for pasture, documentation from a state or federal agency establishing prior usage as pasture; (ii) A simple sketch showing approximate dimensions of the proposed ditch and anticipated affected area; and (iii) Documentation that the area is either swamped-out hardwoods or swamped-out cropland;
(i) Aerial photographs showing existing conditions, or in the case of land used for pasture, documentation from a state or federal agency establishing prior usage as pasture;
(ii) A simple sketch showing approximate dimensions of the proposed ditch and anticipated affected area; and
(iii) Documentation that the area is either swamped-out hardwoods or swamped-out cropland;
(B) All construction shall be accomplished during periods of dry weather;
(C) Construction shall be by blasting, if feasible, although construction by other means is permissible if blasting is not practicable under the circumstances; and
(D) Construction may commence after thirty (30) days notification to the department unless the commissioner notifies the applicant that: (i) The documentation regarding the qualification of the property as swamped-out bottomland hardwoods or swamped-out cropland is inadequate; (ii) The proposed ditch will drain adjacent wetlands beyond the swamped-out cropland or swamped-out bottomland; or (iii) The department's review of the proposal will require an additional time period not to exceed sixty (60) days.
(i) The documentation regarding the qualification of the property as swamped-out bottomland hardwoods or swamped-out cropland is inadequate;
(ii) The proposed ditch will drain adjacent wetlands beyond the swamped-out cropland or swamped-out bottomland; or
(iii) The department's review of the proposal will require an additional time period not to exceed sixty (60) days.
(b) (1) As used in this subsection (b), "ditch maintenance" means the physical maintenance of the original, as built, configuration of a ditch, including the removal of sediment, debris or obstruction, the purpose of which is to: (A) Maintain bottomland hardwoods or cropland; (B) Restore swamped-out bottomland hardwoods to bottomland hardwoods; or (C) Restore swamped-out croplands to cropland or to bottomland hardwoods. (2) Ditch maintenance is permitted under general permit and without requirement of an individual permit in any water of the state under the following conditions: (A) All construction shall be accomplished during periods of dry weather; (B) The ditch maintenance activity shall not alter any other waters of the state; and (C) The ditch maintenance activity shall not result in the extension of the ditch in length, width or depth from its original dimensions.
(1) As used in this subsection (b), "ditch maintenance" means the physical maintenance of the original, as built, configuration of a ditch, including the removal of sediment, debris or obstruction, the purpose of which is to: (A) Maintain bottomland hardwoods or cropland; (B) Restore swamped-out bottomland hardwoods to bottomland hardwoods; or (C) Restore swamped-out croplands to cropland or to bottomland hardwoods.
(A) Maintain bottomland hardwoods or cropland;
(B) Restore swamped-out bottomland hardwoods to bottomland hardwoods; or
(C) Restore swamped-out croplands to cropland or to bottomland hardwoods.
(2) Ditch maintenance is permitted under general permit and without requirement of an individual permit in any water of the state under the following conditions: (A) All construction shall be accomplished during periods of dry weather; (B) The ditch maintenance activity shall not alter any other waters of the state; and (C) The ditch maintenance activity shall not result in the extension of the ditch in length, width or depth from its original dimensions.
(A) All construction shall be accomplished during periods of dry weather;
(B) The ditch maintenance activity shall not alter any other waters of the state; and
(C) The ditch maintenance activity shall not result in the extension of the ditch in length, width or depth from its original dimensions.
(c) Ditch construction that is for the purpose of maintaining existing bottomland hardwoods or cropland, and that requires a permit under § 404 of the federal Clean Water Act ( 33 U.S.C. § 1344 ), is permitted under general permit and without requirement of individual permit in any water of the state under the following conditions: (1) Written notification to the department shall be made at least thirty (30) days prior to beginning construction, and shall include: (A) A copy of the § 404 permit; and (B) A simple sketch showing approximate dimensions of the proposed ditch and anticipated affected area; (2) All construction shall be accomplished during periods of dry weather; (3) Construction should be by blasting, if feasible, although construction by other means is permissible if blasting is not practicable under the circumstances; and (4) Construction may commence after thirty (30) days notification to the department unless the commissioner notifies the applicant that: (A) The documentation is inadequate; (B) The proposed ditch will drain adjacent wetlands beyond the affected cropland or bottomland; or (C) The department's review of the proposed construction will require an additional time period not to exceed sixty (60) days.
(1) Written notification to the department shall be made at least thirty (30) days prior to beginning construction, and shall include: (A) A copy of the § 404 permit; and (B) A simple sketch showing approximate dimensions of the proposed ditch and anticipated affected area;
(A) A copy of the § 404 permit; and
(B) A simple sketch showing approximate dimensions of the proposed ditch and anticipated affected area;
(2) All construction shall be accomplished during periods of dry weather;
(3) Construction should be by blasting, if feasible, although construction by other means is permissible if blasting is not practicable under the circumstances; and
(4) Construction may commence after thirty (30) days notification to the department unless the commissioner notifies the applicant that: (A) The documentation is inadequate; (B) The proposed ditch will drain adjacent wetlands beyond the affected cropland or bottomland; or (C) The department's review of the proposed construction will require an additional time period not to exceed sixty (60) days.
(A) The documentation is inadequate;
(B) The proposed ditch will drain adjacent wetlands beyond the affected cropland or bottomland; or
(C) The department's review of the proposed construction will require an additional time period not to exceed sixty (60) days.
(d) If ditch construction or ditch maintenance exceeds the permit specifications, then the owner of the property upon which the ditch is constructed shall be required to restore the ditch to the specifications of the permit. The owner of the property upon which the ditch is constructed shall be required to pay all costs of ditch restoration.
(e) The general permits granted by this section shall not be subject to the durational limit set forth in § 69-3-108 .
(f) The establishment of the general permit granted by this section shall not preclude application for individual permit for ditch construction or ditch maintenance in cropland or bottomland hardwoods swamped-out prior to 1970.
(g) This section shall not be construed as requiring a permit for any activity not requiring a permit under the federal Clean Water Act or the Federal Water Pollution Control Act ( 33 U.S.C. § 1251 et seq.).
Acts 1991, ch. 123, § 2.
Tenn. Code Ann. § 69-5-143 — TN Code / Title 69 / Chapter 5 / Section 69-5-143
Reelfoot Lake and Big Hatchie River excepted
Status: in_force

This chapter is not intended to apply to Reelfoot Lake or Big Hatchie River and the waters of such lake or river, or to authorize their draining, and this chapter shall not be construed in any way to authorize the draining of such lake or river or its bottom lands; provided, that dredge boats may be permitted to excavate as far north as, but no farther than, what is known as "Three Bridges" in the fifth civil district of Obion County and the fourth civil district of Lake County. Acts 1909, ch. 185, § 40; 1915, ch. 53, § 1; Shan., § 3871a159; Acts 1921, ch. 60, § 1; mod. Code 1932, § 4394; T.C.A. (orig. ed.), § 70-751; T.C.A. § 69-6-143 .
This chapter is not intended to apply to Reelfoot Lake or Big Hatchie River and the waters of such lake or river, or to authorize their draining, and this chapter shall not be construed in any way to authorize the draining of such lake or river or its bottom lands; provided, that dredge boats may be permitted to excavate as far north as, but no farther than, what is known as "Three Bridges" in the fifth civil district of Obion County and the fourth civil district of Lake County.
Acts 1909, ch. 185, § 40; 1915, ch. 53, § 1; Shan., § 3871a159; Acts 1921, ch. 60, § 1; mod. Code 1932, § 4394; T.C.A. (orig. ed.), § 70-751; T.C.A. § 69-6-143 .
Tenn. Code Ann. § 69-6-120 — TN Code / Title 69 / Chapter 6 / Section 69-6-120
Change of boundaries - Election procedure
Status: in_force

(a) In the event that such study shall establish that the areas embodied in the charter originally issued by the Tennessee soil and water conservation commission need to be enlarged or diminished, or that the boundaries set forth in the charter are substantially and materially insufficient or inaccurate to reasonably describe the district, a petition shall be filed with the Tennessee soil and water conservation commission, conforming to the requirements of §§ 69-6-103 and 69-6-104 . (b) (1) If the petition is granted in accordance with those sections, the officers of the district shall proceed as provided in §§ 69-6-106 - 69-6-110. (2) Those entitled to vote shall be persons who are entitled to vote within the district and all landowners outside the district, but being landowners in the area proposed to be taken into the district; provided, that the landowners outside the district who shall be entitled to vote are those who are more than eighteen (18) years of age and are sui juris. (3) The notices required in §§ 69-6-106 - 69-6-110 shall contain an accurate description of the areas to be taken into or excluded from the district. (c) The question on the ballot shall be as follows: Q. Shall ______________ watershed district be enlarged by taking into the district the properties commonly known as the ______________ and ____________________ places (lands), or parts thereof, as specifically described in the notices heretofore given in accordance with §§ 69-6-119 - 69-6-121 of the Tennessee Code? A. Yes [] A. No [] If the district is to be diminished, the following language shall be inserted: "diminished by excluding from the district" in lieu of the language: "enlarged by taking into the district." Amended by 2021 Tenn. Acts, ch. 203, s 30, eff. 4/22/2021. Acts 1955, ch. 112, § 14; impl. am. Acts 1971, ch. 162, § 3; T.C.A., § 70-1820; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-120.
(a) In the event that such study shall establish that the areas embodied in the charter originally issued by the Tennessee soil and water conservation commission need to be enlarged or diminished, or that the boundaries set forth in the charter are substantially and materially insufficient or inaccurate to reasonably describe the district, a petition shall be filed with the Tennessee soil and water conservation commission, conforming to the requirements of §§ 69-6-103 and 69-6-104 .
(b) (1) If the petition is granted in accordance with those sections, the officers of the district shall proceed as provided in §§ 69-6-106 - 69-6-110. (2) Those entitled to vote shall be persons who are entitled to vote within the district and all landowners outside the district, but being landowners in the area proposed to be taken into the district; provided, that the landowners outside the district who shall be entitled to vote are those who are more than eighteen (18) years of age and are sui juris. (3) The notices required in §§ 69-6-106 - 69-6-110 shall contain an accurate description of the areas to be taken into or excluded from the district.
(1) If the petition is granted in accordance with those sections, the officers of the district shall proceed as provided in §§ 69-6-106 - 69-6-110.
(2) Those entitled to vote shall be persons who are entitled to vote within the district and all landowners outside the district, but being landowners in the area proposed to be taken into the district; provided, that the landowners outside the district who shall be entitled to vote are those who are more than eighteen (18) years of age and are sui juris.
(3) The notices required in §§ 69-6-106 - 69-6-110 shall contain an accurate description of the areas to be taken into or excluded from the district.
(c) The question on the ballot shall be as follows: Q. Shall ______________ watershed district be enlarged by taking into the district the properties commonly known as the ______________ and ____________________ places (lands), or parts thereof, as specifically described in the notices heretofore given in accordance with §§ 69-6-119 - 69-6-121 of the Tennessee Code? A. Yes [] A. No []
Q. Shall ______________ watershed district be enlarged by taking into the district the properties commonly known as the ______________ and ____________________ places (lands), or parts thereof, as specifically described in the notices heretofore given in accordance with §§ 69-6-119 - 69-6-121 of the Tennessee Code?
A. Yes []
A. No []
If the district is to be diminished, the following language shall be inserted: "diminished by excluding from the district" in lieu of the language: "enlarged by taking into the district."
Amended by 2021 Tenn. Acts, ch. 203, s 30, eff. 4/22/2021.
Acts 1955, ch. 112, § 14; impl. am. Acts 1971, ch. 162, § 3; T.C.A., § 70-1820; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-120.
Tenn. Code Ann. § 69-3-146 — TN Code / Title 69 / Chapter 3 / Section 69-3-146
Stop-work order for rock harvesting operations
Status: in_force

(a) The commissioner is authorized to issue stop-work orders for rock harvesting operations in accordance with this section. (b) When rock harvesting activities have polluted waters of the state as a result of an operator's knowing violation of permit conditions, or an operator has failed or refused to obtain permit coverage as required in § 69-3-145 , the commissioner may issue a stop-work order to the operator. The stop-work order shall specify those parts of the rock harvesting activities on site that are contributing to the pollution or require ceasing work until permit coverage is obtained. The stop-work order shall remain in effect until the department determines that the operator has obtained permit coverage and/or has taken all necessary measures to comply with the permit so that further pollution associated with the rock harvesting operations will not occur. (c) A written request for a hearing before the board of water quality, oil and gas on the stop-work order shall be filed by the operator with the commissioner within thirty (30) days of the receipt of notice. If the operator files the request and also makes a specific request for an informal meeting with the commissioner to show cause why the stop-work order should not have been issued, the commissioner or the commissioner's designee shall meet with the operator within three (3) working days after the hearing request is filed. Any modification or revocation of the stop-work order shall be in writing. If the commissioner or the commissioner's designee upholds the stop-work order, it shall remain in effect until resolution of the appeal or until the operator comes into compliance. If no request for a hearing is made within thirty (30) days of the receipt of notice, the stop-work order shall be final and shall not be subject to review. In such case, the operator shall stabilize the site within sixty (60) days of the receipt of notice. (d) Failure of an operator to comply with a stop-work order issued pursuant to this section shall subject the operator to another violation of this part in addition to any other violations the operator has committed that is subject to the penalties prescribed in § 69-3-115 . The commissioner may also institute proceedings for the confiscation and forfeiture of equipment used in any rock harvesting operation to which a stop-work order has been issued. Such proceedings may be instituted in the chancery court of Davidson County, or in the chancery court of the county in which all or part of the rock harvesting operation is located. Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021. Acts 2011 , ch. 341, § 3.
(a) The commissioner is authorized to issue stop-work orders for rock harvesting operations in accordance with this section.
(b) When rock harvesting activities have polluted waters of the state as a result of an operator's knowing violation of permit conditions, or an operator has failed or refused to obtain permit coverage as required in § 69-3-145 , the commissioner may issue a stop-work order to the operator. The stop-work order shall specify those parts of the rock harvesting activities on site that are contributing to the pollution or require ceasing work until permit coverage is obtained. The stop-work order shall remain in effect until the department determines that the operator has obtained permit coverage and/or has taken all necessary measures to comply with the permit so that further pollution associated with the rock harvesting operations will not occur.
(c) A written request for a hearing before the board of water quality, oil and gas on the stop-work order shall be filed by the operator with the commissioner within thirty (30) days of the receipt of notice. If the operator files the request and also makes a specific request for an informal meeting with the commissioner to show cause why the stop-work order should not have been issued, the commissioner or the commissioner's designee shall meet with the operator within three (3) working days after the hearing request is filed. Any modification or revocation of the stop-work order shall be in writing. If the commissioner or the commissioner's designee upholds the stop-work order, it shall remain in effect until resolution of the appeal or until the operator comes into compliance. If no request for a hearing is made within thirty (30) days of the receipt of notice, the stop-work order shall be final and shall not be subject to review. In such case, the operator shall stabilize the site within sixty (60) days of the receipt of notice.
(d) Failure of an operator to comply with a stop-work order issued pursuant to this section shall subject the operator to another violation of this part in addition to any other violations the operator has committed that is subject to the penalties prescribed in § 69-3-115 . The commissioner may also institute proceedings for the confiscation and forfeiture of equipment used in any rock harvesting operation to which a stop-work order has been issued. Such proceedings may be instituted in the chancery court of Davidson County, or in the chancery court of the county in which all or part of the rock harvesting operation is located.
Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021.
Acts 2011 , ch. 341, § 3.
Tenn. Code Ann. § 69-10-112 — TN Code / Title 69 / Chapter 10 / Section 69-10-112
Municipalities under home rule or counties under charter - Exemptions
Status: in_force

(a) Any municipality that has adopted home rule under Tennessee Constitution, Article XI, § 9, or any county operating under a county charter form of government, may enact, by ordinance or resolution respectively, enforceable requirements not less stringent than the standards adopted by the state pursuant to this chapter. (b) Any such municipality that has adopted home rule under Tennessee Constitution, Article XI, § 9, any county operating under a county charter form of government, or any political subdivision under such municipality or county, may be exempted from this chapter, except for the well driller licensing and license fee provisions that shall remain as a state function. Any such municipality, county or political subdivision desiring to be exempted from this chapter may file a petition for certificate of exemption with the commissioner. The commissioner shall grant or deny the petition. (c) The certificate of exemption shall be granted if the commissioner determines that the home rule municipality, or county operating under a county charter form of government, has enacted provisions not less stringent than this chapter and that such enactments are being, or will be, adequately enforced. (d) The commissioner may grant a certificate of exemption in whole or in part, may prescribe a time schedule for various parts of an exemption to become effective, and may make a certificate of exemption conditional or provisional as is deemed appropriate. (e) In granting any certificate of exemption, there is reserved to the state the right to initiate proceedings to enforce any applicable resolution, ordinance or regulation of the municipality or county should it fail to obtain compliance with the resolution, ordinance or regulation. Such proceedings shall be the same as for enforcement of any duly promulgated rule or regulation. (f) In granting any certificate of exemption, the exemption is to be strictly construed as limited to the language of the exemption. No power or authority that is not expressly stated in the certificate of exemption may be implied. (g) The department shall frequently determine whether or not any exempted municipality, county or political subdivision meets the terms of the exemption granted and continues to comply with this section. If a determination is made that such municipality, county or political subdivision does not meet the terms of the exemption granted or does not comply with this section, the commissioner, upon reasonable notice to the municipality, county or political subdivision, may suspend the exemption in whole or in part until such time as the municipality, county or political subdivision complies with the state standards. (h) All certificates of exemption, including those expiring pursuant to subsection (g), shall be for a fixed term not to exceed five (5) years. Acts 2002, ch. 800, § 23; T.C.A. § 69-11-112 .
(a) Any municipality that has adopted home rule under Tennessee Constitution, Article XI, § 9, or any county operating under a county charter form of government, may enact, by ordinance or resolution respectively, enforceable requirements not less stringent than the standards adopted by the state pursuant to this chapter.
(b) Any such municipality that has adopted home rule under Tennessee Constitution, Article XI, § 9, any county operating under a county charter form of government, or any political subdivision under such municipality or county, may be exempted from this chapter, except for the well driller licensing and license fee provisions that shall remain as a state function. Any such municipality, county or political subdivision desiring to be exempted from this chapter may file a petition for certificate of exemption with the commissioner. The commissioner shall grant or deny the petition.
(c) The certificate of exemption shall be granted if the commissioner determines that the home rule municipality, or county operating under a county charter form of government, has enacted provisions not less stringent than this chapter and that such enactments are being, or will be, adequately enforced.
(d) The commissioner may grant a certificate of exemption in whole or in part, may prescribe a time schedule for various parts of an exemption to become effective, and may make a certificate of exemption conditional or provisional as is deemed appropriate.
(e) In granting any certificate of exemption, there is reserved to the state the right to initiate proceedings to enforce any applicable resolution, ordinance or regulation of the municipality or county should it fail to obtain compliance with the resolution, ordinance or regulation. Such proceedings shall be the same as for enforcement of any duly promulgated rule or regulation.
(f) In granting any certificate of exemption, the exemption is to be strictly construed as limited to the language of the exemption. No power or authority that is not expressly stated in the certificate of exemption may be implied.
(g) The department shall frequently determine whether or not any exempted municipality, county or political subdivision meets the terms of the exemption granted and continues to comply with this section. If a determination is made that such municipality, county or political subdivision does not meet the terms of the exemption granted or does not comply with this section, the commissioner, upon reasonable notice to the municipality, county or political subdivision, may suspend the exemption in whole or in part until such time as the municipality, county or political subdivision complies with the state standards.
(h) All certificates of exemption, including those expiring pursuant to subsection (g), shall be for a fixed term not to exceed five (5) years.
Acts 2002, ch. 800, § 23; T.C.A. § 69-11-112 .
Tenn. Code Ann. § 69-5-917 — TN Code / Title 69 / Chapter 5 / Section 69-5-917
Disposition of receipts - Maintenance or administration certificates
Status: in_force

After each monthly settlement has been filed and approved as provided in §§ 69-5-915 and 69-5-916 , the board of directors of the drainage district shall ascertain what part or portion of the money, bonds, coupons, or credit memorandums were received for the preceding month, or prior to that time, on the maintenance or administration assessments, or both, and when so ascertained it shall certify the amount thereof to the county mayor, and the county legislative body is hereby given jurisdiction and authority, upon application of the board of directors, to make such disposition thereof as may seem just and equitable for the benefit and protection of the district and bondholders. The county legislative body may authorize the directors to issue and sell transferable maintenance or administration certificates, or both, against that portion or part of the bonds, coupons or credit memorandums belonging to the maintenance or administration fund as so ascertained by the directors and reported to the county mayor. The certificates, when so authorized, issued and sold, may be tendered to the trustee in settlement of drainage assessments of the district, and it is the duty of the trustee, to whom tender is made, to receive such certificates at face value in the same manner as now provided by law for paying assessments with coupons or bonds, or both. Acts 1935, ch. 159, §3; C. Supp. 1950, § 4292.7 (Williams, § 4244.3); impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §70-1417; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-917.
After each monthly settlement has been filed and approved as provided in §§ 69-5-915 and 69-5-916 , the board of directors of the drainage district shall ascertain what part or portion of the money, bonds, coupons, or credit memorandums were received for the preceding month, or prior to that time, on the maintenance or administration assessments, or both, and when so ascertained it shall certify the amount thereof to the county mayor, and the county legislative body is hereby given jurisdiction and authority, upon application of the board of directors, to make such disposition thereof as may seem just and equitable for the benefit and protection of the district and bondholders. The county legislative body may authorize the directors to issue and sell transferable maintenance or administration certificates, or both, against that portion or part of the bonds, coupons or credit memorandums belonging to the maintenance or administration fund as so ascertained by the directors and reported to the county mayor. The certificates, when so authorized, issued and sold, may be tendered to the trustee in settlement of drainage assessments of the district, and it is the duty of the trustee, to whom tender is made, to receive such certificates at face value in the same manner as now provided by law for paying assessments with coupons or bonds, or both.
Acts 1935, ch. 159, §3; C. Supp. 1950, § 4292.7 (Williams, § 4244.3); impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §70-1417; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-917.
Tenn. Code Ann. § 69-5-108 — TN Code / Title 69 / Chapter 5 / Section 69-5-108
Preliminary hearing - Procedure and decree
Status: in_force

The landowners shall make their appearance and file their objections, if any, on or before twelve o'clock (12:00) noon of the day set for hearing. After the hour fixed for the filing of objections, the court shall proceed to hear and determine the matter of making an assessment to raise a fund for the payment of the preliminary costs and expenses. The court will determine from proof offered, approximately, the amount necessary to cover the cost and expenses, and if the court is of the opinion that it is not expedient to make an assessment for such purposes, the court will so decree; but if the court is of the opinion that it is expedient, the court will make an assessment for the amount determined, upon the respective tracts of land set out in the petition, and make the assessment on the basis of acreage. Acts 1915, ch. 63, §1; Shan., § 3871a11; Code 1932, § 4220; T.C.A. (orig. ed.), § 70-708; T.C.A. § 69-6-108 .
The landowners shall make their appearance and file their objections, if any, on or before twelve o'clock (12:00) noon of the day set for hearing. After the hour fixed for the filing of objections, the court shall proceed to hear and determine the matter of making an assessment to raise a fund for the payment of the preliminary costs and expenses. The court will determine from proof offered, approximately, the amount necessary to cover the cost and expenses, and if the court is of the opinion that it is not expedient to make an assessment for such purposes, the court will so decree; but if the court is of the opinion that it is expedient, the court will make an assessment for the amount determined, upon the respective tracts of land set out in the petition, and make the assessment on the basis of acreage.
Acts 1915, ch. 63, §1; Shan., § 3871a11; Code 1932, § 4220; T.C.A. (orig. ed.), § 70-708; T.C.A. § 69-6-108 .
Tenn. Code Ann. § 69-9-206 — TN Code / Title 69 / Chapter 9 / Section 69-9-206
Identification numbers for vessels - Exceptions
Status: in_force

(a) Every vessel propelled by sail or machinery, or both, upon the waters of Tennessee shall be numbered for identification in accordance with this chapter and the regulations of the commission except: (1) A vessel that has a valid document issued by the bureau of customs of the United States, or any federal agency successor to the bureau of customs must be registered with the agency but is not required to display the identification numbers on the vessel; (2) A vessel with a valid number awarded to it pursuant to federal law or a federally-approved numbering system of another state; unless Tennessee has become the state of principal use and the vessel has been in Tennessee for sixty (60) days; (3) A vessel from a country other than the United States temporarily using the waters of Tennessee; (4) A vessel that is owned by the United States government, a state, or political subdivision of the United States government or a state that is used in the public service; (5) A ship's lifeboat; (6) A motorboat belonging to a class of boats that has been exempted from numbering by the commission after the agency has found that the numbering of motorboats of such class will not materially aid in their identification; and, if an agency of the federal government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the commission has further found that the motorboat would also be exempt from numbering if it were subject to the federal law; or (7) A vessel that is owned by any volunteer rescue squad and used solely in emergency or rescue work and not for private, personal, recreation, or business use. (b) Every such exempt vessel under subsection (a) shall prominently display identification by name on the vessel. Acts 1965, ch. 334, § 6; 1969, ch. 313, § 1; 1972, ch. 616, § 1; 1974, ch. 719, § 2; 1979, ch. 36, § 1; T.C.A., § 70-2206; Acts 2001, ch. 249, §1; T.C.A. § 69-10-206.
(a) Every vessel propelled by sail or machinery, or both, upon the waters of Tennessee shall be numbered for identification in accordance with this chapter and the regulations of the commission except: (1) A vessel that has a valid document issued by the bureau of customs of the United States, or any federal agency successor to the bureau of customs must be registered with the agency but is not required to display the identification numbers on the vessel; (2) A vessel with a valid number awarded to it pursuant to federal law or a federally-approved numbering system of another state; unless Tennessee has become the state of principal use and the vessel has been in Tennessee for sixty (60) days; (3) A vessel from a country other than the United States temporarily using the waters of Tennessee; (4) A vessel that is owned by the United States government, a state, or political subdivision of the United States government or a state that is used in the public service; (5) A ship's lifeboat; (6) A motorboat belonging to a class of boats that has been exempted from numbering by the commission after the agency has found that the numbering of motorboats of such class will not materially aid in their identification; and, if an agency of the federal government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the commission has further found that the motorboat would also be exempt from numbering if it were subject to the federal law; or (7) A vessel that is owned by any volunteer rescue squad and used solely in emergency or rescue work and not for private, personal, recreation, or business use.
(1) A vessel that has a valid document issued by the bureau of customs of the United States, or any federal agency successor to the bureau of customs must be registered with the agency but is not required to display the identification numbers on the vessel;
(2) A vessel with a valid number awarded to it pursuant to federal law or a federally-approved numbering system of another state; unless Tennessee has become the state of principal use and the vessel has been in Tennessee for sixty (60) days;
(3) A vessel from a country other than the United States temporarily using the waters of Tennessee;
(4) A vessel that is owned by the United States government, a state, or political subdivision of the United States government or a state that is used in the public service;
(5) A ship's lifeboat;
(6) A motorboat belonging to a class of boats that has been exempted from numbering by the commission after the agency has found that the numbering of motorboats of such class will not materially aid in their identification; and, if an agency of the federal government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the commission has further found that the motorboat would also be exempt from numbering if it were subject to the federal law; or
(7) A vessel that is owned by any volunteer rescue squad and used solely in emergency or rescue work and not for private, personal, recreation, or business use.
(b) Every such exempt vessel under subsection (a) shall prominently display identification by name on the vessel.
Acts 1965, ch. 334, § 6; 1969, ch. 313, § 1; 1972, ch. 616, § 1; 1974, ch. 719, § 2; 1979, ch. 36, § 1; T.C.A., § 70-2206; Acts 2001, ch. 249, §1; T.C.A. § 69-10-206.
Tenn. Code Ann. § 69-7-211 — TN Code / Title 69 / Chapter 7 / Section 69-7-211
Submission of documents and records to commissioner of environment and conservation
Status: in_force

(a) Prior to October 1, 2000, all persons or entities subject to § 69-7-204(a) that operate an existing inter-basin transfer shall submit flow or pumping records or other documentation that shows to the commissioner of environment and conservation's satisfaction the amount of such transfer. The commissioner shall respond in writing stating whether the documentation was sufficient or specifying any deficiency that shall promptly be corrected. Any failure to comply with this section will constitute a violation of this part. (b) All such persons or entities shall, thereafter, either submit every October 1 a statement under oath certifying that there has been no increase in the inter-basin transfer, together with appropriate documentation, or a timely permit application for any increased inter-basin transfer as provided in § 69-7-204 . Acts 2000, ch. 854, § 13; T.C.A. § 69-8-211.
(a) Prior to October 1, 2000, all persons or entities subject to § 69-7-204(a) that operate an existing inter-basin transfer shall submit flow or pumping records or other documentation that shows to the commissioner of environment and conservation's satisfaction the amount of such transfer. The commissioner shall respond in writing stating whether the documentation was sufficient or specifying any deficiency that shall promptly be corrected. Any failure to comply with this section will constitute a violation of this part.
(b) All such persons or entities shall, thereafter, either submit every October 1 a statement under oath certifying that there has been no increase in the inter-basin transfer, together with appropriate documentation, or a timely permit application for any increased inter-basin transfer as provided in § 69-7-204 .
Acts 2000, ch. 854, § 13; T.C.A. § 69-8-211.
Tenn. Code Ann. § 69-2-108 — TN Code / Title 69 / Chapter 2 / Section 69-2-108
Wharves to be kept in repair
Status: in_force

(a) No owner, lessee, or such owner's or lessee's agent, in charge of a wharf upon any of the rivers of this state, where the same is kept or used for profit, shall be entitled to make and collect any charge whatever for wharfage, or the landing of boats, unless the wharf is, at the time of making such charge, in good repair, macadamized or cobblestoned. When it is not convenient to get stone, the owner of the wharf or bank may use such material as will put and keep the wharf or bank in repair. (b) Failure upon the part of anyone having charge of such wharf to keep the same in repair, as described in this section, is a Class C misdemeanor. Acts 1879, ch. 81, §§ 1, 2; Shan., §§ 3550, 3551; Code 1932 §§ 7973, 7974; T.C.A. (orig. ed.), §§70-208, 70-209; Acts 1989, ch. 591, § 113.
(a) No owner, lessee, or such owner's or lessee's agent, in charge of a wharf upon any of the rivers of this state, where the same is kept or used for profit, shall be entitled to make and collect any charge whatever for wharfage, or the landing of boats, unless the wharf is, at the time of making such charge, in good repair, macadamized or cobblestoned. When it is not convenient to get stone, the owner of the wharf or bank may use such material as will put and keep the wharf or bank in repair.
(b) Failure upon the part of anyone having charge of such wharf to keep the same in repair, as described in this section, is a Class C misdemeanor.
Acts 1879, ch. 81, §§ 1, 2; Shan., §§ 3550, 3551; Code 1932 §§ 7973, 7974; T.C.A. (orig. ed.), §§70-208, 70-209; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 69-6-129 — TN Code / Title 69 / Chapter 6 / Section 69-6-129
District projects or improvements - Petition - Bond
Status: in_force

(a) (1) Before any contract is let or work begun upon any plan, improvement or project within the district, the cost of which, excepting rights-of-way and maintenance, is to be financed by special assessments, by obligations of the district, or by any method of deferred payments, and not exclusively financed by funds on hand, grants in aid, or gifts to the district, there shall be filed by the board of directors of the district in the county court of the county in which the lands embraced in such district are located or in the event the district covers more than one (1) county, in the county court of the county in which the greatest number of acres of land in the district is situated, a petition describing in detail: (A) Such work plan or project; (B) Its scope and geographical location, including starting point, route and terminus; (C) The tracts of land considered to be benefited and in what proportion or ratio, if all of the lands in the district are not benefited by the plan or project; (D) The estimated cost of the project; (E) The economic feasibility of the plan or project; and (F) The proposed method of financing the costs of the plan or project. (2) The petition shall be accompanied by a general plat and general specifications for the plan or project contemplated. (b) A cost or prosecution bond shall be required as in other cases in such court. Acts 1955, ch. 112, § 21; T.C.A., § 70-1829; T.C.A. § 69-7-129.
(a) (1) Before any contract is let or work begun upon any plan, improvement or project within the district, the cost of which, excepting rights-of-way and maintenance, is to be financed by special assessments, by obligations of the district, or by any method of deferred payments, and not exclusively financed by funds on hand, grants in aid, or gifts to the district, there shall be filed by the board of directors of the district in the county court of the county in which the lands embraced in such district are located or in the event the district covers more than one (1) county, in the county court of the county in which the greatest number of acres of land in the district is situated, a petition describing in detail: (A) Such work plan or project; (B) Its scope and geographical location, including starting point, route and terminus; (C) The tracts of land considered to be benefited and in what proportion or ratio, if all of the lands in the district are not benefited by the plan or project; (D) The estimated cost of the project; (E) The economic feasibility of the plan or project; and (F) The proposed method of financing the costs of the plan or project. (2) The petition shall be accompanied by a general plat and general specifications for the plan or project contemplated.
(1) Before any contract is let or work begun upon any plan, improvement or project within the district, the cost of which, excepting rights-of-way and maintenance, is to be financed by special assessments, by obligations of the district, or by any method of deferred payments, and not exclusively financed by funds on hand, grants in aid, or gifts to the district, there shall be filed by the board of directors of the district in the county court of the county in which the lands embraced in such district are located or in the event the district covers more than one (1) county, in the county court of the county in which the greatest number of acres of land in the district is situated, a petition describing in detail: (A) Such work plan or project; (B) Its scope and geographical location, including starting point, route and terminus; (C) The tracts of land considered to be benefited and in what proportion or ratio, if all of the lands in the district are not benefited by the plan or project; (D) The estimated cost of the project; (E) The economic feasibility of the plan or project; and (F) The proposed method of financing the costs of the plan or project.
(A) Such work plan or project;
(B) Its scope and geographical location, including starting point, route and terminus;
(C) The tracts of land considered to be benefited and in what proportion or ratio, if all of the lands in the district are not benefited by the plan or project;
(D) The estimated cost of the project;
(E) The economic feasibility of the plan or project; and
(F) The proposed method of financing the costs of the plan or project.
(2) The petition shall be accompanied by a general plat and general specifications for the plan or project contemplated.
(b) A cost or prosecution bond shall be required as in other cases in such court.
Acts 1955, ch. 112, § 21; T.C.A., § 70-1829; T.C.A. § 69-7-129.
Tenn. Code Ann. § 69-9-220 — TN Code / Title 69 / Chapter 9 / Section 69-9-220
Authority of enforcement officers - Arrest - Inspections - Warning citations - Emergency vessels
Status: in_force

(a) Every wildlife officer and any additional enforcement officers who may be specified by the executive director have the authority to enforce this chapter and, in the exercise of the authority, have the authority to stop and board any vessel subject to this chapter. They may arrest on sight, without warrant, any person detected by them in the act of violating any of the provisions of this chapter. The officer may, without a warrant, arrest a person at the scene of a boating accident who is the operator of a vessel involved in such accident when, based on personal investigation, the officer has probable cause to believe that such person has violated either § 69-9-216(a) , relative to reckless or negligent endangerment or § 69-9-217(a) , relative to boating under the influence. They have the same right as sheriffs to require aid in arresting, with or without process, any person found by them violating any of the provisions of this chapter. (b) No person shall resist, hinder, obstruct, or abuse any law enforcement officer while the officer is attempting to arrest offenders of this chapter or while the officer is making necessary inspections to determine that there is compliance with this chapter. (c) The commission is authorized to provide by duly promulgated regulation a system for issuing warning citations under such conditions as may be deemed proper. (d) This section does not authorize officers to inspect vessels for any purpose other than to determine if the vessels meet the registration and safety requirements of this chapter. (e) Vessels operated by persons commissioned as law enforcement officers as provided in subsection (a), shall be designated as emergency vessels and both the vessel and the law enforcement officer are exempt from normal operating requirements when the vessel is being used for law enforcement purposes. Acts 1965, ch. 334, § 22; 1975, ch. 184, §§ 19, 20; T.C.A., §§ 70-2222, 69-10-218; Acts 1989, ch. 92, § 10; 1992, ch. 601, § 3; 2000, ch. 830, § 3; T.C.A. § 69-10-220.
(a) Every wildlife officer and any additional enforcement officers who may be specified by the executive director have the authority to enforce this chapter and, in the exercise of the authority, have the authority to stop and board any vessel subject to this chapter. They may arrest on sight, without warrant, any person detected by them in the act of violating any of the provisions of this chapter. The officer may, without a warrant, arrest a person at the scene of a boating accident who is the operator of a vessel involved in such accident when, based on personal investigation, the officer has probable cause to believe that such person has violated either § 69-9-216(a) , relative to reckless or negligent endangerment or § 69-9-217(a) , relative to boating under the influence. They have the same right as sheriffs to require aid in arresting, with or without process, any person found by them violating any of the provisions of this chapter.
(b) No person shall resist, hinder, obstruct, or abuse any law enforcement officer while the officer is attempting to arrest offenders of this chapter or while the officer is making necessary inspections to determine that there is compliance with this chapter.
(c) The commission is authorized to provide by duly promulgated regulation a system for issuing warning citations under such conditions as may be deemed proper.
(d) This section does not authorize officers to inspect vessels for any purpose other than to determine if the vessels meet the registration and safety requirements of this chapter.
(e) Vessels operated by persons commissioned as law enforcement officers as provided in subsection (a), shall be designated as emergency vessels and both the vessel and the law enforcement officer are exempt from normal operating requirements when the vessel is being used for law enforcement purposes.
Acts 1965, ch. 334, § 22; 1975, ch. 184, §§ 19, 20; T.C.A., §§ 70-2222, 69-10-218; Acts 1989, ch. 92, § 10; 1992, ch. 601, § 3; 2000, ch. 830, § 3; T.C.A. § 69-10-220.
Tenn. Code Ann. § 69-9-224 — TN Code / Title 69 / Chapter 9 / Section 69-9-224
Termination of unsafe use
Status: in_force

The executive director, or the executive director's designees or officers, upon observing a boat being used without sufficient lifesaving or firefighting devices, or in an overloaded or other unsafe condition, which in such person's judgment creates an especially hazardous condition, may direct the operator to take whatever immediate and reasonable steps would be necessary for the safety of those aboard the vessel, including directing the operator to return to mooring and to remain there until the situation creating the hazard is corrected or ended. Acts 1989, ch. 92, §11; T.C.A. § 69-10-224.
The executive director, or the executive director's designees or officers, upon observing a boat being used without sufficient lifesaving or firefighting devices, or in an overloaded or other unsafe condition, which in such person's judgment creates an especially hazardous condition, may direct the operator to take whatever immediate and reasonable steps would be necessary for the safety of those aboard the vessel, including directing the operator to return to mooring and to remain there until the situation creating the hazard is corrected or ended.
Acts 1989, ch. 92, §11; T.C.A. § 69-10-224.
Tenn. Code Ann. § 69-5-821 — TN Code / Title 69 / Chapter 5 / Section 69-5-821
Bills in name of county against owners of all assessed lands
Status: in_force

Bills in chancery shall be filed in the name of the county in which the lands are situated for the use of the improvement district for the benefit of which the assessments were made, and against the owners, if known, and, if unknown, against them as such; and the owners of all lands upon which such assessments are delinquent may be made defendants to the same bill as parties to the bill. Acts 1909, ch. 185, § 33; Shan., § 3871a125; Code 1932, § 4356; T.C.A. (orig. ed.), § 70-1325; T.C.A. § 69-6-821.
Bills in chancery shall be filed in the name of the county in which the lands are situated for the use of the improvement district for the benefit of which the assessments were made, and against the owners, if known, and, if unknown, against them as such; and the owners of all lands upon which such assessments are delinquent may be made defendants to the same bill as parties to the bill.
Acts 1909, ch. 185, § 33; Shan., § 3871a125; Code 1932, § 4356; T.C.A. (orig. ed.), § 70-1325; T.C.A. § 69-6-821.
Tenn. Code Ann. § 69-11-105 — TN Code / Title 69 / Chapter 11 / Section 69-11-105
Certificates of approval required
Status: in_force

On and after July 1, 1973, no person shall construct, enlarge, repair, alter, remove, maintain, or operate a dam in this state without first obtaining from the commissioner a certificate of approval and safety. Acts 1973, ch. 182, § 4; T.C.A., § 70-2505; T.C.A. § 69-12-105.
On and after July 1, 1973, no person shall construct, enlarge, repair, alter, remove, maintain, or operate a dam in this state without first obtaining from the commissioner a certificate of approval and safety.
Acts 1973, ch. 182, § 4; T.C.A., § 70-2505; T.C.A. § 69-12-105.
Tenn. Code Ann. § 69-9-204 — TN Code / Title 69 / Chapter 9 / Section 69-9-204
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Agency" means the wildlife resources agency; (2) "Anchored" means held in place in the water by an anchor; (3) "Boat" means any vessel: (A) Manufactured or used primarily for noncommercial use; (B) Leased, rented, or chartered to another for the latter's noncommercial use; or (C) Engaged in the carrying of six (6) or fewer passengers; (4) "Commission" means the fish and wildlife commission; (5) "Dealer" means a person engaged in the business of manufacturing, buying, selling or exchanging boats, either outright or on conditional sale, chattel mortgage or other such contract; (6) "Diver" means any person who is wholly or partially submerged in the waters of the state and who is equipped with a face mask and snorkel or underwater breathing apparatus; (7) "Divers-down flag" means a free-flying flag, red in color, with a white diagonal stripe that begins at the top staff-side corner of the flag and extends to the lower opposite corner. The width of the stripe must be twenty-five percent (25%) of the height of the flag; (8) "Drifting" means underway, but proceeding without use of engines, oars or sails, being carried along only by the tide, current or wind; (9) "Executive director" means the executive director of the wildlife resources agency; (10) "Fueling" means any stage of the fueling operation; primarily concerned with introduction of explosive or combustible vapors or liquids on board; (11) "Maneuvering" means changing of course, speed or similar boat handling action; (12) "Mooring" means the act of making fast or securing a boat with lines or anchors, and may also include the place where a boat is secured or made fast; (13) "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion; (14) "Numbered vessel" means an undocumented vessel that is subject to issue or has been issued a certificate of number by the state; (15) "Operate" means to navigate, be in physical control of, or otherwise use a motorboat or a vessel; (16) "Operator" means the person who operates or has charge of the navigation or use of a motorboat or vessel; (17) "Overloading" means excessive loading of a vessel with equipment or persons that causes instability, limited maneuverability, dangerously reduced freeboard or other similar conditions; (18) "Owner" means a person, other than a lienholder, having the property in or title to a motorboat or vessel. "Owner" includes a person entitled to the use or possession of a motorboat or vessel subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but "owner" excludes a lessee under a lease not intended as security; (19) "Person" means an individual, partnership, firm, corporation, association, or other entity; (20) "Registration" means satisfying the requirements for registration prescribed by the commission; (21) "Restricted visibility" means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms or any other similar causes; (22) "Rules of the road" means statutory and regulatory rules governing navigation of vessels; (23) "Sailboat or auxiliary sailboat" means a vessel intended to be propelled primarily by sail, regardless of size or type; (24) "State of principal use" means the state on whose waters a vessel is used, whether moored or underway, or to be used most during a calendar year; (25) "Serious injury" means an injury that requires, or should have required, medical treatment by a physician beyond first aid; (26) "Underwater breathing apparatus" means any apparatus, whether self-contained or connected to a distant source of air or gas, whereby a person wholly or partially submerged in the water is enabled to obtain air or other gases for breathing without returning to the surface of the water; (27) "Underway" means a vessel that is not anchored, moored or aground; (28) "Use" means to operate, navigate or employ; (29) "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water; (30) "Vessel length" means the distance from the vessel's forward end to the after end across the deck down the centerline, excluding the sheer and disregarding bowsprits, bumkins, rudders, outboard motors or similar fittings; (31) "Wakeboarding" means: (A) To use a board with or without foot bindings on which a rider is towed by a motorboat across a wake; or (B) To operate a motorboat in a manner that creates a wake while towing a person using a board with or without foot bindings to be towed by the motorboat across the boat's wake; (32) "Wakesurfing" means: (A) To surf a motorboat's wake, regardless of whether the person is being pulled by a tow rope attached to the motorboat that is producing the wake; or (B) To operate a motorboat in a manner that creates a wake that is, or is intended to be, surfed by another person; and (33) "Waters of Tennessee" means any waters within the territorial limits of this state, except privately owned ponds or lakes not used for commercial purposes. Amended by 2022 Tenn. Acts, ch. 872, s 1, eff. 7/1/2022. Acts 1965, ch. 334, § 4; 1974, ch. 719, § 1; 1975, ch. 87, § 2; 1975, ch. 184, §§ 5-7; T.C.A., § 70-2204; Acts 1984, ch. 732, §1; 1989, ch. 92, §§ 1-3; T.C.A. §69-10-204; Acts 2007 , ch. 185, §§2-4; 2012 , ch. 993, § 10.
As used in this chapter, unless the context otherwise requires:
(1) "Agency" means the wildlife resources agency;
(2) "Anchored" means held in place in the water by an anchor;
(3) "Boat" means any vessel: (A) Manufactured or used primarily for noncommercial use; (B) Leased, rented, or chartered to another for the latter's noncommercial use; or (C) Engaged in the carrying of six (6) or fewer passengers;
(A) Manufactured or used primarily for noncommercial use;
(B) Leased, rented, or chartered to another for the latter's noncommercial use; or
(C) Engaged in the carrying of six (6) or fewer passengers;
(4) "Commission" means the fish and wildlife commission;
(5) "Dealer" means a person engaged in the business of manufacturing, buying, selling or exchanging boats, either outright or on conditional sale, chattel mortgage or other such contract;
(6) "Diver" means any person who is wholly or partially submerged in the waters of the state and who is equipped with a face mask and snorkel or underwater breathing apparatus;
(7) "Divers-down flag" means a free-flying flag, red in color, with a white diagonal stripe that begins at the top staff-side corner of the flag and extends to the lower opposite corner. The width of the stripe must be twenty-five percent (25%) of the height of the flag;
(8) "Drifting" means underway, but proceeding without use of engines, oars or sails, being carried along only by the tide, current or wind;
(9) "Executive director" means the executive director of the wildlife resources agency;
(10) "Fueling" means any stage of the fueling operation; primarily concerned with introduction of explosive or combustible vapors or liquids on board;
(11) "Maneuvering" means changing of course, speed or similar boat handling action;
(12) "Mooring" means the act of making fast or securing a boat with lines or anchors, and may also include the place where a boat is secured or made fast;
(13) "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion;
(14) "Numbered vessel" means an undocumented vessel that is subject to issue or has been issued a certificate of number by the state;
(15) "Operate" means to navigate, be in physical control of, or otherwise use a motorboat or a vessel;
(16) "Operator" means the person who operates or has charge of the navigation or use of a motorboat or vessel;
(17) "Overloading" means excessive loading of a vessel with equipment or persons that causes instability, limited maneuverability, dangerously reduced freeboard or other similar conditions;
(18) "Owner" means a person, other than a lienholder, having the property in or title to a motorboat or vessel. "Owner" includes a person entitled to the use or possession of a motorboat or vessel subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but "owner" excludes a lessee under a lease not intended as security;
(19) "Person" means an individual, partnership, firm, corporation, association, or other entity;
(20) "Registration" means satisfying the requirements for registration prescribed by the commission;
(21) "Restricted visibility" means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms or any other similar causes;
(22) "Rules of the road" means statutory and regulatory rules governing navigation of vessels;
(23) "Sailboat or auxiliary sailboat" means a vessel intended to be propelled primarily by sail, regardless of size or type;
(24) "State of principal use" means the state on whose waters a vessel is used, whether moored or underway, or to be used most during a calendar year;
(25) "Serious injury" means an injury that requires, or should have required, medical treatment by a physician beyond first aid;
(26) "Underwater breathing apparatus" means any apparatus, whether self-contained or connected to a distant source of air or gas, whereby a person wholly or partially submerged in the water is enabled to obtain air or other gases for breathing without returning to the surface of the water;
(27) "Underway" means a vessel that is not anchored, moored or aground;
(28) "Use" means to operate, navigate or employ;
(29) "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;
(30) "Vessel length" means the distance from the vessel's forward end to the after end across the deck down the centerline, excluding the sheer and disregarding bowsprits, bumkins, rudders, outboard motors or similar fittings;
(31) "Wakeboarding" means: (A) To use a board with or without foot bindings on which a rider is towed by a motorboat across a wake; or (B) To operate a motorboat in a manner that creates a wake while towing a person using a board with or without foot bindings to be towed by the motorboat across the boat's wake;
(A) To use a board with or without foot bindings on which a rider is towed by a motorboat across a wake; or
(B) To operate a motorboat in a manner that creates a wake while towing a person using a board with or without foot bindings to be towed by the motorboat across the boat's wake;
(32) "Wakesurfing" means: (A) To surf a motorboat's wake, regardless of whether the person is being pulled by a tow rope attached to the motorboat that is producing the wake; or (B) To operate a motorboat in a manner that creates a wake that is, or is intended to be, surfed by another person; and
(A) To surf a motorboat's wake, regardless of whether the person is being pulled by a tow rope attached to the motorboat that is producing the wake; or
(B) To operate a motorboat in a manner that creates a wake that is, or is intended to be, surfed by another person; and
(33) "Waters of Tennessee" means any waters within the territorial limits of this state, except privately owned ponds or lakes not used for commercial purposes.
Amended by 2022 Tenn. Acts, ch. 872, s 1, eff. 7/1/2022.
Acts 1965, ch. 334, § 4; 1974, ch. 719, § 1; 1975, ch. 87, § 2; 1975, ch. 184, §§ 5-7; T.C.A., § 70-2204; Acts 1984, ch. 732, §1; 1989, ch. 92, §§ 1-3; T.C.A. §69-10-204; Acts 2007 , ch. 185, §§2-4; 2012 , ch. 993, § 10.
Tenn. Code Ann. § 69-7-207 — TN Code / Title 69 / Chapter 7 / Section 69-7-207
Duties and powers of board of water quality, oil and gas
Status: in_force

In addition to powers under all other statutes, including, but not limited to, the Water Quality Control Act, compiled in chapter 3, part 1 of this title, and the Safe Drinking Water Act, compiled in title 68, chapter 221, part 7, the board of water quality, oil and gas, created by § 69-3-104 , has the following powers and duties under this part: (1) To promulgate rules to be effective by October 1, 2000, to effectuate the purposes of this part including, but not limited to: (A) Defining necessary terms; (B) Setting criteria for permit issuance and denial as well as for permit conditions, taking into account all appropriate factors including, but not limited to, existing uses downstream of a proposed withdrawal, low flow conditions, classified uses of the stream under the Water Quality Control Act, climatic conditions, alternatives to the proposed withdrawal, the number of downstream river miles from which water will be diverted as a result of the transfer, quantity of a proposed withdrawal, and quantity and location of water returned; (C) Establishing procedures for permit issuance, including application fees for permits under this part, categories of withdrawals for which general permits would be appropriate, requirements for public notice, including notice to potentially affected communities and water users and notice to the public of receipt of a permit application within thirty (30) days of receipt, and opportunity for public comment and public hearings; (2) To hear appeals from assessments of civil penalty assessments; and (3) To hold a contested case hearing concerning the commissioner's issuance or denial of a permit, upon receiving a petition for permit appeal. During this hearing, the board shall review the commissioner's permit decision and may reverse or modify the decision upon finding that it does not comply with any provisions of this part. A petition for permit appeal may be filed pursuant to this subdivision (3) by the permit applicant, or by any aggrieved person who participated in the public comment period or gave testimony at a formal public hearing, whose appeal is based upon any of the issues that were provided to the commissioner in writing during the public comment period or in testimony at a formal public hearing on the permit application. Any petition for permit appeal under this subdivision (3) shall be filed with the board within thirty (30) days after public notice of the commissioner's decision to issue or deny the permit. Notwithstanding §§ 4-5-223 or 69-3-118(a) , or any other law to the contrary, this subdivision (3) shall be the exclusive means for obtaining administrative review of the commissioner's issuance or denial of a permit. Amended by 2018 Tenn. Acts, ch. 839, s 37, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Acts 2000, ch. 854, §8; T.C.A. § 69-8-207; Acts 2005, ch. 325, § 2.
In addition to powers under all other statutes, including, but not limited to, the Water Quality Control Act, compiled in chapter 3, part 1 of this title, and the Safe Drinking Water Act, compiled in title 68, chapter 221, part 7, the board of water quality, oil and gas, created by § 69-3-104 , has the following powers and duties under this part:
(1) To promulgate rules to be effective by October 1, 2000, to effectuate the purposes of this part including, but not limited to: (A) Defining necessary terms; (B) Setting criteria for permit issuance and denial as well as for permit conditions, taking into account all appropriate factors including, but not limited to, existing uses downstream of a proposed withdrawal, low flow conditions, classified uses of the stream under the Water Quality Control Act, climatic conditions, alternatives to the proposed withdrawal, the number of downstream river miles from which water will be diverted as a result of the transfer, quantity of a proposed withdrawal, and quantity and location of water returned; (C) Establishing procedures for permit issuance, including application fees for permits under this part, categories of withdrawals for which general permits would be appropriate, requirements for public notice, including notice to potentially affected communities and water users and notice to the public of receipt of a permit application within thirty (30) days of receipt, and opportunity for public comment and public hearings;
(A) Defining necessary terms;
(B) Setting criteria for permit issuance and denial as well as for permit conditions, taking into account all appropriate factors including, but not limited to, existing uses downstream of a proposed withdrawal, low flow conditions, classified uses of the stream under the Water Quality Control Act, climatic conditions, alternatives to the proposed withdrawal, the number of downstream river miles from which water will be diverted as a result of the transfer, quantity of a proposed withdrawal, and quantity and location of water returned;
(C) Establishing procedures for permit issuance, including application fees for permits under this part, categories of withdrawals for which general permits would be appropriate, requirements for public notice, including notice to potentially affected communities and water users and notice to the public of receipt of a permit application within thirty (30) days of receipt, and opportunity for public comment and public hearings;
(2) To hear appeals from assessments of civil penalty assessments; and
(3) To hold a contested case hearing concerning the commissioner's issuance or denial of a permit, upon receiving a petition for permit appeal. During this hearing, the board shall review the commissioner's permit decision and may reverse or modify the decision upon finding that it does not comply with any provisions of this part. A petition for permit appeal may be filed pursuant to this subdivision (3) by the permit applicant, or by any aggrieved person who participated in the public comment period or gave testimony at a formal public hearing, whose appeal is based upon any of the issues that were provided to the commissioner in writing during the public comment period or in testimony at a formal public hearing on the permit application. Any petition for permit appeal under this subdivision (3) shall be filed with the board within thirty (30) days after public notice of the commissioner's decision to issue or deny the permit. Notwithstanding §§ 4-5-223 or 69-3-118(a) , or any other law to the contrary, this subdivision (3) shall be the exclusive means for obtaining administrative review of the commissioner's issuance or denial of a permit.
Amended by 2018 Tenn. Acts, ch. 839, s 37, eff. eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.
Acts 2000, ch. 854, §8; T.C.A. § 69-8-207; Acts 2005, ch. 325, § 2.
Tenn. Code Ann. § 69-10-103 — TN Code / Title 69 / Chapter 10 / Section 69-10-103
Drilling requirements - Inspections
Status: in_force

(a) It is unlawful, and a violation of this chapter, for any person to drill a water well or geothermal well within this state, unless the following provisions are complied with: (1) The driller of such well shall be licensed as provided in § 69-10-102 ; (2) The driller shall, at all times during the drilling of such well, keep posted in a conspicuous location, at or near the well being drilled, a copy of the appropriate license; and (3) The driller of a water well or geothermal well, after the completion of the drilling of each well, shall deliver to the commissioner upon forms to be supplied by the commissioner, a report of well driller by a date determined by the commissioner to contain at least the following information: (A) The name and address of the well owner; (B) The location of the well; (C) The date upon which the well was completed; and (D) The log of the well. (b) The commissioner shall have the authority to inspect and approve or disapprove, based on the requirements of this chapter, the drilling of any water well or geothermal well, the installation and repair of well pumps or water treatment devices, the installation and repair of all conduits, valves, or other appurtenances that convey water between the well and any building, structure or any water discharge point. (c) All water wells and geothermal wells shall be drilled, dug, constructed, altered, maintained, and closed in accordance with all standards and requirements established by rules promulgated under this chapter. Acts 1963, ch. 325, § 3; 1973, ch. 346, § 1; T.C.A., § 70-2303; Acts 1984, ch. 784, §3; 1988, ch. 892, § 1; 2002, ch. 800, § 14; T.C.A. § 69-11-103 .
(a) It is unlawful, and a violation of this chapter, for any person to drill a water well or geothermal well within this state, unless the following provisions are complied with: (1) The driller of such well shall be licensed as provided in § 69-10-102 ; (2) The driller shall, at all times during the drilling of such well, keep posted in a conspicuous location, at or near the well being drilled, a copy of the appropriate license; and (3) The driller of a water well or geothermal well, after the completion of the drilling of each well, shall deliver to the commissioner upon forms to be supplied by the commissioner, a report of well driller by a date determined by the commissioner to contain at least the following information: (A) The name and address of the well owner; (B) The location of the well; (C) The date upon which the well was completed; and (D) The log of the well.
(1) The driller of such well shall be licensed as provided in § 69-10-102 ;
(2) The driller shall, at all times during the drilling of such well, keep posted in a conspicuous location, at or near the well being drilled, a copy of the appropriate license; and
(3) The driller of a water well or geothermal well, after the completion of the drilling of each well, shall deliver to the commissioner upon forms to be supplied by the commissioner, a report of well driller by a date determined by the commissioner to contain at least the following information: (A) The name and address of the well owner; (B) The location of the well; (C) The date upon which the well was completed; and (D) The log of the well.
(A) The name and address of the well owner;
(B) The location of the well;
(C) The date upon which the well was completed; and
(D) The log of the well.
(b) The commissioner shall have the authority to inspect and approve or disapprove, based on the requirements of this chapter, the drilling of any water well or geothermal well, the installation and repair of well pumps or water treatment devices, the installation and repair of all conduits, valves, or other appurtenances that convey water between the well and any building, structure or any water discharge point.
(c) All water wells and geothermal wells shall be drilled, dug, constructed, altered, maintained, and closed in accordance with all standards and requirements established by rules promulgated under this chapter.
Acts 1963, ch. 325, § 3; 1973, ch. 346, § 1; T.C.A., § 70-2303; Acts 1984, ch. 784, §3; 1988, ch. 892, § 1; 2002, ch. 800, § 14; T.C.A. § 69-11-103 .
Tenn. Code Ann. § 69-3-105 — TN Code / Title 69 / Chapter 3 / Section 69-3-105
Duties and authority of the board
Status: in_force

(a) (1) The board has and shall exercise the power, duty, and responsibility to establish and adopt standards of quality for all waters of the state. (2) The general assembly recognizes that, due to various factors, no single standard of quality and purity is applicable to all waters of the state or to different segments of the same waters. It also recognizes the suitability of certain geologic formations for the placement of fluids and other substances through underground injection; provided, that adequate protection can be afforded the geologic formations. The board shall classify all waters of the state and adopt water quality standards pursuant to such classifications. Such classifications shall be made in accordance with the declaration of policy and purpose in § 69-3-102 . In preparing the classification of waters and the standards of quality mentioned above, the board shall give consideration to: (A) The size, depth, surface area covered, volume, direction and rate of flow, stream gradient, and temperature of the water; (B) The character of the land bordering, overlying or underlying the waters of the state and its particular suitability for particular uses, with a view to conserving the value of that land, encouraging the most appropriate use of the same for economic, residential, agricultural, industrial, recreational and conservation purposes; (C) The past, present, and potential uses of the waters for transportation, domestic and industrial consumption, recreation, fishing and fish culture, fire prevention, the disposal of sewage, industrial and other wastes, and other possible uses. (3) The state water quality plan provided for in subsection (e) shall contain standards of quality and purity for each of the various classes of water in accordance with the best interests of the public. In preparing such standards, the board shall give due consideration to all physical, chemical, biological, bacteriological, or radiological properties that may be necessary for preserving the quality and purity of the waters of the state. (4) The board may amend and revise such standards and classifications, including revisions to improve and upgrade the quality of water. (b) The board has and shall exercise the power, duty, and responsibility to adopt, modify, repeal, promulgate after due notice and enforce rules and regulations that the board deems necessary for the proper administration of this part, the prevention, control, and abatement of pollution, or the modification of classifications and the upgrading of the standards of quality in accordance with subsection (a). (c) The board has and shall exercise the power, duty, and responsibility to adopt, modify, repeal, and promulgate, after due notice, all necessary rules and regulations for the purpose of controlling the discharge of sewage, other wastes, and other substances from any boats. (d) Prior to classifying or reclassifying waters of the state, or adopting, amending, or revising standards of quality for waters of the state, or promulgating, adopting, modifying, or repealing rules and regulations, or adopting, amending, or revising water quality plans, or area-wide waste treatment plans, the board shall conduct, or cause to be conducted, public hearings in connection therewith. Notice of any public hearing shall be given not less than thirty (30) days before the date of such hearing and shall state the date, time, and place of hearing, and the subject of the hearing. Any such notice shall be published at least once in one (1) newspaper of general public circulation circulated within the area of the state in which the water affected is located. Any person within the area of the state in which the water affected is located may contact the board and request to be placed on a notification registry, which includes such person's full name, mailing address, and telephone number. The board shall notify in writing all persons on such notification registry as to the date, time, and place of hearing, and the subject of the hearing, ten (10) days before the hearing. Any person who desires to be heard relative to water quality matters at any such public hearing shall give notice thereof in writing to the board on or before the first date set for the hearing. The board is authorized to set reasonable time limits for the oral presentation of views by any person at any such public hearing. (e) (1) The board has and shall exercise the power, duty, and responsibility to proceed without delay to formulate and adopt a state water quality plan, which shall consist of the following: (A) Water quality standards as outlined in subsection (a); (B) Water quality objectives for planning and operation of water resource development projects, for water quality control activities, and for the improvement of existing water quality; (C) Other principles and guidelines deemed essential by the board of water quality, oil and gas; and (D) A program of implementation for those waters that do not presently meet established water quality standards. (2) The state water quality plan shall be reviewed at least biennially and may be revised. During the process of formulating or revising the state water quality plan, the board shall consult with and carefully evaluate the recommendations of concerned federal, state, and local agencies. (f) The board has and shall exercise the power, duty, and responsibility to: (1) Hear appeals as specified in subsection (i) from administrative judges' orders assessing penalties or damages, or issuing, denying, revoking or modifying a permit; and (2) Affirm, modify, or revoke such orders, as specified in subsection (i). (g) The board has and shall exercise the power, duty, and responsibility to require the technical secretary to carry out surveys, research, and investigations into all aspects of water use and water quality. (h) (1) The board has and shall exercise the power, duty, and responsibility to adopt, modify, repeal, and promulgate all necessary rules and regulations for the purpose of establishing and administering a comprehensive permit program that will enable the department of environment and conservation to be designated by the United States environmental protection agency as authorized to issue permits under the national pollutant discharge elimination system (NPDES) established by § 402 of the Federal Water Pollution Control Act, P.L. 92-500 ( 33 U.S.C. § 1342 ). (2) Such rules and regulations shall include provisions for: (A) Forms and procedures for permit applications; (B) Public notice and opportunity for public hearing on permit applications; (C) Promulgation and application in permits of effluent standards and limitations, water quality standards, schedules of compliance, and such other terms and conditions as are necessary to implement this part; (D) Monitoring and inspecting effluent discharges or treatment facilities and recording and reporting the results; (E) Enforcement of this part, rules and regulations promulgated under it, and the terms and conditions of permits; and (F) Adoption and enforcement of permits that have been issued by the United States environmental protection agency pursuant to § 402 of the Federal Water Pollution Control Act, P.L. 92-500. (i) A petition for permit appeal may be filed by the permit applicant or by any aggrieved person who participated in the public comment period or gave testimony at a formal public hearing whose appeal is based upon any of the issues that were provided to the commissioner in writing during the public comment period or in testimony at a formal public hearing on the permit application. Additionally, for those permits for which the department gives public notice of a draft permit, any permit applicant or aggrieved person may base a permit appeal on any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment. Any petition for permit appeal under this subsection (i) shall be filed with the board within thirty (30) days after public notice of the commissioner's decision to issue or deny the permit. Notwithstanding § 4-5-223 or § 69-3-118(a) , or any other law to the contrary, this subsection (i) and the established procedures of Tennessee's antidegradation statement, found in the rules promulgated by the department, shall be the exclusive means for obtaining administrative review of the commissioner's issuance or denial of a permit. When such a petition is timely filed, the procedure for conducting the contested case shall be in accordance with § 69-3-110(a) . (j) The board has and shall exercise the power, duty, and responsibility to adopt, modify, repeal, and promulgate all necessary rules and regulations that the board deems necessary relating to the underground placement of fluids and other substances that do or may affect the waters of the state. (k) (1) Notwithstanding any other provisions of this title to the contrary, waters that are in areas of swamped-out bottomland hardwoods or swamped-out cropland shall be classified as protective of wildlife and humans that may come into contact with them, and shall maintain standards applicable to all downstream waters, but shall not be classified for the protection of fish and aquatic life. (2) As used in this subsection (k): (A) "Swamped-out bottomland hardwood" means an area subject to inundation or ponding of surface water that has resulted, or is resulting, in timber mortality or stress. The term does not include areas with a dominance of cypress or tupelo gum trees or areas in which the majority of the timber died prior to 1970; and (B) "Swamped-out cropland" means an area that was previously in row crop cultivation or pasture, but can no longer be used for such purpose due to inundation or ponding of surface water. "Swamped-out cropland" does not include wetland areas that have not been cultivated or in pasture since 1970 because of inundation or ponding of surface water. (l) (1) The board shall promulgate rules creating a system of incentives for alternatives to discharges to surface waters, such as land application and beneficial reuse of the wastewater. (2) For the purpose of this subsection ( l ), "system of incentives" includes regulatory flexibility recognizing increased environmental performance and enhanced water quality under specified permitted activities through permit conditions pursuant to duly promulgated rules. (m) The commissioner shall develop and submit to the board proposed rules necessary for accurate and consistent wet weather conveyance determinations. These rules shall include at a minimum: (1) Standard procedures for making stream and wet weather conveyance determinations that take into consideration biology, geology, geomorphology, precipitation, hydrology and other scientifically based principles; and (2) A certification program for department staff and other persons who wish to become certified hydrologic professionals. Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021. Amended by 2021 Tenn. Acts, ch. 263, s 1, eff. 4/28/2021. Amended by 2013 Tenn. Acts, ch. 181, s 13, eff. 7/1/2013. Acts 1971, ch. 164, § 5; 1977, ch. 366, § 1; T.C.A., § 70-328(a); Acts 1984, ch. 804, § 3; 1988, ch. 688, §§ 4, 8; 1991, ch. 123, §1; 1992, ch. 693, § 1; 1998, ch. 643, § 1; 2005, ch. 355, §1; 2007 , ch. 362, §36; 2009 , ch. 271, §2; 2009 , ch. 464, § 3.
(a) (1) The board has and shall exercise the power, duty, and responsibility to establish and adopt standards of quality for all waters of the state. (2) The general assembly recognizes that, due to various factors, no single standard of quality and purity is applicable to all waters of the state or to different segments of the same waters. It also recognizes the suitability of certain geologic formations for the placement of fluids and other substances through underground injection; provided, that adequate protection can be afforded the geologic formations. The board shall classify all waters of the state and adopt water quality standards pursuant to such classifications. Such classifications shall be made in accordance with the declaration of policy and purpose in § 69-3-102 . In preparing the classification of waters and the standards of quality mentioned above, the board shall give consideration to: (A) The size, depth, surface area covered, volume, direction and rate of flow, stream gradient, and temperature of the water; (B) The character of the land bordering, overlying or underlying the waters of the state and its particular suitability for particular uses, with a view to conserving the value of that land, encouraging the most appropriate use of the same for economic, residential, agricultural, industrial, recreational and conservation purposes; (C) The past, present, and potential uses of the waters for transportation, domestic and industrial consumption, recreation, fishing and fish culture, fire prevention, the disposal of sewage, industrial and other wastes, and other possible uses. (3) The state water quality plan provided for in subsection (e) shall contain standards of quality and purity for each of the various classes of water in accordance with the best interests of the public. In preparing such standards, the board shall give due consideration to all physical, chemical, biological, bacteriological, or radiological properties that may be necessary for preserving the quality and purity of the waters of the state. (4) The board may amend and revise such standards and classifications, including revisions to improve and upgrade the quality of water.
(1) The board has and shall exercise the power, duty, and responsibility to establish and adopt standards of quality for all waters of the state.
(2) The general assembly recognizes that, due to various factors, no single standard of quality and purity is applicable to all waters of the state or to different segments of the same waters. It also recognizes the suitability of certain geologic formations for the placement of fluids and other substances through underground injection; provided, that adequate protection can be afforded the geologic formations. The board shall classify all waters of the state and adopt water quality standards pursuant to such classifications. Such classifications shall be made in accordance with the declaration of policy and purpose in § 69-3-102 . In preparing the classification of waters and the standards of quality mentioned above, the board shall give consideration to: (A) The size, depth, surface area covered, volume, direction and rate of flow, stream gradient, and temperature of the water; (B) The character of the land bordering, overlying or underlying the waters of the state and its particular suitability for particular uses, with a view to conserving the value of that land, encouraging the most appropriate use of the same for economic, residential, agricultural, industrial, recreational and conservation purposes; (C) The past, present, and potential uses of the waters for transportation, domestic and industrial consumption, recreation, fishing and fish culture, fire prevention, the disposal of sewage, industrial and other wastes, and other possible uses.
(A) The size, depth, surface area covered, volume, direction and rate of flow, stream gradient, and temperature of the water;
(B) The character of the land bordering, overlying or underlying the waters of the state and its particular suitability for particular uses, with a view to conserving the value of that land, encouraging the most appropriate use of the same for economic, residential, agricultural, industrial, recreational and conservation purposes;
(C) The past, present, and potential uses of the waters for transportation, domestic and industrial consumption, recreation, fishing and fish culture, fire prevention, the disposal of sewage, industrial and other wastes, and other possible uses.
(3) The state water quality plan provided for in subsection (e) shall contain standards of quality and purity for each of the various classes of water in accordance with the best interests of the public. In preparing such standards, the board shall give due consideration to all physical, chemical, biological, bacteriological, or radiological properties that may be necessary for preserving the quality and purity of the waters of the state.
(4) The board may amend and revise such standards and classifications, including revisions to improve and upgrade the quality of water.
(b) The board has and shall exercise the power, duty, and responsibility to adopt, modify, repeal, promulgate after due notice and enforce rules and regulations that the board deems necessary for the proper administration of this part, the prevention, control, and abatement of pollution, or the modification of classifications and the upgrading of the standards of quality in accordance with subsection (a).
(c) The board has and shall exercise the power, duty, and responsibility to adopt, modify, repeal, and promulgate, after due notice, all necessary rules and regulations for the purpose of controlling the discharge of sewage, other wastes, and other substances from any boats.
(d) Prior to classifying or reclassifying waters of the state, or adopting, amending, or revising standards of quality for waters of the state, or promulgating, adopting, modifying, or repealing rules and regulations, or adopting, amending, or revising water quality plans, or area-wide waste treatment plans, the board shall conduct, or cause to be conducted, public hearings in connection therewith. Notice of any public hearing shall be given not less than thirty (30) days before the date of such hearing and shall state the date, time, and place of hearing, and the subject of the hearing. Any such notice shall be published at least once in one (1) newspaper of general public circulation circulated within the area of the state in which the water affected is located. Any person within the area of the state in which the water affected is located may contact the board and request to be placed on a notification registry, which includes such person's full name, mailing address, and telephone number. The board shall notify in writing all persons on such notification registry as to the date, time, and place of hearing, and the subject of the hearing, ten (10) days before the hearing. Any person who desires to be heard relative to water quality matters at any such public hearing shall give notice thereof in writing to the board on or before the first date set for the hearing. The board is authorized to set reasonable time limits for the oral presentation of views by any person at any such public hearing.
(e) (1) The board has and shall exercise the power, duty, and responsibility to proceed without delay to formulate and adopt a state water quality plan, which shall consist of the following: (A) Water quality standards as outlined in subsection (a); (B) Water quality objectives for planning and operation of water resource development projects, for water quality control activities, and for the improvement of existing water quality; (C) Other principles and guidelines deemed essential by the board of water quality, oil and gas; and (D) A program of implementation for those waters that do not presently meet established water quality standards. (2) The state water quality plan shall be reviewed at least biennially and may be revised. During the process of formulating or revising the state water quality plan, the board shall consult with and carefully evaluate the recommendations of concerned federal, state, and local agencies.
(1) The board has and shall exercise the power, duty, and responsibility to proceed without delay to formulate and adopt a state water quality plan, which shall consist of the following: (A) Water quality standards as outlined in subsection (a); (B) Water quality objectives for planning and operation of water resource development projects, for water quality control activities, and for the improvement of existing water quality; (C) Other principles and guidelines deemed essential by the board of water quality, oil and gas; and (D) A program of implementation for those waters that do not presently meet established water quality standards.
(A) Water quality standards as outlined in subsection (a);
(B) Water quality objectives for planning and operation of water resource development projects, for water quality control activities, and for the improvement of existing water quality;
(C) Other principles and guidelines deemed essential by the board of water quality, oil and gas; and
(D) A program of implementation for those waters that do not presently meet established water quality standards.
(2) The state water quality plan shall be reviewed at least biennially and may be revised. During the process of formulating or revising the state water quality plan, the board shall consult with and carefully evaluate the recommendations of concerned federal, state, and local agencies.
(f) The board has and shall exercise the power, duty, and responsibility to: (1) Hear appeals as specified in subsection (i) from administrative judges' orders assessing penalties or damages, or issuing, denying, revoking or modifying a permit; and (2) Affirm, modify, or revoke such orders, as specified in subsection (i).
(1) Hear appeals as specified in subsection (i) from administrative judges' orders assessing penalties or damages, or issuing, denying, revoking or modifying a permit; and
(2) Affirm, modify, or revoke such orders, as specified in subsection (i).
(g) The board has and shall exercise the power, duty, and responsibility to require the technical secretary to carry out surveys, research, and investigations into all aspects of water use and water quality.
(h) (1) The board has and shall exercise the power, duty, and responsibility to adopt, modify, repeal, and promulgate all necessary rules and regulations for the purpose of establishing and administering a comprehensive permit program that will enable the department of environment and conservation to be designated by the United States environmental protection agency as authorized to issue permits under the national pollutant discharge elimination system (NPDES) established by § 402 of the Federal Water Pollution Control Act, P.L. 92-500 ( 33 U.S.C. § 1342 ). (2) Such rules and regulations shall include provisions for: (A) Forms and procedures for permit applications; (B) Public notice and opportunity for public hearing on permit applications; (C) Promulgation and application in permits of effluent standards and limitations, water quality standards, schedules of compliance, and such other terms and conditions as are necessary to implement this part; (D) Monitoring and inspecting effluent discharges or treatment facilities and recording and reporting the results; (E) Enforcement of this part, rules and regulations promulgated under it, and the terms and conditions of permits; and (F) Adoption and enforcement of permits that have been issued by the United States environmental protection agency pursuant to § 402 of the Federal Water Pollution Control Act, P.L. 92-500.
(1) The board has and shall exercise the power, duty, and responsibility to adopt, modify, repeal, and promulgate all necessary rules and regulations for the purpose of establishing and administering a comprehensive permit program that will enable the department of environment and conservation to be designated by the United States environmental protection agency as authorized to issue permits under the national pollutant discharge elimination system (NPDES) established by § 402 of the Federal Water Pollution Control Act, P.L. 92-500 ( 33 U.S.C. § 1342 ).
(2) Such rules and regulations shall include provisions for: (A) Forms and procedures for permit applications; (B) Public notice and opportunity for public hearing on permit applications; (C) Promulgation and application in permits of effluent standards and limitations, water quality standards, schedules of compliance, and such other terms and conditions as are necessary to implement this part; (D) Monitoring and inspecting effluent discharges or treatment facilities and recording and reporting the results; (E) Enforcement of this part, rules and regulations promulgated under it, and the terms and conditions of permits; and (F) Adoption and enforcement of permits that have been issued by the United States environmental protection agency pursuant to § 402 of the Federal Water Pollution Control Act, P.L. 92-500.
(A) Forms and procedures for permit applications;
(B) Public notice and opportunity for public hearing on permit applications;
(C) Promulgation and application in permits of effluent standards and limitations, water quality standards, schedules of compliance, and such other terms and conditions as are necessary to implement this part;
(D) Monitoring and inspecting effluent discharges or treatment facilities and recording and reporting the results;
(E) Enforcement of this part, rules and regulations promulgated under it, and the terms and conditions of permits; and
(F) Adoption and enforcement of permits that have been issued by the United States environmental protection agency pursuant to § 402 of the Federal Water Pollution Control Act, P.L. 92-500.
(i) A petition for permit appeal may be filed by the permit applicant or by any aggrieved person who participated in the public comment period or gave testimony at a formal public hearing whose appeal is based upon any of the issues that were provided to the commissioner in writing during the public comment period or in testimony at a formal public hearing on the permit application. Additionally, for those permits for which the department gives public notice of a draft permit, any permit applicant or aggrieved person may base a permit appeal on any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment. Any petition for permit appeal under this subsection (i) shall be filed with the board within thirty (30) days after public notice of the commissioner's decision to issue or deny the permit. Notwithstanding § 4-5-223 or § 69-3-118(a) , or any other law to the contrary, this subsection (i) and the established procedures of Tennessee's antidegradation statement, found in the rules promulgated by the department, shall be the exclusive means for obtaining administrative review of the commissioner's issuance or denial of a permit. When such a petition is timely filed, the procedure for conducting the contested case shall be in accordance with § 69-3-110(a) .
(j) The board has and shall exercise the power, duty, and responsibility to adopt, modify, repeal, and promulgate all necessary rules and regulations that the board deems necessary relating to the underground placement of fluids and other substances that do or may affect the waters of the state.
(k) (1) Notwithstanding any other provisions of this title to the contrary, waters that are in areas of swamped-out bottomland hardwoods or swamped-out cropland shall be classified as protective of wildlife and humans that may come into contact with them, and shall maintain standards applicable to all downstream waters, but shall not be classified for the protection of fish and aquatic life. (2) As used in this subsection (k): (A) "Swamped-out bottomland hardwood" means an area subject to inundation or ponding of surface water that has resulted, or is resulting, in timber mortality or stress. The term does not include areas with a dominance of cypress or tupelo gum trees or areas in which the majority of the timber died prior to 1970; and (B) "Swamped-out cropland" means an area that was previously in row crop cultivation or pasture, but can no longer be used for such purpose due to inundation or ponding of surface water. "Swamped-out cropland" does not include wetland areas that have not been cultivated or in pasture since 1970 because of inundation or ponding of surface water.
(1) Notwithstanding any other provisions of this title to the contrary, waters that are in areas of swamped-out bottomland hardwoods or swamped-out cropland shall be classified as protective of wildlife and humans that may come into contact with them, and shall maintain standards applicable to all downstream waters, but shall not be classified for the protection of fish and aquatic life.
(2) As used in this subsection (k): (A) "Swamped-out bottomland hardwood" means an area subject to inundation or ponding of surface water that has resulted, or is resulting, in timber mortality or stress. The term does not include areas with a dominance of cypress or tupelo gum trees or areas in which the majority of the timber died prior to 1970; and (B) "Swamped-out cropland" means an area that was previously in row crop cultivation or pasture, but can no longer be used for such purpose due to inundation or ponding of surface water. "Swamped-out cropland" does not include wetland areas that have not been cultivated or in pasture since 1970 because of inundation or ponding of surface water.
(A) "Swamped-out bottomland hardwood" means an area subject to inundation or ponding of surface water that has resulted, or is resulting, in timber mortality or stress. The term does not include areas with a dominance of cypress or tupelo gum trees or areas in which the majority of the timber died prior to 1970; and
(B) "Swamped-out cropland" means an area that was previously in row crop cultivation or pasture, but can no longer be used for such purpose due to inundation or ponding of surface water. "Swamped-out cropland" does not include wetland areas that have not been cultivated or in pasture since 1970 because of inundation or ponding of surface water.
(l) (1) The board shall promulgate rules creating a system of incentives for alternatives to discharges to surface waters, such as land application and beneficial reuse of the wastewater. (2) For the purpose of this subsection ( l ), "system of incentives" includes regulatory flexibility recognizing increased environmental performance and enhanced water quality under specified permitted activities through permit conditions pursuant to duly promulgated rules.
(1) The board shall promulgate rules creating a system of incentives for alternatives to discharges to surface waters, such as land application and beneficial reuse of the wastewater.
(2) For the purpose of this subsection ( l ), "system of incentives" includes regulatory flexibility recognizing increased environmental performance and enhanced water quality under specified permitted activities through permit conditions pursuant to duly promulgated rules.
(m) The commissioner shall develop and submit to the board proposed rules necessary for accurate and consistent wet weather conveyance determinations. These rules shall include at a minimum: (1) Standard procedures for making stream and wet weather conveyance determinations that take into consideration biology, geology, geomorphology, precipitation, hydrology and other scientifically based principles; and (2) A certification program for department staff and other persons who wish to become certified hydrologic professionals.
(1) Standard procedures for making stream and wet weather conveyance determinations that take into consideration biology, geology, geomorphology, precipitation, hydrology and other scientifically based principles; and
(2) A certification program for department staff and other persons who wish to become certified hydrologic professionals.
Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021.
Amended by 2021 Tenn. Acts, ch. 263, s 1, eff. 4/28/2021.
Amended by 2013 Tenn. Acts, ch. 181, s 13, eff. 7/1/2013.
Acts 1971, ch. 164, § 5; 1977, ch. 366, § 1; T.C.A., § 70-328(a); Acts 1984, ch. 804, § 3; 1988, ch. 688, §§ 4, 8; 1991, ch. 123, §1; 1992, ch. 693, § 1; 1998, ch. 643, § 1; 2005, ch. 355, §1; 2007 , ch. 362, §36; 2009 , ch. 271, §2; 2009 , ch. 464, § 3.
Tenn. Code Ann. § 69-5-141 — TN Code / Title 69 / Chapter 5 / Section 69-5-141
Fees of clerk
Status: in_force

The fees of the county clerk in proceedings under this chapter shall be the same as for similar services now allowed by law, and in such case the county court may allow the clerk an additional sum for extra services, or services not covered by existing fee bills, or statutes, to be fixed by the court, and paid as other costs and expenses in the case or proceeding. Acts 1909, ch. 185, § 16; Shan., § 3871a75; Code 1932, § 4303; T.C.A. (orig. ed.), § 70-749; T.C.A. § 69-6-141 .
The fees of the county clerk in proceedings under this chapter shall be the same as for similar services now allowed by law, and in such case the county court may allow the clerk an additional sum for extra services, or services not covered by existing fee bills, or statutes, to be fixed by the court, and paid as other costs and expenses in the case or proceeding.
Acts 1909, ch. 185, § 16; Shan., § 3871a75; Code 1932, § 4303; T.C.A. (orig. ed.), § 70-749; T.C.A. § 69-6-141 .
Tenn. Code Ann. § 69-8-104 — TN Code / Title 69 / Chapter 8 / Section 69-8-104
Unlawful to obligate state in excess of appropriation for biennium
Status: in_force

(a) It is unlawful for any member of the authority representing the state of Tennessee either to make any agreement or to create any obligation or to commit the state for any funds, moneys, or property in excess of the amounts on hand or the amount of the appropriation for the biennium, or either. 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. (b) A violation of this section is a Class C misdemeanor. Acts 1959, ch. 55, §4; T.C.A., § 70-2104; Acts 1989, ch. 591, § 113; T.C.A. § 69-9-104.
(a) It is unlawful for any member of the authority representing the state of Tennessee either to make any agreement or to create any obligation or to commit the state for any funds, moneys, or property in excess of the amounts on hand or the amount of the appropriation for the biennium, or either. 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.
(b) A violation of this section is a Class C misdemeanor.
Acts 1959, ch. 55, §4; T.C.A., § 70-2104; Acts 1989, ch. 591, § 113; T.C.A. § 69-9-104.
Tenn. Code Ann. § 69-4-107 — TN Code / Title 69 / Chapter 4 / Section 69-4-107
Subscriptions
Status: in_force

(a) The commissioners provided for in § 69-4-103 are authorized to accept subscriptions of either money or property for the use of the county appointing them, and they may receive subscriptions, in this manner, of land lying in other counties, and take deeds to the land as trustees of the county. (b) The subscriptions so received shall be reported to the county legislative body within one (1) year after having been received, and in case of failure they shall each pay the sum of three hundred dollars ($300), to be collected at the suit of the county trustee, for the use of the county. Acts 1871, ch. 131, §§ 17, 18; Shan., §§ 3870, 3871; Code 1932, §§ 4208, 4209; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 70-616, 70-617; T.C.A. § 69-5-107 .
(a) The commissioners provided for in § 69-4-103 are authorized to accept subscriptions of either money or property for the use of the county appointing them, and they may receive subscriptions, in this manner, of land lying in other counties, and take deeds to the land as trustees of the county.
(b) The subscriptions so received shall be reported to the county legislative body within one (1) year after having been received, and in case of failure they shall each pay the sum of three hundred dollars ($300), to be collected at the suit of the county trustee, for the use of the county.
Acts 1871, ch. 131, §§ 17, 18; Shan., §§ 3870, 3871; Code 1932, §§ 4208, 4209; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 70-616, 70-617; T.C.A. § 69-5-107 .