Tenn. Code Ann. § 11-6-110 — TN Code / Title 11 / Chapter 6 / Section 11-6-110
Designation as archaeological site
Status: in_force

An archaeological site of significance in the scientific study of Tennessee's aboriginal past or important to public knowledge and appreciation of this history may be publicly designated by the commissioner of environment and conservation and placed in the Tennessee register of archaeological sites; provided, that no sites shall be so designated without the express written consent of the state agency having jurisdiction over the land in question or, if it is privately owned land, the owner thereof; provided, that any person or entity having given its permission may revoke such permission on giving thirty (30) days' written notice of its intent to revoke to the division of archaeology, which revocation will automatically take place on the expiration of the thirty (30) days. Recommendations for such designations shall be made by the state archaeological advisory council in consultation with the state archaeologist and such recommendations, together with appropriate supporting data, shall be submitted to the commissioner. In addition to the above, any landowner may petition the commissioner to have any archaeological site located on the landowner's property publicly designated and placed in the Tennessee register of archaeological sites. Acts 1970, ch. 468, § 10; T.C.A., § 11-1510; Acts 1984, ch. 801, § 3.
An archaeological site of significance in the scientific study of Tennessee's aboriginal past or important to public knowledge and appreciation of this history may be publicly designated by the commissioner of environment and conservation and placed in the Tennessee register of archaeological sites; provided, that no sites shall be so designated without the express written consent of the state agency having jurisdiction over the land in question or, if it is privately owned land, the owner thereof; provided, that any person or entity having given its permission may revoke such permission on giving thirty (30) days' written notice of its intent to revoke to the division of archaeology, which revocation will automatically take place on the expiration of the thirty (30) days. Recommendations for such designations shall be made by the state archaeological advisory council in consultation with the state archaeologist and such recommendations, together with appropriate supporting data, shall be submitted to the commissioner. In addition to the above, any landowner may petition the commissioner to have any archaeological site located on the landowner's property publicly designated and placed in the Tennessee register of archaeological sites.
Acts 1970, ch. 468, § 10; T.C.A., § 11-1510; Acts 1984, ch. 801, § 3.
Tenn. Code Ann. § 11-15-106 — TN Code / Title 11 / Chapter 15 / Section 11-15-106
Limitation of application
Status: in_force

(a) Sections 11-15-101 - 11-15-106, insofar as they relate to easements or interests in structures, shall only apply to counties having a population of two hundred thousand (200,000) or more according to the 1970 federal census or any subsequent federal census, it being the finding of the general assembly that redevelopment pressures are greater on historic structures in heavily urbanized areas. (b) Sections 11-15-101 - 11-15-106, insofar as they relate to easements or interests in structures, shall apply only to those counties which, by a majority vote of the governing body of the county, choose to come under those provisions. Any incorporated municipality which desires to come under §§ 11-15-101 - 11-15-106, insofar as they relate to easements or interests in structures, may do so separately by a majority vote of its governing body. In that event, however, only the territory within the corporate bounds of the municipality shall be affected by §§ 11-15-101 - 11-15-106 insofar as they relate to easements or interests in structures. Acts 1976, ch. 730, §§ 6, 7; T.C.A., § 11-1806.
(a) Sections 11-15-101 - 11-15-106, insofar as they relate to easements or interests in structures, shall only apply to counties having a population of two hundred thousand (200,000) or more according to the 1970 federal census or any subsequent federal census, it being the finding of the general assembly that redevelopment pressures are greater on historic structures in heavily urbanized areas.
(b) Sections 11-15-101 - 11-15-106, insofar as they relate to easements or interests in structures, shall apply only to those counties which, by a majority vote of the governing body of the county, choose to come under those provisions. Any incorporated municipality which desires to come under §§ 11-15-101 - 11-15-106, insofar as they relate to easements or interests in structures, may do so separately by a majority vote of its governing body. In that event, however, only the territory within the corporate bounds of the municipality shall be affected by §§ 11-15-101 - 11-15-106 insofar as they relate to easements or interests in structures.
Acts 1976, ch. 730, §§ 6, 7; T.C.A., § 11-1806.
Tenn. Code Ann. § 11-4-409 — TN Code / Title 11 / Chapter 4 / Section 11-4-409
Powers of division
Status: in_force

The division has the power to enforce all conservation laws and regulations of the state affecting matters or materials under the jurisdiction of the division. Acts 1937, ch. 280, § 17; C. Supp. 1950, § 630.19 (Williams, § 630.22); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-414; Acts 1986, ch. 652, § 20; T.C.A., § 11-4-114.
The division has the power to enforce all conservation laws and regulations of the state affecting matters or materials under the jurisdiction of the division.
Acts 1937, ch. 280, § 17; C. Supp. 1950, § 630.19 (Williams, § 630.22); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-414; Acts 1986, ch. 652, § 20; T.C.A., § 11-4-114.
Tenn. Code Ann. § 11-4-802 — TN Code / Title 11 / Chapter 4 / Section 11-4-802
Comprehensive state forest system plan
Status: in_force

The division will prepare and periodically revise a comprehensive state forest system plan that describes policies, procedures, methodologies, and management guidelines for implementation of the state forest system. Acts 1986, ch. 652, § 40.
The division will prepare and periodically revise a comprehensive state forest system plan that describes policies, procedures, methodologies, and management guidelines for implementation of the state forest system.
Acts 1986, ch. 652, § 40.
Tenn. Code Ann. § 11-15-103 — TN Code / Title 11 / Chapter 15 / Section 11-15-103
Acquisition authorized
Status: in_force

In order to carry out the purposes of this chapter, the state of Tennessee, acting through any of its departments, agencies, or institutions, subject, in the case of the state, to the approval of the state building commission or any other public body, may acquire interests in real property in the form of scenic easements. Acquisition of interests in land or in structures (scenic easements) may be by donation, purchase with donated or appropriated funds or otherwise, but not by exercise of the power of eminent domain. However, no interests in land or in structures (scenic easement) may be acquired except to assist in the protection and preservation of those historic, architectural, archaeological or cultural resources listed in the National Register or Tennessee Register or those natural areas that are included among the park or recreational lands administered by the public body. In addition, any public body may designate a scenic easement in any real property in which it has an interest in order to provide protection to and assist in the preservation of such listed and designated resources and areas. Acts 1973, ch. 21, § 3; 1976, ch. 730, § 4; T.C.A., § 11-1803.
In order to carry out the purposes of this chapter, the state of Tennessee, acting through any of its departments, agencies, or institutions, subject, in the case of the state, to the approval of the state building commission or any other public body, may acquire interests in real property in the form of scenic easements. Acquisition of interests in land or in structures (scenic easements) may be by donation, purchase with donated or appropriated funds or otherwise, but not by exercise of the power of eminent domain. However, no interests in land or in structures (scenic easement) may be acquired except to assist in the protection and preservation of those historic, architectural, archaeological or cultural resources listed in the National Register or Tennessee Register or those natural areas that are included among the park or recreational lands administered by the public body. In addition, any public body may designate a scenic easement in any real property in which it has an interest in order to provide protection to and assist in the preservation of such listed and designated resources and areas.
Acts 1973, ch. 21, § 3; 1976, ch. 730, § 4; T.C.A., § 11-1803.
Tenn. Code Ann. § 11-12-205 — TN Code / Title 11 / Chapter 12 / Section 11-12-205
Designation of jogging trails
Status: in_force

The commissioner shall review the land surveys prepared by each department or agency, together with the recommendations of any interested citizens group, and shall designate such lands as the commissioner deems suitable as a jogging trail. In designating lands as jogging trails, the commissioner shall consider such factors as accessibility, local interest, safety, and the ability to obtain construction or maintenance assistance from interested groups. In counties with populations of fifty thousand (50,000) or more according to the 1970 federal census or any subsequent federal census, the commissioner shall designate as jogging trails, all lands that are suitable so as to place emphasis on jogging in these counties. Acts 1980, ch. 835, § 6; T.C.A., §§ 53-6905, 68-51-105.
The commissioner shall review the land surveys prepared by each department or agency, together with the recommendations of any interested citizens group, and shall designate such lands as the commissioner deems suitable as a jogging trail. In designating lands as jogging trails, the commissioner shall consider such factors as accessibility, local interest, safety, and the ability to obtain construction or maintenance assistance from interested groups. In counties with populations of fifty thousand (50,000) or more according to the 1970 federal census or any subsequent federal census, the commissioner shall designate as jogging trails, all lands that are suitable so as to place emphasis on jogging in these counties.
Acts 1980, ch. 835, § 6; T.C.A., §§ 53-6905, 68-51-105.
Tenn. Code Ann. § 11-3-113 — TN Code / Title 11 / Chapter 3 / Section 11-3-113
Reimbursement of green fees from certain agencies
Status: in_force

If the golf course is located in a state park, but operated by a municipal or county government agency under contract with the department of environment and conservation, the department shall reimburse the operating agency for any green fees waived under [former] § 11-3-112 [repealed] and this section. Acts 1974, ch. 420, § 2; T.C.A., § 11-312.
If the golf course is located in a state park, but operated by a municipal or county government agency under contract with the department of environment and conservation, the department shall reimburse the operating agency for any green fees waived under [former] § 11-3-112 [repealed] and this section.
Acts 1974, ch. 420, § 2; T.C.A., § 11-312.
Tenn. Code Ann. § 11-13-105 — TN Code / Title 11 / Chapter 13 / Section 11-13-105
Proposals for additions to system
Status: in_force

The commissioner of environment and conservation shall study and from time to time submit to the governor and to the general assembly proposals for the addition to the state scenic rivers system of rivers and sections of rivers which, in the commissioner's judgment, fall within one (1) or more of the categories set out in § 11-13-103 . Each proposal shall specify the category of the proposed addition and shall be accompanied by a detailed report on the factors which, in the judgment of the commissioner, make the area a worthy addition to the system. The intention of this requirement is to ensure that such studies will be made; it is not intended to preclude or discourage studies and proposals by other agencies or by citizen groups working independently or with the department. Acts 1968, ch. 540, § 6; T.C.A., § 11-1405.
The commissioner of environment and conservation shall study and from time to time submit to the governor and to the general assembly proposals for the addition to the state scenic rivers system of rivers and sections of rivers which, in the commissioner's judgment, fall within one (1) or more of the categories set out in § 11-13-103 . Each proposal shall specify the category of the proposed addition and shall be accompanied by a detailed report on the factors which, in the judgment of the commissioner, make the area a worthy addition to the system. The intention of this requirement is to ensure that such studies will be made; it is not intended to preclude or discourage studies and proposals by other agencies or by citizen groups working independently or with the department.
Acts 1968, ch. 540, § 6; T.C.A., § 11-1405.
Tenn. Code Ann. § 11-3-102 — TN Code / Title 11 / Chapter 3 / Section 11-3-102
Preservation in natural condition
Status: in_force

Every park under this part shall be preserved in a natural condition so far as may be consistent with its human use and safety, and all improvements shall be of such character as not to lessen its inherent recreational value. Acts 1937, ch. 266, § 2; C. Supp. 1950, § 630.2; T.C.A. (orig. ed.), § 11-302.
Every park under this part shall be preserved in a natural condition so far as may be consistent with its human use and safety, and all improvements shall be of such character as not to lessen its inherent recreational value.
Acts 1937, ch. 266, § 2; C. Supp. 1950, § 630.2; T.C.A. (orig. ed.), § 11-302.
Tenn. Code Ann. § 11-14-201 — TN Code / Title 11 / Chapter 14 / Section 11-14-201
Expenditure of public funds
Status: in_force

Public funds may be expended or advanced by the state or any municipality or county in the state to acquire by purchase, gift, grant, bequest, devise, or lease, the fee or any lesser interest in land, development right, easement, covenant or other contractual right necessary to achieve the purposes of this section and §§ 11-15-107 , 11-15-108 , 67-5-509 , 67-5-601 , 67-5-602 , and 67-5-1001 - 67-5-1009. Acts 1976, ch. 782, § 12; T.C.A., § 11-1716.
Public funds may be expended or advanced by the state or any municipality or county in the state to acquire by purchase, gift, grant, bequest, devise, or lease, the fee or any lesser interest in land, development right, easement, covenant or other contractual right necessary to achieve the purposes of this section and §§ 11-15-107 , 11-15-108 , 67-5-509 , 67-5-601 , 67-5-602 , and 67-5-1001 - 67-5-1009.
Acts 1976, ch. 782, § 12; T.C.A., § 11-1716.
Tenn. Code Ann. § 11-3-111 — TN Code / Title 11 / Chapter 3 / Section 11-3-111
Lease and license arrangements - Special events permits and licenses - Native craft products
Status: in_force

(a) The commissioner of environment and conservation, with the approval of the state building commission and attorney general and reporter, may enter into lease agreements for the operation of existing facilities and the development, construction, and operation of new facilities on lands under the control or supervision of the department of environment and conservation where the leases are deemed necessary, in the discretion of the commissioner, for improved utilization of state lands and facilities in the public interest. Such facilities or developments shall include, but not be limited to: boat docks, fishing piers, camp sites, trailer camps, golf courses, recreational facilities, hotels, motels, restaurants, retail stores, forests, natural areas, and historic sites. The leases may contain a provision giving the lessee the option of renewing the lease upon like terms and conditions and for the same term. The leaseholds may be sold; provided, that they have been approved by the commissioner, the governor, and the attorney general and reporter, and any sale made without their approval shall be void. Any lease agreements entered into in accordance with this section shall be entered into only after sealed bids have been submitted to the commissioner of environment and conservation on the facilities to be leased and all applicable provisions of law have been complied with which relate to contracts, property management, and leasing, including such regulations as may be promulgated by appropriate state officials. (b) The director of the division of parks and recreation, with the approval of the commissioners of environment and conservation and finance and administration, may enter into license agreements which allow the licensee to operate facilities or to conduct business operations within state parks, where this is deemed necessary for the best utilization of state parks for public recreational purposes, under the following conditions: (1) The intended use or occupancy of park lands or facilities by the licensee is seasonal or is of a nature that makes it inappropriate for the state to enter into a lease agreement; (2) The license is for a term not to exceed three (3) years, and may be terminated by the director, without cause; and (3) The license agreement is entered into only after written proposals have been solicited by advertisement in a newspaper of general circulation in the county where the park is located, except that a license agreement for a term not to exceed ninety (90) days may be negotiated and entered into without such advertisement in order to obtain an operator for a facility which is vacant because a previous lease or license has expired or has been terminated. (c) The director may issue permits or licenses to any government, public agency, individual, corporation, association or other organization for terms of not more than ten (10) days for the use of areas or facilities within state parks for special events, where this is deemed to enhance the use of the parks for public recreational purposes. The commissioner of environment and conservation shall promulgate rules which establish policies, rules and procedures applicable to the issuance of permits and licenses pursuant to this subsection (c). Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Such rules shall also be reviewed and approved by the commissioner of finance and administration before becoming effective. (d) Any person or business entity who occupies property in a state park, under a lease or license, in which crafts or souvenirs are sold, shall maintain an inventory, twenty-five percent (25%) of which is in crafts native to this state, if such crafts are readily available. This provision shall become the basis of a section of every such new lease or license and every such lease or license that is renegotiated with the present tenant or licensee. Acts 1976, ch. 783, § 1; 1977, ch. 176, § 1; 1979, ch. 140, § 1; T.C.A., § 11-313; Acts 1980, ch. 696, § 1; 1986, ch. 912, § 5; 1988, ch. 652, §§ 1, 2.
(a) The commissioner of environment and conservation, with the approval of the state building commission and attorney general and reporter, may enter into lease agreements for the operation of existing facilities and the development, construction, and operation of new facilities on lands under the control or supervision of the department of environment and conservation where the leases are deemed necessary, in the discretion of the commissioner, for improved utilization of state lands and facilities in the public interest. Such facilities or developments shall include, but not be limited to: boat docks, fishing piers, camp sites, trailer camps, golf courses, recreational facilities, hotels, motels, restaurants, retail stores, forests, natural areas, and historic sites. The leases may contain a provision giving the lessee the option of renewing the lease upon like terms and conditions and for the same term. The leaseholds may be sold; provided, that they have been approved by the commissioner, the governor, and the attorney general and reporter, and any sale made without their approval shall be void. Any lease agreements entered into in accordance with this section shall be entered into only after sealed bids have been submitted to the commissioner of environment and conservation on the facilities to be leased and all applicable provisions of law have been complied with which relate to contracts, property management, and leasing, including such regulations as may be promulgated by appropriate state officials.
(b) The director of the division of parks and recreation, with the approval of the commissioners of environment and conservation and finance and administration, may enter into license agreements which allow the licensee to operate facilities or to conduct business operations within state parks, where this is deemed necessary for the best utilization of state parks for public recreational purposes, under the following conditions: (1) The intended use or occupancy of park lands or facilities by the licensee is seasonal or is of a nature that makes it inappropriate for the state to enter into a lease agreement; (2) The license is for a term not to exceed three (3) years, and may be terminated by the director, without cause; and (3) The license agreement is entered into only after written proposals have been solicited by advertisement in a newspaper of general circulation in the county where the park is located, except that a license agreement for a term not to exceed ninety (90) days may be negotiated and entered into without such advertisement in order to obtain an operator for a facility which is vacant because a previous lease or license has expired or has been terminated.
(1) The intended use or occupancy of park lands or facilities by the licensee is seasonal or is of a nature that makes it inappropriate for the state to enter into a lease agreement;
(2) The license is for a term not to exceed three (3) years, and may be terminated by the director, without cause; and
(3) The license agreement is entered into only after written proposals have been solicited by advertisement in a newspaper of general circulation in the county where the park is located, except that a license agreement for a term not to exceed ninety (90) days may be negotiated and entered into without such advertisement in order to obtain an operator for a facility which is vacant because a previous lease or license has expired or has been terminated.
(c) The director may issue permits or licenses to any government, public agency, individual, corporation, association or other organization for terms of not more than ten (10) days for the use of areas or facilities within state parks for special events, where this is deemed to enhance the use of the parks for public recreational purposes. The commissioner of environment and conservation shall promulgate rules which establish policies, rules and procedures applicable to the issuance of permits and licenses pursuant to this subsection (c). Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Such rules shall also be reviewed and approved by the commissioner of finance and administration before becoming effective.
(d) Any person or business entity who occupies property in a state park, under a lease or license, in which crafts or souvenirs are sold, shall maintain an inventory, twenty-five percent (25%) of which is in crafts native to this state, if such crafts are readily available. This provision shall become the basis of a section of every such new lease or license and every such lease or license that is renegotiated with the present tenant or licensee.
Acts 1976, ch. 783, § 1; 1977, ch. 176, § 1; 1979, ch. 140, § 1; T.C.A., § 11-313; Acts 1980, ch. 696, § 1; 1986, ch. 912, § 5; 1988, ch. 652, §§ 1, 2.
Tenn. Code Ann. § 11-4-801 — TN Code / Title 11 / Chapter 4 / Section 11-4-801
Basic system of state forests authorized
Status: in_force

The department of agriculture, through the division, is authorized to establish and manage a system of state forests to provide for the multiple use management of the various renewable and nonrenewable resources such that those resources are utilized in the combination that best meets the needs of the people of Tennessee. The system shall include those lands which the division deems suitable for public forestry purposes. Acts 1986, ch. 652, § 39.
The department of agriculture, through the division, is authorized to establish and manage a system of state forests to provide for the multiple use management of the various renewable and nonrenewable resources such that those resources are utilized in the combination that best meets the needs of the people of Tennessee. The system shall include those lands which the division deems suitable for public forestry purposes.
Acts 1986, ch. 652, § 39.
Tenn. Code Ann. § 11-13-107 — TN Code / Title 11 / Chapter 13 / Section 11-13-107
Classification to higher status
Status: in_force

(a) Whenever in the judgment of the commissioner of environment and conservation a scenic river area previously administered as Class II or Class III has been sufficiently restored and enhanced in its natural scenic and recreational qualities, the commissioner may recommend to the general assembly that such an area be classified to a higher status (Class II raised to Class I, or Class III raised to a Class II or Class I) and thereafter administered accordingly. (b) No scenic river area shall be managed in a manner that would: (1) Result in the area falling into a lower class; or (2) Be detrimental to the highest water quality classification standards determined by federal and/or state agencies. Acts 1968, ch. 540, § 8; 1972, ch. 686, § 3; T.C.A., § 11-1407.
(a) Whenever in the judgment of the commissioner of environment and conservation a scenic river area previously administered as Class II or Class III has been sufficiently restored and enhanced in its natural scenic and recreational qualities, the commissioner may recommend to the general assembly that such an area be classified to a higher status (Class II raised to Class I, or Class III raised to a Class II or Class I) and thereafter administered accordingly.
(b) No scenic river area shall be managed in a manner that would: (1) Result in the area falling into a lower class; or (2) Be detrimental to the highest water quality classification standards determined by federal and/or state agencies.
(1) Result in the area falling into a lower class; or
(2) Be detrimental to the highest water quality classification standards determined by federal and/or state agencies.
Acts 1968, ch. 540, § 8; 1972, ch. 686, § 3; T.C.A., § 11-1407.
Tenn. Code Ann. § 11-2-102 — TN Code / Title 11 / Chapter 2 / Section 11-2-102
Repealed
Status: repealed

Acts 1953, ch. 248, § 3 (Williams, § 255.75j); 1955, ch. 214, § 2; impl. am. Acts 1959, ch. 9, § 11; Acts 1963, ch. 166, § 2; T.C.A. (orig. ed.), §11-202; repealed by Acts 2012 , ch. 986, § 23, effective 10/1/2012.
Tenn. Code Ann. § 11-25-113 — TN Code / Title 11 / Chapter 25 / Section 11-25-113
Annual audit and reports
Status: in_force

(a) The board shall cause an annual audit to be made of the books and records of the authority. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are made in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury. (b) These audits shall be made by certified public accountants. In the event the board shall fail or refuse to have the audit made, then the comptroller of the treasury may appoint a certified public accountant, or direct the department of audit to make the audit, the cost of such audit to be paid by the authority. (c) The authority shall prepare an annual report of its business affairs and transactions, a copy of which shall be available for public inspection, and filed by January 31 of each year with the comptroller of the treasury, the office of governor, and the speakers of the house of representatives and the senate. Acts 2012, ch. 1106, § 1.
(a) The board shall cause an annual audit to be made of the books and records of the authority. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are made in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury.
(b) These audits shall be made by certified public accountants. In the event the board shall fail or refuse to have the audit made, then the comptroller of the treasury may appoint a certified public accountant, or direct the department of audit to make the audit, the cost of such audit to be paid by the authority.
(c) The authority shall prepare an annual report of its business affairs and transactions, a copy of which shall be available for public inspection, and filed by January 31 of each year with the comptroller of the treasury, the office of governor, and the speakers of the house of representatives and the senate.
Acts 2012, ch. 1106, § 1.
Tenn. Code Ann. § 11-23-104 — TN Code / Title 11 / Chapter 23 / Section 11-23-104
Operation and maintenance for benefit of inhabitants
Status: in_force

Such governing body has the full power and authority to acquire, maintain, manage and operate such forest for the benefit of the inhabitants of the county, municipality or other political subdivision under such technical supervision as the state forester may prescribe and in accordance with § 11-23-103 . Acts 1941, ch. 105, § 4; C. Supp. 1950, § 630.31 (Williams, §630.25d); T.C.A. (orig. ed.), § 11-704.
Such governing body has the full power and authority to acquire, maintain, manage and operate such forest for the benefit of the inhabitants of the county, municipality or other political subdivision under such technical supervision as the state forester may prescribe and in accordance with § 11-23-103 .
Acts 1941, ch. 105, § 4; C. Supp. 1950, § 630.31 (Williams, §630.25d); T.C.A. (orig. ed.), § 11-704.
Tenn. Code Ann. § 11-13-108 — TN Code / Title 11 / Chapter 13 / Section 11-13-108
General rules for establishing boundaries of area - Establishment of Duck River area
Status: in_force

(a) The commissioner of environment and conservation may, within two (2) years after a river or segment of river has been made part of the state scenic rivers system, determine generally the boundaries of the scenic river area associated with that river or river segment. If a determination of the boundaries is made, the determination shall be in accordance with the following river classifications: (1) For a Class I river (the gorge and swamp rivers), the boundary shall be established in such a way that it includes at least the entire scenic vista from the river and its banks. For gorge rivers, the boundaries shall be no more than three thousand feet (3,000') from the center of the river on each side. For swamp rivers, the boundaries shall be no more than one thousand feet (1,000') from the center of the river on each side; and (2) For Class II or Class III river areas, the boundary shall include the vista from the river and shall be no more than four hundred fifty feet (450') from the usual banks of the river on each side. (b) (1) If the commissioner of environment and conservation determines that the establishment of boundaries on that segment of Duck River established as a scenic river under § 11-13-104 is to be established then the commissioner shall initiate an outreach program to educate property owners and local communities in the area of this river segment about the program and the environmental and economic benefit the establishment of such boundaries provides. The commissioner shall then, using sound discretion and considering all relevant circumstances, establish a perpetual boundary of the scenic river area associated with the river or river segment. (2) (A) If the proposed boundary of the scenic river area includes private property, then the state shall obtain the notarized consent of the private landowner before establishing the boundary. (B) The department shall only establish boundaries on this river based upon the consent of the owner of any affected private lands. Amended by 2018 Tenn. Acts, ch. 559, s 1, eff. 3/14/2018. Acts 1968, ch. 540, § 9; 1970, ch. 437, § 1; 1976, ch. 462, § 1; T.C.A., § 11-1408; Acts 2001, ch. 232, §2; 2012 , ch. 604, § 14.
(a) The commissioner of environment and conservation may, within two (2) years after a river or segment of river has been made part of the state scenic rivers system, determine generally the boundaries of the scenic river area associated with that river or river segment. If a determination of the boundaries is made, the determination shall be in accordance with the following river classifications: (1) For a Class I river (the gorge and swamp rivers), the boundary shall be established in such a way that it includes at least the entire scenic vista from the river and its banks. For gorge rivers, the boundaries shall be no more than three thousand feet (3,000') from the center of the river on each side. For swamp rivers, the boundaries shall be no more than one thousand feet (1,000') from the center of the river on each side; and (2) For Class II or Class III river areas, the boundary shall include the vista from the river and shall be no more than four hundred fifty feet (450') from the usual banks of the river on each side.
(1) For a Class I river (the gorge and swamp rivers), the boundary shall be established in such a way that it includes at least the entire scenic vista from the river and its banks. For gorge rivers, the boundaries shall be no more than three thousand feet (3,000') from the center of the river on each side. For swamp rivers, the boundaries shall be no more than one thousand feet (1,000') from the center of the river on each side; and
(2) For Class II or Class III river areas, the boundary shall include the vista from the river and shall be no more than four hundred fifty feet (450') from the usual banks of the river on each side.
(b) (1) If the commissioner of environment and conservation determines that the establishment of boundaries on that segment of Duck River established as a scenic river under § 11-13-104 is to be established then the commissioner shall initiate an outreach program to educate property owners and local communities in the area of this river segment about the program and the environmental and economic benefit the establishment of such boundaries provides. The commissioner shall then, using sound discretion and considering all relevant circumstances, establish a perpetual boundary of the scenic river area associated with the river or river segment. (2) (A) If the proposed boundary of the scenic river area includes private property, then the state shall obtain the notarized consent of the private landowner before establishing the boundary. (B) The department shall only establish boundaries on this river based upon the consent of the owner of any affected private lands.
(1) If the commissioner of environment and conservation determines that the establishment of boundaries on that segment of Duck River established as a scenic river under § 11-13-104 is to be established then the commissioner shall initiate an outreach program to educate property owners and local communities in the area of this river segment about the program and the environmental and economic benefit the establishment of such boundaries provides. The commissioner shall then, using sound discretion and considering all relevant circumstances, establish a perpetual boundary of the scenic river area associated with the river or river segment.
(2) (A) If the proposed boundary of the scenic river area includes private property, then the state shall obtain the notarized consent of the private landowner before establishing the boundary. (B) The department shall only establish boundaries on this river based upon the consent of the owner of any affected private lands.
(A) If the proposed boundary of the scenic river area includes private property, then the state shall obtain the notarized consent of the private landowner before establishing the boundary.
(B) The department shall only establish boundaries on this river based upon the consent of the owner of any affected private lands.
Amended by 2018 Tenn. Acts, ch. 559, s 1, eff. 3/14/2018.
Acts 1968, ch. 540, § 9; 1970, ch. 437, § 1; 1976, ch. 462, § 1; T.C.A., § 11-1408; Acts 2001, ch. 232, §2; 2012 , ch. 604, § 14.
Tenn. Code Ann. § 11-11-102 — TN Code / Title 11 / Chapter 11 / Section 11-11-102
Trail system authorized - Purpose of chapter
Status: in_force

(a) In order to provide for the ever increasing outdoor recreation needs of an expanded population and in order to promote public access to, travel within, and enjoyment and appreciation of the outdoor, natural and remote areas of the state, trails should be established: (1) In natural, scenic areas of the state; and (2) In and near urban areas. (b) The purpose of this chapter is to provide the means for attaining these objectives by instituting a state system of scenic and recreation trails, by designating certain trails as the initial components of that system, and by prescribing the methods by which, and standards according to which, additional components may be added to the system. Acts 1971, ch. 103, § 2; T.C.A., § 11-1602.
(a) In order to provide for the ever increasing outdoor recreation needs of an expanded population and in order to promote public access to, travel within, and enjoyment and appreciation of the outdoor, natural and remote areas of the state, trails should be established: (1) In natural, scenic areas of the state; and (2) In and near urban areas.
(1) In natural, scenic areas of the state; and
(2) In and near urban areas.
(b) The purpose of this chapter is to provide the means for attaining these objectives by instituting a state system of scenic and recreation trails, by designating certain trails as the initial components of that system, and by prescribing the methods by which, and standards according to which, additional components may be added to the system.
Acts 1971, ch. 103, § 2; T.C.A., § 11-1602.
Tenn. Code Ann. § 11-3-101 — TN Code / Title 11 / Chapter 3 / Section 11-3-101
"Park" defined
Status: in_force

For the purposes of the department of environment and conservation, "park" means and includes any and all areas of land heretofore or hereafter acquired by the state, which by reason of having natural and historic features, scenic beauty or location, possess natural or potential physical, aesthetic, scientific, creative, social or other recreational values, and are dedicated to and forever reserved and administered by the state for the recreational and cultural use and enjoyment of the people. Acts 1937, ch. 266, § 1; C. Supp. 1950, § 630.1; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-301.
For the purposes of the department of environment and conservation, "park" means and includes any and all areas of land heretofore or hereafter acquired by the state, which by reason of having natural and historic features, scenic beauty or location, possess natural or potential physical, aesthetic, scientific, creative, social or other recreational values, and are dedicated to and forever reserved and administered by the state for the recreational and cultural use and enjoyment of the people.
Acts 1937, ch. 266, § 1; C. Supp. 1950, § 630.1; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-301.
Tenn. Code Ann. § 11-24-112 — TN Code / Title 11 / Chapter 24 / Section 11-24-112
Rules and regulations
Status: in_force

(a) Parks and recreation boards created under § 11-24-104(a) or joint systems created under § 11-24-105 are empowered to make, alter, amend or repeal rules and regulations for the protection, regulation and control of parks, preserves, parkways, playgrounds, recreation centers, and other property under their control. No rules and regulations adopted shall be contrary to, or inconsistent with, the laws of the state of Tennessee or the ordinances of the municipality within which a facility is located. Such rules and regulations shall be enforced by local law enforcement officials. (b) Rules and regulations shall not take effect until ten (10) days after their adoption by the board, after their publication once a week for two (2) weeks in at least one (1) paper circulating in the county and after a copy thereof has been posted near each gate or principal entrance to the public ground to which they apply. All rules, after being so adopted and after notice is given, shall be subject to enforcement by a fine of not more than fifty dollars ($50.00) for each violation to be levied against any person found guilty of violating such rules and regulations. (c) Copies of rules and regulations subject to such enforcement must be available for public inspection or review at the principal office of the parks and recreation board or joint system. Any county adopting this section is authorized to make such additional rules and regulations for the reasonable implementation of this section, and these rules and regulations shall be enforceable by the sheriff of the county. (d) This section shall not apply to counties having a metropolitan form of government. Acts 1984, ch. 902, §§ 1, 2.
(a) Parks and recreation boards created under § 11-24-104(a) or joint systems created under § 11-24-105 are empowered to make, alter, amend or repeal rules and regulations for the protection, regulation and control of parks, preserves, parkways, playgrounds, recreation centers, and other property under their control. No rules and regulations adopted shall be contrary to, or inconsistent with, the laws of the state of Tennessee or the ordinances of the municipality within which a facility is located. Such rules and regulations shall be enforced by local law enforcement officials.
(b) Rules and regulations shall not take effect until ten (10) days after their adoption by the board, after their publication once a week for two (2) weeks in at least one (1) paper circulating in the county and after a copy thereof has been posted near each gate or principal entrance to the public ground to which they apply. All rules, after being so adopted and after notice is given, shall be subject to enforcement by a fine of not more than fifty dollars ($50.00) for each violation to be levied against any person found guilty of violating such rules and regulations.
(c) Copies of rules and regulations subject to such enforcement must be available for public inspection or review at the principal office of the parks and recreation board or joint system. Any county adopting this section is authorized to make such additional rules and regulations for the reasonable implementation of this section, and these rules and regulations shall be enforceable by the sheriff of the county.
(d) This section shall not apply to counties having a metropolitan form of government.
Acts 1984, ch. 902, §§ 1, 2.
Tenn. Code Ann. § 11-9-108 — TN Code / Title 11 / Chapter 9 / Section 11-9-108
Parks and recreation programs technical advisory service - Appropriation from federal funds
Status: in_force

There is created in the department of environment and conservation a technical advisory service to assist county and municipal governments in the establishment and operation of parks and recreation programs by providing technical and other advice. The source of funding for this service is hereby specified as being the administrative funds apportioned to the department each year from the federal land and water conservation fund. Acts 1978, ch. 766, §§ 1, 2; 1979, ch. 105, §§ 1, 2; T.C.A., § 11-1208.
There is created in the department of environment and conservation a technical advisory service to assist county and municipal governments in the establishment and operation of parks and recreation programs by providing technical and other advice. The source of funding for this service is hereby specified as being the administrative funds apportioned to the department each year from the federal land and water conservation fund.
Acts 1978, ch. 766, §§ 1, 2; 1979, ch. 105, §§ 1, 2; T.C.A., § 11-1208.
Tenn. Code Ann. § 11-11-114 — TN Code / Title 11 / Chapter 11 / Section 11-11-114
Motorized vehicles prohibited - Exceptions - Prosecution for violations
Status: in_force

(a) The use of motorized vehicles by the general public within the right-of-way of any state scenic or recreation trail shall be prohibited, and nothing in this chapter shall be construed as authorizing the use of motorized vehicles in these rights-of-way. (b) The department shall establish regulations which shall authorize the use of motorized vehicles when such vehicles are required to meet emergencies where life or health is at risk, or to enable present or adjacent landowners or land users to have access to their lands or timber rights where no reasonable alternative method of access exists or could be constructed. (c) Prosecution for violation of this section may be initiated by a peace officer who witnessed an offense in violation of this section or by any private citizen who witnessed any violation of this section who is willing to make the initial charge and testify for the state. Acts 1971, ch. 103, § 14; T.C.A., § 11-1614.
(a) The use of motorized vehicles by the general public within the right-of-way of any state scenic or recreation trail shall be prohibited, and nothing in this chapter shall be construed as authorizing the use of motorized vehicles in these rights-of-way.
(b) The department shall establish regulations which shall authorize the use of motorized vehicles when such vehicles are required to meet emergencies where life or health is at risk, or to enable present or adjacent landowners or land users to have access to their lands or timber rights where no reasonable alternative method of access exists or could be constructed.
(c) Prosecution for violation of this section may be initiated by a peace officer who witnessed an offense in violation of this section or by any private citizen who witnessed any violation of this section who is willing to make the initial charge and testify for the state.
Acts 1971, ch. 103, § 14; T.C.A., § 11-1614.
Tenn. Code Ann. § 11-8-107 — TN Code / Title 11 / Chapter 8 / Section 11-8-107
Permits for commercial operation - Recreation fee - Promulgation of rules
Status: in_force

(a) Beginning in the 2019 rafting season, and continuing for each subsequent rafting season, the commissioner is authorized to issue permits to commercial operations conducting business within the Ocoee River management zone. (b) The commissioner is authorized to levy and collect the Ocoee River recreation fee, which shall be ten percent (10%) of the annual gross revenue generated by commercial activities occurring within the Ocoee River management zone. Revenue generated from the fee shall be deposited in the development fund pursuant to the issuance of a permit as authorized in subsection (a). (c) The commissioner shall have the authority to revoke the permit of any commercial operations conducting business within the Ocoee River management zone for failure to comply with the rules promulgated by the commissioner pursuant to this chapter. Revocation of permits shall be carried out in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (d) The commissioner is authorized to promulgate rules to effectuate the purposes of this chapter. Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act. (e) (1) The department shall not issue more than twenty-four (24) permits pursuant to this section. (2) Persons issued and possessing a permit as of June 30, 2024, may transfer the permit with prior written approval of the commissioner: (A) To a member of the person's immediate family; (B) Pursuant to a purchase and sale agreement; or (C) As authorized by department rule. (3) As used in this section, "immediate family" means a spouse, child, step-child, brother, sister, son-in-law, daughter-in-law, parent, or grandparent. Amended by 2024 Tenn. Acts, ch. 1044,s 5, eff. 7/1/2024. Added by 2017 Tenn. Acts, ch. 434, s 1, eff. 5/17/2017.
(a) Beginning in the 2019 rafting season, and continuing for each subsequent rafting season, the commissioner is authorized to issue permits to commercial operations conducting business within the Ocoee River management zone.
(b) The commissioner is authorized to levy and collect the Ocoee River recreation fee, which shall be ten percent (10%) of the annual gross revenue generated by commercial activities occurring within the Ocoee River management zone. Revenue generated from the fee shall be deposited in the development fund pursuant to the issuance of a permit as authorized in subsection (a).
(c) The commissioner shall have the authority to revoke the permit of any commercial operations conducting business within the Ocoee River management zone for failure to comply with the rules promulgated by the commissioner pursuant to this chapter. Revocation of permits shall be carried out in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) The commissioner is authorized to promulgate rules to effectuate the purposes of this chapter. Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act.
(e) (1) The department shall not issue more than twenty-four (24) permits pursuant to this section. (2) Persons issued and possessing a permit as of June 30, 2024, may transfer the permit with prior written approval of the commissioner: (A) To a member of the person's immediate family; (B) Pursuant to a purchase and sale agreement; or (C) As authorized by department rule. (3) As used in this section, "immediate family" means a spouse, child, step-child, brother, sister, son-in-law, daughter-in-law, parent, or grandparent.
(1) The department shall not issue more than twenty-four (24) permits pursuant to this section.
(2) Persons issued and possessing a permit as of June 30, 2024, may transfer the permit with prior written approval of the commissioner: (A) To a member of the person's immediate family; (B) Pursuant to a purchase and sale agreement; or (C) As authorized by department rule.
(A) To a member of the person's immediate family;
(B) Pursuant to a purchase and sale agreement; or
(C) As authorized by department rule.
(3) As used in this section, "immediate family" means a spouse, child, step-child, brother, sister, son-in-law, daughter-in-law, parent, or grandparent.
Amended by 2024 Tenn. Acts, ch. 1044,s 5, eff. 7/1/2024.
Added by 2017 Tenn. Acts, ch. 434, s 1, eff. 5/17/2017.
Tenn. Code Ann. § 11-11-119 — TN Code / Title 11 / Chapter 11 / Section 11-11-119
State trails as part of national system
Status: in_force

(a) Nothing in this chapter shall preclude a component of the state trails system from becoming a part of the national trails system. (b) The commissioner shall coordinate the state trails system with the national trails system and is directed to encourage and assist any federal studies for inclusion of Tennessee trails in the national trails system. (c) The commissioner may enter into written cooperative agreements for joint federal-state administration of a Tennessee component of the national trails system; provided, that such agreements for administration of land uses are not less restrictive than those set forth in this chapter. Acts 1971, ch. 103, § 19; T.C.A., § 11-1619.
(a) Nothing in this chapter shall preclude a component of the state trails system from becoming a part of the national trails system.
(b) The commissioner shall coordinate the state trails system with the national trails system and is directed to encourage and assist any federal studies for inclusion of Tennessee trails in the national trails system.
(c) The commissioner may enter into written cooperative agreements for joint federal-state administration of a Tennessee component of the national trails system; provided, that such agreements for administration of land uses are not less restrictive than those set forth in this chapter.
Acts 1971, ch. 103, § 19; T.C.A., § 11-1619.
Tenn. Code Ann. § 11-24-104 — TN Code / Title 11 / Chapter 24 / Section 11-24-104
Creation of board - Delegation of authority - Members - Term - Vacancies
Status: in_force

(a) If the governing body of any municipality determines that the power to provide, establish, conduct and maintain a supervised recreation system and facilities as aforementioned, and to acquire by gift, purchase, condemnation or lease, lands and buildings for such purposes, shall be exercised by a recreation board or commission or the school board, or park board, such governing body shall, by resolution or ordinance, vest such powers in such body, and the body to which such powers and duties shall be thus delegated shall have the same powers which the governing body would have had to effectually carry out the purpose of this part; provided, that if there is not a recreation board or commission in existence and it is the desire of the governing body to vest the powers, duties and responsibilities in a recreation board or commission, then the governing body shall have the power to create such board or commission which shall consist of five (5) persons, at least two (2) of whom may be members of the school staff, to be appointed by the presiding officer of such governing body, to serve for terms of five (5) years or until their successors are appointed, except that the members of such board or commission first appointed shall be appointed for such terms that the term of one (1) member shall expire annually thereafter. The members of such board or commission shall serve without pay. Vacancies in such board or commission occurring otherwise than by expiration of term shall be filled only for the unexpired term, and such appointment shall be filled by the presiding officer of the governing body. (b) Any county having a population of not less than fifty-seven thousand four hundred (57,400) nor more than fifty-seven thousand five hundred (57,500), according to the 2010 federal census or any subsequent federal census, shall have the authority to create a recreation board or commission in accordance with this part, which shall be composed of nine (9) members. Eight (8) of the members shall be members of the community, with each civil district of the county being represented. The ninth member shall be a county commissioner appointed by the chairman of the commission and confirmed by the county commission as a whole. All members of the board shall be voting members. Board members shall serve terms of four (4) years; provided, however, that the initial terms shall expire at staggered intervals so that two (2) members' terms expire each year during the first four (4) years, with the terms of the longest serving parks and recreation board members expiring first. Vacancies on the board shall be filled by the county commission in consultation with the nominating authority appointed by the commission. Board members shall be compensated at a rate of fifty dollars ($50.00) per meeting, with a maximum of twelve (12) paid meetings occurring each year. Amended by 2020 Tenn. Acts, ch. 723,s 1, eff. 6/22/2020. Amended by 2014 Tenn. Acts, ch. 658,s 1, eff. 4/10/2014. Acts 1937, ch. 307, § 4; C. Supp. 1950, § 3516.4; T.C.A. (orig. ed.), § 11-904.
(a) If the governing body of any municipality determines that the power to provide, establish, conduct and maintain a supervised recreation system and facilities as aforementioned, and to acquire by gift, purchase, condemnation or lease, lands and buildings for such purposes, shall be exercised by a recreation board or commission or the school board, or park board, such governing body shall, by resolution or ordinance, vest such powers in such body, and the body to which such powers and duties shall be thus delegated shall have the same powers which the governing body would have had to effectually carry out the purpose of this part; provided, that if there is not a recreation board or commission in existence and it is the desire of the governing body to vest the powers, duties and responsibilities in a recreation board or commission, then the governing body shall have the power to create such board or commission which shall consist of five (5) persons, at least two (2) of whom may be members of the school staff, to be appointed by the presiding officer of such governing body, to serve for terms of five (5) years or until their successors are appointed, except that the members of such board or commission first appointed shall be appointed for such terms that the term of one (1) member shall expire annually thereafter. The members of such board or commission shall serve without pay. Vacancies in such board or commission occurring otherwise than by expiration of term shall be filled only for the unexpired term, and such appointment shall be filled by the presiding officer of the governing body.
(b) Any county having a population of not less than fifty-seven thousand four hundred (57,400) nor more than fifty-seven thousand five hundred (57,500), according to the 2010 federal census or any subsequent federal census, shall have the authority to create a recreation board or commission in accordance with this part, which shall be composed of nine (9) members. Eight (8) of the members shall be members of the community, with each civil district of the county being represented. The ninth member shall be a county commissioner appointed by the chairman of the commission and confirmed by the county commission as a whole. All members of the board shall be voting members. Board members shall serve terms of four (4) years; provided, however, that the initial terms shall expire at staggered intervals so that two (2) members' terms expire each year during the first four (4) years, with the terms of the longest serving parks and recreation board members expiring first. Vacancies on the board shall be filled by the county commission in consultation with the nominating authority appointed by the commission. Board members shall be compensated at a rate of fifty dollars ($50.00) per meeting, with a maximum of twelve (12) paid meetings occurring each year.
Amended by 2020 Tenn. Acts, ch. 723,s 1, eff. 6/22/2020.
Amended by 2014 Tenn. Acts, ch. 658,s 1, eff. 4/10/2014.
Acts 1937, ch. 307, § 4; C. Supp. 1950, § 3516.4; T.C.A. (orig. ed.), § 11-904.
Tenn. Code Ann. § 11-4-603 — TN Code / Title 11 / Chapter 4 / Section 11-4-603
Incentive program
Status: in_force

The division is authorized to establish a state reforestation incentive program. The purpose of the program is to encourage the reforestation of suitable open lands, cutover, or other nonstocked or understocked forests, and severely eroding areas. Program funds will be made available to eligible landowners on a matching cost share basis. The division is hereby authorized to receive funding in the form of voluntary contributions from organizations, industry, individuals, institutions, corporations, and other private, nongovernmental bodies to be placed in the state reforestation incentive fund for use by the division in providing matching funds for purposes of implementing this section. Acts 1986, ch. 652, § 32.
The division is authorized to establish a state reforestation incentive program. The purpose of the program is to encourage the reforestation of suitable open lands, cutover, or other nonstocked or understocked forests, and severely eroding areas. Program funds will be made available to eligible landowners on a matching cost share basis. The division is hereby authorized to receive funding in the form of voluntary contributions from organizations, industry, individuals, institutions, corporations, and other private, nongovernmental bodies to be placed in the state reforestation incentive fund for use by the division in providing matching funds for purposes of implementing this section.
Acts 1986, ch. 652, § 32.
Tenn. Code Ann. § 11-1-103 — TN Code / Title 11 / Chapter 1 / Section 11-1-103
Cooperation with wildlife resources agency - Relationships between divisions
Status: in_force

The several divisions located within the department of environment and conservation shall cooperate with the state wildlife resources agency, and the employees of the divisions shall lend whatever assistance is necessary to carry out the game and fish laws. Likewise, the employees of the state wildlife resources agency shall cooperate with the other divisions in the department and lend assistance whenever it is deemed necessary by the commissioner of environment and conservation, it being the purpose to coordinate fully the activities of the state wildlife resources agency with other conservation activities in the department. In the event any controversy shall arise in the department between any of the various divisions therein as to their respective duties and functions, the commissioner shall have authority to make the final decision concerning the controversy, and to define the respective limits of authority of each division. Acts 1949, ch. 50, § 19; C. Supp. 1950, § 255.69A (Williams, § 5120.37); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; impl. am. Acts 1974, ch. 481, §§ 4, 6; T.C.A. (orig. ed.), § 11-103.
The several divisions located within the department of environment and conservation shall cooperate with the state wildlife resources agency, and the employees of the divisions shall lend whatever assistance is necessary to carry out the game and fish laws. Likewise, the employees of the state wildlife resources agency shall cooperate with the other divisions in the department and lend assistance whenever it is deemed necessary by the commissioner of environment and conservation, it being the purpose to coordinate fully the activities of the state wildlife resources agency with other conservation activities in the department. In the event any controversy shall arise in the department between any of the various divisions therein as to their respective duties and functions, the commissioner shall have authority to make the final decision concerning the controversy, and to define the respective limits of authority of each division.
Acts 1949, ch. 50, § 19; C. Supp. 1950, § 255.69A (Williams, § 5120.37); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; impl. am. Acts 1974, ch. 481, §§ 4, 6; T.C.A. (orig. ed.), § 11-103.
Tenn. Code Ann. § 11-6-117 — TN Code / Title 11 / Chapter 6 / Section 11-6-117
Display of Native American Indian human remains
Status: in_force

There shall be no public exhibition or display of Native American Indian human remains, except as evidence in a judicial proceeding. Acts 1990, ch. 852, § 11.
There shall be no public exhibition or display of Native American Indian human remains, except as evidence in a judicial proceeding.
Acts 1990, ch. 852, § 11.
Tenn. Code Ann. § 11-21-107 — TN Code / Title 11 / Chapter 21 / Section 11-21-107
Cooperation with federal, state, and local agencies
Status: in_force

Any county conservation board may cooperate with the federal government or the state government or any department or agency thereof, including the Tennessee Valley authority and the United States army corps of engineers, to carry out the purposes and provisions of this chapter. Any county conservation board may join with any other county board or county boards to carry out this chapter, and to that end may enter into agreements with each other and may do any and all things necessary or convenient to aid and to cooperate in carrying out this chapter. Any city, town, or school district may aid and cooperate with any county conservation board or any combination thereof in equipping, operating and maintaining any parks, preserves, parkways, playgrounds, recreation centers, and conservation areas, and for providing, conducting and supervising programs of activities, and may appropriate money for such purposes. The department of environment and conservation, county agricultural agent, and other county officials shall render such assistance as shall not interfere with their regular employment. The county legislative body is authorized to make available to the use of the county conservation board, county-owned equipment and operators and any county-owned materials it deems advisable. Acts 1961, ch. 213, § 7; impl. am. Acts 1963, ch. 169, §3; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 11-1107.
Any county conservation board may cooperate with the federal government or the state government or any department or agency thereof, including the Tennessee Valley authority and the United States army corps of engineers, to carry out the purposes and provisions of this chapter. Any county conservation board may join with any other county board or county boards to carry out this chapter, and to that end may enter into agreements with each other and may do any and all things necessary or convenient to aid and to cooperate in carrying out this chapter. Any city, town, or school district may aid and cooperate with any county conservation board or any combination thereof in equipping, operating and maintaining any parks, preserves, parkways, playgrounds, recreation centers, and conservation areas, and for providing, conducting and supervising programs of activities, and may appropriate money for such purposes. The department of environment and conservation, county agricultural agent, and other county officials shall render such assistance as shall not interfere with their regular employment. The county legislative body is authorized to make available to the use of the county conservation board, county-owned equipment and operators and any county-owned materials it deems advisable.
Acts 1961, ch. 213, § 7; impl. am. Acts 1963, ch. 169, §3; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 11-1107.
Tenn. Code Ann. § 11-10-103 — TN Code / Title 11 / Chapter 10 / Section 11-10-103
Land subject to conservation or public use easement - Duty of care - Warnings
Status: in_force

(a) An owner of any land, which is subject to a conservation easement or public use easement, granted to or acquired and held by the state or any agency thereof, owes no duty of care to keep that land safe for entry or use by others or to give warning to any person entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon. (b) An owner of land which is subject to an easement granted to or acquired and held by the state or any agency thereof, shall not, by granting such easement: (1) Warrant by implication that the real property included in the easement is safe for any purpose; (2) Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or (3) Assume responsibility for or incur liability for any injury to any person or property caused by an act or omission of any person who enters upon the land subject to such easement. (c) This section applies whether the person entering upon the land subject to such easement is an invitee, licensee, trespasser or otherwise. Acts 1982, ch. 554, § 2.
(a) An owner of any land, which is subject to a conservation easement or public use easement, granted to or acquired and held by the state or any agency thereof, owes no duty of care to keep that land safe for entry or use by others or to give warning to any person entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon.
(b) An owner of land which is subject to an easement granted to or acquired and held by the state or any agency thereof, shall not, by granting such easement: (1) Warrant by implication that the real property included in the easement is safe for any purpose; (2) Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or (3) Assume responsibility for or incur liability for any injury to any person or property caused by an act or omission of any person who enters upon the land subject to such easement.
(1) Warrant by implication that the real property included in the easement is safe for any purpose;
(2) Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or
(3) Assume responsibility for or incur liability for any injury to any person or property caused by an act or omission of any person who enters upon the land subject to such easement.
(c) This section applies whether the person entering upon the land subject to such easement is an invitee, licensee, trespasser or otherwise.
Acts 1982, ch. 554, § 2.
Tenn. Code Ann. § 11-4-502 — TN Code / Title 11 / Chapter 4 / Section 11-4-502
Execution by governor - Ratification
Status: in_force

When the governor has executed the compact on behalf of this state and has caused a verified copy thereof to be filed with the secretary of state, and when the compact has been ratified by one (1) or more of the states named in § 11-4-501 , then it shall become operative and effective as between this state and such other state or states, and the governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents between this state and any other state ratifying the compact. Acts 1955, ch. 108, § 2; T.C.A., § 11-426; Acts 1986, ch. 652, § 25; T.C.A., § 11-4-302 .
When the governor has executed the compact on behalf of this state and has caused a verified copy thereof to be filed with the secretary of state, and when the compact has been ratified by one (1) or more of the states named in § 11-4-501 , then it shall become operative and effective as between this state and such other state or states, and the governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents between this state and any other state ratifying the compact.
Acts 1955, ch. 108, § 2; T.C.A., § 11-426; Acts 1986, ch. 652, § 25; T.C.A., § 11-4-302 .
Tenn. Code Ann. § 11-10-101 — TN Code / Title 11 / Chapter 10 / Section 11-10-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Charge" means the amount of money asked in return for an invitation to enter or go upon the land; (2) "Conservation easement" means a conservation easement as defined in § 66-9-303 ; (3) "Land" includes, but is not limited to, roads, water, watercourses, private ways and buildings, structures and machinery or equipment thereon when attached to the realty; (4) "Owner" includes, but is not limited to, tenant, lessee, occupant or person in control of the premises; (5) "Public use easement" means a public use easement as defined in § 11-13-102 ; and (6) "Recreational purposes" includes, but is not limited to, any one (1) or any combination of the following: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, and visiting, viewing or enjoying historical, archaeological, scenic or scientific sites, or otherwise using land for purposes of the user. Acts 1967, ch. 246, § 3; T.C.A., § 11-1301; Acts 1982, ch. 554, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Charge" means the amount of money asked in return for an invitation to enter or go upon the land;
(2) "Conservation easement" means a conservation easement as defined in § 66-9-303 ;
(3) "Land" includes, but is not limited to, roads, water, watercourses, private ways and buildings, structures and machinery or equipment thereon when attached to the realty;
(4) "Owner" includes, but is not limited to, tenant, lessee, occupant or person in control of the premises;
(5) "Public use easement" means a public use easement as defined in § 11-13-102 ; and
(6) "Recreational purposes" includes, but is not limited to, any one (1) or any combination of the following: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, and visiting, viewing or enjoying historical, archaeological, scenic or scientific sites, or otherwise using land for purposes of the user.
Acts 1967, ch. 246, § 3; T.C.A., § 11-1301; Acts 1982, ch. 554, § 1.
Tenn. Code Ann. § 11-4-101 — TN Code / Title 11 / Chapter 4 / Section 11-4-101
Short title
Status: in_force

This chapter shall be known as the "Tennessee Forestry Act." Acts 1986, ch. 652, § 2.
This chapter shall be known as the "Tennessee Forestry Act."
Acts 1986, ch. 652, § 2.
Tenn. Code Ann. § 11-13-106 — TN Code / Title 11 / Chapter 13 / Section 11-13-106
Administration of system - Criteria
Status: in_force

(a) The scenic river system shall be administered by the department of environment and conservation in cooperation with the wildlife resources agency and according to the policies and criteria set forth in this chapter. (b) The commissioner of environment and conservation is authorized to make and enforce such regulations as are necessary to carry out this chapter as they relate to the scenic values of river areas. (c) In such administration, primary emphasis shall be given to protecting aesthetic, scenic, historic, archaeologic, and scientific features of the area; no buildings for accommodation, administration, or similar purposes shall be constructed, within a scenic river area, within view of the river or its banks, nor shall any automobile parking lots, campgrounds, or similar facilities be located in areas not adequately screened from the river. (d) When publicizing the state's scenic rivers system, the commissioner shall not publicize, and shall omit from any publicity, any Class II or Class III river any part of which flows through a county with a population in excess of four hundred thousand (400,000) according to the United States census of 1970 or any subsequent census. (e) Management plans for protection may differ in intensity within a given class of rivers or within a given river area, based on special attributes of the different localities, but should adhere to the following criteria as closely as possible: (1) Class I scenic river areas should be managed in a manner which: (A) Would best maintain and enhance those conditions which are attributed to a wilderness type area, and those criteria embodied in § 11-13-103 ; (B) Would allow camping and river access only at designated public access areas acquired in fee; and (C) Would allow for public use only within prescribed public use easements or public access areas; (2) Class II scenic river areas should be managed in a manner which would best maintain and enhance the scenic values of the river and the adjacent lands while at the same time preserving the right of riparian landowners to use the river for customary agricultural and other rural purposes; and (3) Class III scenic river areas should be managed in a manner which would best maintain and enhance the scenic values of the river while at the same time preserving the right of riparian landowners to use the river for customary agricultural, residential, recreational, commercial, and industrial purposes. Acts 1968, ch. 540, § 7; 1972, ch. 686, § 2; impl. am. Acts 1974, ch. 481, §§ 4, 6; T.C.A., § 11-1406.
(a) The scenic river system shall be administered by the department of environment and conservation in cooperation with the wildlife resources agency and according to the policies and criteria set forth in this chapter.
(b) The commissioner of environment and conservation is authorized to make and enforce such regulations as are necessary to carry out this chapter as they relate to the scenic values of river areas.
(c) In such administration, primary emphasis shall be given to protecting aesthetic, scenic, historic, archaeologic, and scientific features of the area; no buildings for accommodation, administration, or similar purposes shall be constructed, within a scenic river area, within view of the river or its banks, nor shall any automobile parking lots, campgrounds, or similar facilities be located in areas not adequately screened from the river.
(d) When publicizing the state's scenic rivers system, the commissioner shall not publicize, and shall omit from any publicity, any Class II or Class III river any part of which flows through a county with a population in excess of four hundred thousand (400,000) according to the United States census of 1970 or any subsequent census.
(e) Management plans for protection may differ in intensity within a given class of rivers or within a given river area, based on special attributes of the different localities, but should adhere to the following criteria as closely as possible: (1) Class I scenic river areas should be managed in a manner which: (A) Would best maintain and enhance those conditions which are attributed to a wilderness type area, and those criteria embodied in § 11-13-103 ; (B) Would allow camping and river access only at designated public access areas acquired in fee; and (C) Would allow for public use only within prescribed public use easements or public access areas; (2) Class II scenic river areas should be managed in a manner which would best maintain and enhance the scenic values of the river and the adjacent lands while at the same time preserving the right of riparian landowners to use the river for customary agricultural and other rural purposes; and (3) Class III scenic river areas should be managed in a manner which would best maintain and enhance the scenic values of the river while at the same time preserving the right of riparian landowners to use the river for customary agricultural, residential, recreational, commercial, and industrial purposes.
(1) Class I scenic river areas should be managed in a manner which: (A) Would best maintain and enhance those conditions which are attributed to a wilderness type area, and those criteria embodied in § 11-13-103 ; (B) Would allow camping and river access only at designated public access areas acquired in fee; and (C) Would allow for public use only within prescribed public use easements or public access areas;
(A) Would best maintain and enhance those conditions which are attributed to a wilderness type area, and those criteria embodied in § 11-13-103 ;
(B) Would allow camping and river access only at designated public access areas acquired in fee; and
(C) Would allow for public use only within prescribed public use easements or public access areas;
(2) Class II scenic river areas should be managed in a manner which would best maintain and enhance the scenic values of the river and the adjacent lands while at the same time preserving the right of riparian landowners to use the river for customary agricultural and other rural purposes; and
(3) Class III scenic river areas should be managed in a manner which would best maintain and enhance the scenic values of the river while at the same time preserving the right of riparian landowners to use the river for customary agricultural, residential, recreational, commercial, and industrial purposes.
Acts 1968, ch. 540, § 7; 1972, ch. 686, § 2; impl. am. Acts 1974, ch. 481, §§ 4, 6; T.C.A., § 11-1406.
Tenn. Code Ann. § 11-12-201 — TN Code / Title 11 / Chapter 12 / Section 11-12-201
Title
Status: in_force

This part shall be known and may be cited as the "Jogging Act of 1980." Acts 1980, ch. 835, § 1; T.C.A., §§ 53-6901, 68-51-101.
This part shall be known and may be cited as the "Jogging Act of 1980."
Acts 1980, ch. 835, § 1; T.C.A., §§ 53-6901, 68-51-101.
Tenn. Code Ann. § 11-6-112 — TN Code / Title 11 / Chapter 6 / Section 11-6-112
Violations - Penalties - Enforcement powers
Status: in_force

(a) All acts declared to be misdemeanors in this part, and not otherwise classified, are Class A misdemeanors. (b) All acts declared to be felonies in this part, and not otherwise classified, are Class E felonies. (c) When properly commissioned and qualified by the commissioner of environment and conservation, employees of the division of archaeology shall have all of the police powers necessary to enforce all state laws and all rules and regulations made and published by the department regarding archaeological sites which are authorized for park superintendents and park rangers by § 11-3-107 , within any of the archaeological sites for the purpose of enforcing §§ 11-6-104 - 11-6-106. Acts 1970, ch. 468, § 12; 1973, ch. 77, § 3; T.C.A., § 11-1512; Acts 1984, ch. 801, § 4; 1989, ch. 591, §§ 22, 112; 1990, ch. 852, § 10.
(a) All acts declared to be misdemeanors in this part, and not otherwise classified, are Class A misdemeanors.
(b) All acts declared to be felonies in this part, and not otherwise classified, are Class E felonies.
(c) When properly commissioned and qualified by the commissioner of environment and conservation, employees of the division of archaeology shall have all of the police powers necessary to enforce all state laws and all rules and regulations made and published by the department regarding archaeological sites which are authorized for park superintendents and park rangers by § 11-3-107 , within any of the archaeological sites for the purpose of enforcing §§ 11-6-104 - 11-6-106.
Acts 1970, ch. 468, § 12; 1973, ch. 77, § 3; T.C.A., § 11-1512; Acts 1984, ch. 801, § 4; 1989, ch. 591, §§ 22, 112; 1990, ch. 852, § 10.
Tenn. Code Ann. § 11-21-101 — TN Code / Title 11 / Chapter 21 / Section 11-21-101
Purpose
Status: in_force

The purposes of this chapter are to create a county conservation board and to authorize counties to acquire, develop, maintain, and make available to the inhabitants of the county, public parks, preserves, parkways, playgrounds, recreational centers, county forests, wildlife areas and other conservation areas, and to promote and preserve the health and general welfare of the people, to encourage the orderly development and conservation of natural resources, and to cultivate good citizenship by providing adequate programs of public recreation. Acts 1961, ch. 213, § 1; T.C.A., § 11-1101.
The purposes of this chapter are to create a county conservation board and to authorize counties to acquire, develop, maintain, and make available to the inhabitants of the county, public parks, preserves, parkways, playgrounds, recreational centers, county forests, wildlife areas and other conservation areas, and to promote and preserve the health and general welfare of the people, to encourage the orderly development and conservation of natural resources, and to cultivate good citizenship by providing adequate programs of public recreation.
Acts 1961, ch. 213, § 1; T.C.A., § 11-1101.
Tenn. Code Ann. § 11-21-111 — TN Code / Title 11 / Chapter 21 / Section 11-21-111
Board to provide assistance to small cities and towns
Status: in_force

The county conservation board shall be considered the parks and recreation providing agency for certain small cities and towns excluded from the general application of chapter 24 of this title. Such boards shall work cooperatively with these cities and towns. A small city or town desiring parks and recreation services shall enter into an agreement pursuant to § 11-24-105 with the board. The board shall develop and maintain parks and recreation facilities and programs within the jurisdiction of such small city or town according to this agreement. Acts 1984, ch. 813, § 3.
The county conservation board shall be considered the parks and recreation providing agency for certain small cities and towns excluded from the general application of chapter 24 of this title. Such boards shall work cooperatively with these cities and towns. A small city or town desiring parks and recreation services shall enter into an agreement pursuant to § 11-24-105 with the board. The board shall develop and maintain parks and recreation facilities and programs within the jurisdiction of such small city or town according to this agreement.
Acts 1984, ch. 813, § 3.
Tenn. Code Ann. § 11-4-408 — TN Code / Title 11 / Chapter 4 / Section 11-4-408
Agreements with federal agencies
Status: in_force

The division of forestry, with the approval of the commissioner, may execute agreements with federal agencies for providing fire detection, presuppression, and suppression services on federal lands. Acts 1986, ch. 652, § 19.
The division of forestry, with the approval of the commissioner, may execute agreements with federal agencies for providing fire detection, presuppression, and suppression services on federal lands.
Acts 1986, ch. 652, § 19.
Tenn. Code Ann. § 11-8-105 — TN Code / Title 11 / Chapter 8 / Section 11-8-105
Authority of board - Meetings - Bylaws - Conflicts of interest policy - Annual report - Audit of nonprofit entity
Status: in_force

(a) The board is authorized to: (1) Apply for and receive grants and matching funds to carry out the purposes of this chapter; (2) Request and receive gifts, contributions, bequests, and donations from public and private sources to effectuate its purpose. Any such funds received shall be deposited into the development fund; provided, that, if any such gifts, contributions, bequests, and donations are not in the form of funds, any income, rents, or proceeds generated from the items received shall be deposited into the development fund; (3) Create or establish a nonprofit organization, which shall also be eligible to request and receive gifts, contributions, bequests, donations, and grants from any legal and appropriate source to effectuate the development fund's purpose; (4) Enter into contracts and cooperative agreements with state, federal, and local governments, with private individuals and corporations, and with associations and organizations, as the board may deem necessary to carry out the purposes of this chapter; (5) Adopt policies and guidelines for the use of the development fund; (6) Make such studies and recommendations to the department concerning the Ocoee River management zone; and (7) Take any other necessary actions to carry out this chapter. (b) The board shall meet not less than twice a year. (c) The board shall adopt bylaws. The board chairperson and other officers shall be selected as provided in the bylaws. (d) The board shall adopt and implement a policy related to conflicts of interest, to ensure that all board members avoid any situation that creates an actual or perceived conflict of interest related to the work of the development fund board. (e) The board shall submit an annual report to the governor, speaker of the house of representatives, speaker of the senate, the chair of the energy, agriculture and natural resources committee of the senate, and the chair of the agriculture and natural resources committee of the house of representatives by June 30 of each year. The report shall include detailed information on the operation and financial status of the development fund and any nonprofit entity created pursuant to subdivision (a)(3). (f) Any nonprofit entity created pursuant to subdivision (a)(3) shall be subject to an annual audit by the comptroller of the treasury, and the entity shall bear the full costs of the audit. Added by 2017 Tenn. Acts, ch. 434,s 1, eff. 5/17/2017.
(a) The board is authorized to: (1) Apply for and receive grants and matching funds to carry out the purposes of this chapter; (2) Request and receive gifts, contributions, bequests, and donations from public and private sources to effectuate its purpose. Any such funds received shall be deposited into the development fund; provided, that, if any such gifts, contributions, bequests, and donations are not in the form of funds, any income, rents, or proceeds generated from the items received shall be deposited into the development fund; (3) Create or establish a nonprofit organization, which shall also be eligible to request and receive gifts, contributions, bequests, donations, and grants from any legal and appropriate source to effectuate the development fund's purpose; (4) Enter into contracts and cooperative agreements with state, federal, and local governments, with private individuals and corporations, and with associations and organizations, as the board may deem necessary to carry out the purposes of this chapter; (5) Adopt policies and guidelines for the use of the development fund; (6) Make such studies and recommendations to the department concerning the Ocoee River management zone; and (7) Take any other necessary actions to carry out this chapter.
(1) Apply for and receive grants and matching funds to carry out the purposes of this chapter;
(2) Request and receive gifts, contributions, bequests, and donations from public and private sources to effectuate its purpose. Any such funds received shall be deposited into the development fund; provided, that, if any such gifts, contributions, bequests, and donations are not in the form of funds, any income, rents, or proceeds generated from the items received shall be deposited into the development fund;
(3) Create or establish a nonprofit organization, which shall also be eligible to request and receive gifts, contributions, bequests, donations, and grants from any legal and appropriate source to effectuate the development fund's purpose;
(4) Enter into contracts and cooperative agreements with state, federal, and local governments, with private individuals and corporations, and with associations and organizations, as the board may deem necessary to carry out the purposes of this chapter;
(5) Adopt policies and guidelines for the use of the development fund;
(6) Make such studies and recommendations to the department concerning the Ocoee River management zone; and
(7) Take any other necessary actions to carry out this chapter.
(b) The board shall meet not less than twice a year.
(c) The board shall adopt bylaws. The board chairperson and other officers shall be selected as provided in the bylaws.
(d) The board shall adopt and implement a policy related to conflicts of interest, to ensure that all board members avoid any situation that creates an actual or perceived conflict of interest related to the work of the development fund board.
(e) The board shall submit an annual report to the governor, speaker of the house of representatives, speaker of the senate, the chair of the energy, agriculture and natural resources committee of the senate, and the chair of the agriculture and natural resources committee of the house of representatives by June 30 of each year. The report shall include detailed information on the operation and financial status of the development fund and any nonprofit entity created pursuant to subdivision (a)(3).
(f) Any nonprofit entity created pursuant to subdivision (a)(3) shall be subject to an annual audit by the comptroller of the treasury, and the entity shall bear the full costs of the audit.
Added by 2017 Tenn. Acts, ch. 434,s 1, eff. 5/17/2017.
Tenn. Code Ann. § 11-7-107 — TN Code / Title 11 / Chapter 7 / Section 11-7-107
Acquisitions and disposals of interests in real property
Status: in_force

Acquisitions and disposals of any interest in real property, other than the acquisition of conservation easements and reversionary interests, acquired for the state by the trust fund, or the nonprofit organization created under § 11-7-103(f) , shall be subject to the requirements of § 4-15-102(d) and § 12-2-112 . Notwithstanding any other law to the contrary, the acquisition of conservation easements and reversionary interests by the trust fund and the acquisition of any interest in real property by a non-state public agency, or a nonprofit organization using grant funds received from the trust fund, shall only require that such real property interest be promptly reported to the state building commission, and shall not be subject to § 4-15-102(d) or § 12-2-112 , or any other approval otherwise required by state law. Acts 2005, ch. 444, § 2.
Acquisitions and disposals of any interest in real property, other than the acquisition of conservation easements and reversionary interests, acquired for the state by the trust fund, or the nonprofit organization created under § 11-7-103(f) , shall be subject to the requirements of § 4-15-102(d) and § 12-2-112 . Notwithstanding any other law to the contrary, the acquisition of conservation easements and reversionary interests by the trust fund and the acquisition of any interest in real property by a non-state public agency, or a nonprofit organization using grant funds received from the trust fund, shall only require that such real property interest be promptly reported to the state building commission, and shall not be subject to § 4-15-102(d) or § 12-2-112 , or any other approval otherwise required by state law.
Acts 2005, ch. 444, § 2.
Tenn. Code Ann. § 11-19-104 — TN Code / Title 11 / Chapter 19 / Section 11-19-104
Annual report
Status: in_force

The Great Smoky Mountains Park commission shall submit an annual report of its activities to the governor and to the general assembly within fifteen (15) days after the convening of each regular legislative session, and special reports at such other times as it may deem appropriate. Acts 1974, ch. 503, § 4; T.C.A., § 11-1904; Acts 1980, ch. 494, § 1.
The Great Smoky Mountains Park commission shall submit an annual report of its activities to the governor and to the general assembly within fifteen (15) days after the convening of each regular legislative session, and special reports at such other times as it may deem appropriate.
Acts 1974, ch. 503, § 4; T.C.A., § 11-1904; Acts 1980, ch. 494, § 1.
Tenn. Code Ann. § 11-14-301 — TN Code / Title 11 / Chapter 14 / Section 11-14-301
Short title
Status: in_force

This part shall be known and may be cited as the "Natural Resources Trust Fund Act of 1985." Acts 1985, ch. 189, § 1.
This part shall be known and may be cited as the "Natural Resources Trust Fund Act of 1985."
Acts 1985, ch. 189, § 1.
Tenn. Code Ann. § 11-6-113 — TN Code / Title 11 / Chapter 6 / Section 11-6-113
Contracts and cooperative agreements - Authorization
Status: in_force

The department of transportation is hereby authorized and directed to enter into appropriate contracts and cooperative agreements with the division of archaeology and the United States bureau of public roads and to expend funds, both state and federal, in aid of archaeological survey, salvage, and preservation on any lands and rights-of-way now or hereafter coming into its control in order that the purposes of this chapter shall be achieved. Acts 1970, ch. 468, § 13; impl. am. Acts 1972, ch. 829, § 7; 1973, ch. 77, §4; T.C.A., § 11-1513.
The department of transportation is hereby authorized and directed to enter into appropriate contracts and cooperative agreements with the division of archaeology and the United States bureau of public roads and to expend funds, both state and federal, in aid of archaeological survey, salvage, and preservation on any lands and rights-of-way now or hereafter coming into its control in order that the purposes of this chapter shall be achieved.
Acts 1970, ch. 468, § 13; impl. am. Acts 1972, ch. 829, § 7; 1973, ch. 77, §4; T.C.A., § 11-1513.
Tenn. Code Ann. § 11-5-104 — TN Code / Title 11 / Chapter 5 / Section 11-5-104
Printing and sale of reports and maps - Reports to general assembly
Status: in_force

(a) The regular and special reports of the state geological division, with proper illustrations and maps, shall be printed and distributed and sold as the commissioner of environment and conservation shall deem best for the interest of the people of the state and as the commissioner may direct, and all moneys obtained by the sale of the reports shall be paid into the state treasury. (b) The commissioner shall cause to be prepared a report to the general assembly before each meeting of the same, showing the progress and condition of the survey, together with such other information as they may deem necessary and useful, or as the general assembly may require; provided, that the commissioner shall have the right to print and distribute the reports. Acts 1909, ch. 569, § 6; Shan., § 310a6; mod. Code 1932, § 627; impl. am. Acts 1937, ch. 33, §§ 56, 69; T.C.A. (orig. ed.), § 11-504.
(a) The regular and special reports of the state geological division, with proper illustrations and maps, shall be printed and distributed and sold as the commissioner of environment and conservation shall deem best for the interest of the people of the state and as the commissioner may direct, and all moneys obtained by the sale of the reports shall be paid into the state treasury.
(b) The commissioner shall cause to be prepared a report to the general assembly before each meeting of the same, showing the progress and condition of the survey, together with such other information as they may deem necessary and useful, or as the general assembly may require; provided, that the commissioner shall have the right to print and distribute the reports.
Acts 1909, ch. 569, § 6; Shan., § 310a6; mod. Code 1932, § 627; impl. am. Acts 1937, ch. 33, §§ 56, 69; T.C.A. (orig. ed.), § 11-504.
Tenn. Code Ann. § 11-6-114 — TN Code / Title 11 / Chapter 6 / Section 11-6-114
Acceptance of gifts and grants - Title to land
Status: in_force

(a) The division of archaeology is hereby authorized to accept grants, bequests, devises, gifts, and donations for purposes of furthering the state program in archaeology and to expend funds so received for those purposes. (b) The department of environment and conservation has full power to accept and hold title to land or interests in land in the name of the state for the purposes of this chapter. Acts 1970, ch. 468, § 14; T.C.A., § 11-1514.
(a) The division of archaeology is hereby authorized to accept grants, bequests, devises, gifts, and donations for purposes of furthering the state program in archaeology and to expend funds so received for those purposes.
(b) The department of environment and conservation has full power to accept and hold title to land or interests in land in the name of the state for the purposes of this chapter.
Acts 1970, ch. 468, § 14; T.C.A., § 11-1514.
Tenn. Code Ann. § 11-24-105 — TN Code / Title 11 / Chapter 24 / Section 11-24-105
Joint systems
Status: in_force

Any two (2) or more municipalities may jointly provide, establish, maintain and conduct a supervised recreation system and acquire property for and establish and maintain playgrounds, recreation centers, and other recreational facilities and activities. Acts 1937, ch. 307, § 5; C. Supp. 1950, § 3516.5; T.C.A. (orig. ed.), § 11-905.
Any two (2) or more municipalities may jointly provide, establish, maintain and conduct a supervised recreation system and acquire property for and establish and maintain playgrounds, recreation centers, and other recreational facilities and activities.
Acts 1937, ch. 307, § 5; C. Supp. 1950, § 3516.5; T.C.A. (orig. ed.), § 11-905.
Tenn. Code Ann. § 11-1-104 — TN Code / Title 11 / Chapter 1 / Section 11-1-104
Political activities of officers and employees
Status: in_force

No member, employee or officer of the department of environment and conservation shall use such member's, employee's or officer's official authority or influence for the purpose of interfering with an election or affecting the results thereof, or for the purpose of coercing the political action of any person or body. Failure to comply with the express purpose of this section constitutes grounds for immediate dismissal. Amended by 2013 Tenn. Acts, ch. 93,s 1, eff. 4/8/2013. Acts 1939, ch. 217, § 4; C. Supp. 1950, § 255.68 (Williams, § 255.75d); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-104.
No member, employee or officer of the department of environment and conservation shall use such member's, employee's or officer's official authority or influence for the purpose of interfering with an election or affecting the results thereof, or for the purpose of coercing the political action of any person or body. Failure to comply with the express purpose of this section constitutes grounds for immediate dismissal.
Amended by 2013 Tenn. Acts, ch. 93,s 1, eff. 4/8/2013.
Acts 1939, ch. 217, § 4; C. Supp. 1950, § 255.68 (Williams, § 255.75d); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-104.
Tenn. Code Ann. § 11-4-807 — TN Code / Title 11 / Chapter 4 / Section 11-4-807
Free use of timber from state forests - Designated free-use areas - Notice - State immunity from liability
Status: in_force

(a) As used in this section, "free-use area" means an area where residents of this state may remove downed and dead timber from a state forest, without cost, for their own personal use as firewood for home heating and cooking; provided, that none of the firewood is offered for sale. (b) The state forester must designate portions or all of each state forest as free-use areas where such designation is compatible with the comprehensive state forest system plan prepared under § 11-4-802 . (c) Removing downed and dead timber in designated free-use areas shall be in accordance with rules promulgated by the state forester and approved by the commissioner to prevent fires, minimize damage to live trees and other resources, and to avoid confusion and safety risks among users. (d) The state forester must publish notice of any designation made under subsection (b) on the department's website in a manner approved by the commissioner. (e) This state and its officers and employees shall not be liable to any person for any personal injury, property damage, or death sustained or caused by an individual while removing downed and dead timber in a designated free-use area unless conduct of the state or a state officer or employee that directly caused the personal injury, property damage, or death was intentional tortious conduct or an act or omission constituting gross negligence. Acts 2018, ch. 730, § 1.
(a) As used in this section, "free-use area" means an area where residents of this state may remove downed and dead timber from a state forest, without cost, for their own personal use as firewood for home heating and cooking; provided, that none of the firewood is offered for sale.
(b) The state forester must designate portions or all of each state forest as free-use areas where such designation is compatible with the comprehensive state forest system plan prepared under § 11-4-802 .
(c) Removing downed and dead timber in designated free-use areas shall be in accordance with rules promulgated by the state forester and approved by the commissioner to prevent fires, minimize damage to live trees and other resources, and to avoid confusion and safety risks among users.
(d) The state forester must publish notice of any designation made under subsection (b) on the department's website in a manner approved by the commissioner.
(e) This state and its officers and employees shall not be liable to any person for any personal injury, property damage, or death sustained or caused by an individual while removing downed and dead timber in a designated free-use area unless conduct of the state or a state officer or employee that directly caused the personal injury, property damage, or death was intentional tortious conduct or an act or omission constituting gross negligence.
Acts 2018, ch. 730, § 1.
Tenn. Code Ann. § 11-11-109 — TN Code / Title 11 / Chapter 11 / Section 11-11-109
Locating routes of trails
Status: in_force

The process of locating routes of trails initially included in, as well as trails to be added to, the system shall be as follows: (1) For state scenic trails, the department shall select a route. The selected route shall be compatible with preservation or enhancement of the environment it traverses. Reasonable effort shall be made to minimize any adverse effects upon adjacent landowners and users. Notice of the selected route shall be published by the department in a newspaper of general circulation in the area in which the trail is located, together with appropriate maps and descriptions. Such publication shall be prior to the recommendation by the department to the general assembly; (2) For state recreation trails and for connecting or side trails, the department shall select the route; provided, that when a route traverses land within the jurisdiction of a governmental unit or political subdivision, the department shall consult with such unit or such subdivision prior to its final determination for the location of the route; (3) In selecting routes and implementing this chapter, the department is encouraged to confer with the recognized and established organizations primarily interested in trail development, conservation and outdoor recreation, it being the intent of this section to recognize the efforts and work already completed on such scenic trails as the Appalachian and Cumberland trails by such organizations. Furthermore, the general assembly encourages citizen participation in trail acquisition, construction, development, and maintenance where such activities will not conflict with the purpose of this chapter; and (4) In the selection of the route for any trails, when the trail reaches an area of crop or fenced pasture land, the trail shall be so located as not to interfere in the growing of crops or with the livestock or pasture land and such trail may then follow existing farm roads. The owner of such farmlands may enter a written agreement with the department to grant permission for the crossing of such crop or pasture land. Acts 1971, ch. 103, § 9; T.C.A., § 11-1609.
The process of locating routes of trails initially included in, as well as trails to be added to, the system shall be as follows:
(1) For state scenic trails, the department shall select a route. The selected route shall be compatible with preservation or enhancement of the environment it traverses. Reasonable effort shall be made to minimize any adverse effects upon adjacent landowners and users. Notice of the selected route shall be published by the department in a newspaper of general circulation in the area in which the trail is located, together with appropriate maps and descriptions. Such publication shall be prior to the recommendation by the department to the general assembly;
(2) For state recreation trails and for connecting or side trails, the department shall select the route; provided, that when a route traverses land within the jurisdiction of a governmental unit or political subdivision, the department shall consult with such unit or such subdivision prior to its final determination for the location of the route;
(3) In selecting routes and implementing this chapter, the department is encouraged to confer with the recognized and established organizations primarily interested in trail development, conservation and outdoor recreation, it being the intent of this section to recognize the efforts and work already completed on such scenic trails as the Appalachian and Cumberland trails by such organizations. Furthermore, the general assembly encourages citizen participation in trail acquisition, construction, development, and maintenance where such activities will not conflict with the purpose of this chapter; and
(4) In the selection of the route for any trails, when the trail reaches an area of crop or fenced pasture land, the trail shall be so located as not to interfere in the growing of crops or with the livestock or pasture land and such trail may then follow existing farm roads. The owner of such farmlands may enter a written agreement with the department to grant permission for the crossing of such crop or pasture land.
Acts 1971, ch. 103, § 9; T.C.A., § 11-1609.
Tenn. Code Ann. § 11-6-116 — TN Code / Title 11 / Chapter 6 / Section 11-6-116
Excavation of areas containing Native American Indian human remains - On-site representatives - Notice of intent to remove remains
Status: in_force

(a) When a burial ground or other area containing human remains of Native American Indians is excavated, representatives of Native American Indians shall have a right to be present on the site at all times excavation or treatment of such remains is taking place. (b) The department shall promulgate regulations governing application procedures for and the number of representatives to be present on sites. (c) Any person engaged in work involving the removal of Native American Indian human remains must notify the state archaeologist in writing at least ten (10) days prior to the time a petition is filed under title 46, chapter 4. Within two (2) business days of receiving such notice, the state archaeologist shall forward such notice to the Native American members of the archaeological advisory council and the chair of the Tennessee commission of Indian affairs. Acts 1990, ch. 852, § 11; 1999, ch. 509, § 1.
(a) When a burial ground or other area containing human remains of Native American Indians is excavated, representatives of Native American Indians shall have a right to be present on the site at all times excavation or treatment of such remains is taking place.
(b) The department shall promulgate regulations governing application procedures for and the number of representatives to be present on sites.
(c) Any person engaged in work involving the removal of Native American Indian human remains must notify the state archaeologist in writing at least ten (10) days prior to the time a petition is filed under title 46, chapter 4. Within two (2) business days of receiving such notice, the state archaeologist shall forward such notice to the Native American members of the archaeological advisory council and the chair of the Tennessee commission of Indian affairs.
Acts 1990, ch. 852, § 11; 1999, ch. 509, § 1.
Tenn. Code Ann. § 11-10-104 — TN Code / Title 11 / Chapter 10 / Section 11-10-104
Certain existing liabilities unaffected
Status: in_force

(a) Nothing in this chapter shall be construed as limiting in any way any liability which otherwise exists: (1) For willful or malicious failure to guard or warn against a dangerous or hazardous condition, use, structure, or activity; or (2) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land other than the amount, if any, paid to the owner of the land by the state or any agency thereof, or any county or municipality or agency thereof. (b) Nothing in this chapter shall be deemed to create a duty of care or ground of liability for injury to person or property, and nothing in this chapter shall limit in any way the obligation of a person entering upon or using the land of another for recreational purposes to exercise due care in such person's use of such land and in such person's activities thereon. Acts 1967, ch. 246, § 2; T.C.A., §§ 11-1303, 11-10-103.
(a) Nothing in this chapter shall be construed as limiting in any way any liability which otherwise exists: (1) For willful or malicious failure to guard or warn against a dangerous or hazardous condition, use, structure, or activity; or (2) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land other than the amount, if any, paid to the owner of the land by the state or any agency thereof, or any county or municipality or agency thereof.
(1) For willful or malicious failure to guard or warn against a dangerous or hazardous condition, use, structure, or activity; or
(2) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land other than the amount, if any, paid to the owner of the land by the state or any agency thereof, or any county or municipality or agency thereof.
(b) Nothing in this chapter shall be deemed to create a duty of care or ground of liability for injury to person or property, and nothing in this chapter shall limit in any way the obligation of a person entering upon or using the land of another for recreational purposes to exercise due care in such person's use of such land and in such person's activities thereon.
Acts 1967, ch. 246, § 2; T.C.A., §§ 11-1303, 11-10-103.
Tenn. Code Ann. § 11-18-101 — TN Code / Title 11 / Chapter 18 / Section 11-18-101
United States authorized to acquire land
Status: in_force

The consent of the state of Tennessee is given to the acquisition by the United States, by purchase or otherwise, of such lands within the state as in the opinion of the federal government, the state forester and the governor concurring, may be necessary for the establishment and extension of national forests and parks, and the improvement and development of the Tennessee River basin and the Cove Creek project on the Clinch River and Fort Pillow in Lauderdale County; provided, that the property of no one shall be taken under the power of eminent domain without previous negotiation and that in all such proceedings the United States or its agencies shall, for the purpose of guaranteeing uniformity in such proceedings, follow §§ 29-16-101 - 29-16-122, 29-16-202 and 29-16-203 providing for the taking of private property for works of internal improvement. Amended by 2014 Tenn. Acts, ch. 927,s 8, eff. 5/16/2014. Acts 1933, ch. 161, § 1; 1937, ch. 223, § 1; 1943, ch. 150, § 1; C. Supp. 1950, § 5201.2; T.C.A. (orig. ed.), § 11-1001.
The consent of the state of Tennessee is given to the acquisition by the United States, by purchase or otherwise, of such lands within the state as in the opinion of the federal government, the state forester and the governor concurring, may be necessary for the establishment and extension of national forests and parks, and the improvement and development of the Tennessee River basin and the Cove Creek project on the Clinch River and Fort Pillow in Lauderdale County; provided, that the property of no one shall be taken under the power of eminent domain without previous negotiation and that in all such proceedings the United States or its agencies shall, for the purpose of guaranteeing uniformity in such proceedings, follow §§ 29-16-101 - 29-16-122, 29-16-202 and 29-16-203 providing for the taking of private property for works of internal improvement.
Amended by 2014 Tenn. Acts, ch. 927,s 8, eff. 5/16/2014.
Acts 1933, ch. 161, § 1; 1937, ch. 223, § 1; 1943, ch. 150, § 1; C. Supp. 1950, § 5201.2; T.C.A. (orig. ed.), § 11-1001.
Tenn. Code Ann. § 11-25-119 — TN Code / Title 11 / Chapter 25 / Section 11-25-119
Construction of chapter
Status: in_force

This chapter shall not be construed as a restriction or limitation upon any powers that an authority, as a public corporation, might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. No proceedings, notice or approval shall be required for the organization of the authority or the issuance of any bonds or any instrument as security for the bonds, except as provided in this chapter, any other law to the contrary notwithstanding; provided, that nothing in this chapter shall be construed to deprive the state and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power over same. Acts 2012, ch. 1106, § 1.
This chapter shall not be construed as a restriction or limitation upon any powers that an authority, as a public corporation, might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. No proceedings, notice or approval shall be required for the organization of the authority or the issuance of any bonds or any instrument as security for the bonds, except as provided in this chapter, any other law to the contrary notwithstanding; provided, that nothing in this chapter shall be construed to deprive the state and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power over same.
Acts 2012, ch. 1106, § 1.
Tenn. Code Ann. § 11-6-121 — TN Code / Title 11 / Chapter 6 / Section 11-6-121
Abandoned shipwrecks
Status: in_force

(a) Since the congress has found that the state has certain responsibilities under the Abandoned Shipwreck Act of 1987, Public Law No. 100-298 ( 43 U.S.C. § 2101 et seq.), the division of archaeology is authorized to: (1) Develop a plan regarding significant shipwreck sites in Tennessee which will include management strategies for the preservation and conservation of shipwrecks; (2) Recognize important events and geographic locations in the history and development of river navigation; (3) Establish a geographic data base and an information system that can be used to locate, track, and cross-reference significant shipwrecks; (4) Acquire or provide funds for the research and identification of shipwrecks; and (5) Expend funds received from state appropriations and other sources to make grants to municipalities, counties, and nonprofit organizations for the purpose of this section. (b) The division is authorized, in carrying out its purposes, to: (1) Accept loans or grants, or both, of money, materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or such agency or instrumentality may impose; (2) Receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration from any person, firm, or corporation, or from the state or any agency or instrumentality thereof or from any county, municipal corporation or local government or governing body; and (3) Hold, use, administer and expend such sum or sums as may hereafter be received as income, as gifts or as appropriations from the general assembly for any of the purposes of the division. Acts 1995, ch. 218, § 3.
(a) Since the congress has found that the state has certain responsibilities under the Abandoned Shipwreck Act of 1987, Public Law No. 100-298 ( 43 U.S.C. § 2101 et seq.), the division of archaeology is authorized to: (1) Develop a plan regarding significant shipwreck sites in Tennessee which will include management strategies for the preservation and conservation of shipwrecks; (2) Recognize important events and geographic locations in the history and development of river navigation; (3) Establish a geographic data base and an information system that can be used to locate, track, and cross-reference significant shipwrecks; (4) Acquire or provide funds for the research and identification of shipwrecks; and (5) Expend funds received from state appropriations and other sources to make grants to municipalities, counties, and nonprofit organizations for the purpose of this section.
(1) Develop a plan regarding significant shipwreck sites in Tennessee which will include management strategies for the preservation and conservation of shipwrecks;
(2) Recognize important events and geographic locations in the history and development of river navigation;
(3) Establish a geographic data base and an information system that can be used to locate, track, and cross-reference significant shipwrecks;
(4) Acquire or provide funds for the research and identification of shipwrecks; and
(5) Expend funds received from state appropriations and other sources to make grants to municipalities, counties, and nonprofit organizations for the purpose of this section.
(b) The division is authorized, in carrying out its purposes, to: (1) Accept loans or grants, or both, of money, materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or such agency or instrumentality may impose; (2) Receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration from any person, firm, or corporation, or from the state or any agency or instrumentality thereof or from any county, municipal corporation or local government or governing body; and (3) Hold, use, administer and expend such sum or sums as may hereafter be received as income, as gifts or as appropriations from the general assembly for any of the purposes of the division.
(1) Accept loans or grants, or both, of money, materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or such agency or instrumentality may impose;
(2) Receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration from any person, firm, or corporation, or from the state or any agency or instrumentality thereof or from any county, municipal corporation or local government or governing body; and
(3) Hold, use, administer and expend such sum or sums as may hereafter be received as income, as gifts or as appropriations from the general assembly for any of the purposes of the division.
Acts 1995, ch. 218, § 3.
Tenn. Code Ann. § 11-14-105 — TN Code / Title 11 / Chapter 14 / Section 11-14-105
Classifications
Status: in_force

There shall be two (2) classes of areas within the meaning of this part: (1) Class I, scenic-recreational areas, which are areas associated with and containing waterfalls, natural bridges, natural lakes, small but scenic brooks or streams, gorges, coves, woodlands, caverns or other similar features or phenomena, which are unique in scenic and recreational value and not extensive enough for a state park but worthy of perpetual preservation; and (2) Class II, natural-scientific areas, which are areas associated with and containing floral assemblages, forest types, fossil assemblages, geological phenomena, hydrological phenomena, swamplands and other similar features or phenomena which are unique in natural or scientific value and are worthy of perpetual preservation. Acts 1971, ch. 116, § 5; T.C.A., § 11-1705.
There shall be two (2) classes of areas within the meaning of this part:
(1) Class I, scenic-recreational areas, which are areas associated with and containing waterfalls, natural bridges, natural lakes, small but scenic brooks or streams, gorges, coves, woodlands, caverns or other similar features or phenomena, which are unique in scenic and recreational value and not extensive enough for a state park but worthy of perpetual preservation; and
(2) Class II, natural-scientific areas, which are areas associated with and containing floral assemblages, forest types, fossil assemblages, geological phenomena, hydrological phenomena, swamplands and other similar features or phenomena which are unique in natural or scientific value and are worthy of perpetual preservation.
Acts 1971, ch. 116, § 5; T.C.A., § 11-1705.
Tenn. Code Ann. § 11-3-206 — TN Code / Title 11 / Chapter 3 / Section 11-3-206
Assistance by the commissioner
Status: in_force

The commissioner, through the director of the division of state parks, may assist organizers of a citizen support organization with its creation and may provide technical assistance to the organization after its incorporation. However, it is the responsibility of the citizen support organization to ensure that the organization is lawfully incorporated and operating. Acts 1993, ch. 40, § 6.
The commissioner, through the director of the division of state parks, may assist organizers of a citizen support organization with its creation and may provide technical assistance to the organization after its incorporation. However, it is the responsibility of the citizen support organization to ensure that the organization is lawfully incorporated and operating.
Acts 1993, ch. 40, § 6.
Tenn. Code Ann. § 11-9-101 — TN Code / Title 11 / Chapter 9 / Section 11-9-101
Purpose of part
Status: in_force

The general assembly finds that the state of Tennessee and its subdivisions should enjoy the benefits of private, local and federal assistance programs for the planning and development of the outdoor recreation resources of the state, including the acquisition of lands and waters and interests therein. It is the purpose of this part to provide authority to enable the state of Tennessee and its subdivisions to participate in the benefits of such programs. Acts 1965, ch. 181, § 1; T.C.A., § 11-1201.
The general assembly finds that the state of Tennessee and its subdivisions should enjoy the benefits of private, local and federal assistance programs for the planning and development of the outdoor recreation resources of the state, including the acquisition of lands and waters and interests therein. It is the purpose of this part to provide authority to enable the state of Tennessee and its subdivisions to participate in the benefits of such programs.
Acts 1965, ch. 181, § 1; T.C.A., § 11-1201.
Tenn. Code Ann. § 11-14-109 — TN Code / Title 11 / Chapter 14 / Section 11-14-109
Plan for development and protection
Status: in_force

The commissioner shall, within two (2) years after an area has been made a part of this system, have completed a comprehensive plan of development and protection, and shall have begun the process of acquisition. Acts 1971, ch. 116, § 9; T.C.A., § 11-1709.
The commissioner shall, within two (2) years after an area has been made a part of this system, have completed a comprehensive plan of development and protection, and shall have begun the process of acquisition.
Acts 1971, ch. 116, § 9; T.C.A., § 11-1709.
Tenn. Code Ann. § 11-3-208 — TN Code / Title 11 / Chapter 3 / Section 11-3-208
Gifts and donations
Status: in_force

(a) Any monetary gifts, donations or otherwise received by the department, the commissioner, the division of state parks or by a specific park from a citizen support organization and designated by the citizen support organization for the benefit of a specific park or the park system in general, shall be deposited directly to the account for the specific park or to the general account for the division of state parks, shall not revert to the general fund at the end of the fiscal year and shall be retained in the account until expended, notwithstanding title 9, chapter 4, or such other provisions requiring all funds be deposited into or revert to the general fund. (b) Any gifts of equipment, materials, or other personal property to a specific park shall be used solely at that park unless the commissioner determines its use at another park is necessary. Acts 1993, ch. 40, § 8.
(a) Any monetary gifts, donations or otherwise received by the department, the commissioner, the division of state parks or by a specific park from a citizen support organization and designated by the citizen support organization for the benefit of a specific park or the park system in general, shall be deposited directly to the account for the specific park or to the general account for the division of state parks, shall not revert to the general fund at the end of the fiscal year and shall be retained in the account until expended, notwithstanding title 9, chapter 4, or such other provisions requiring all funds be deposited into or revert to the general fund.
(b) Any gifts of equipment, materials, or other personal property to a specific park shall be used solely at that park unless the commissioner determines its use at another park is necessary.
Acts 1993, ch. 40, § 8.
Tenn. Code Ann. § 11-6-108 — TN Code / Title 11 / Chapter 6 / Section 11-6-108
State lands - Reserved from sale - Procedure
Status: repealed

(a) Upon written notice to the commissioner of general services, given by the state archaeologist, the commissioner shall reserve from sale any state lands, including lands forfeited to the state for nonpayment of taxes, on which sites or artifacts are located or may be found; provided, that the reservation of such lands from sale may be confined to the actual location of the site or artifacts. (b) When such site or artifacts have been explored, excavated, or otherwise examined to the extent desired by the division of archaeology, the state archaeologist shall then file with the commissioner a statement releasing such lands and permitting the sale of such lands. Acts 1970, ch. 468, § 8; T.C.A., § 11-1508.
(a) Upon written notice to the commissioner of general services, given by the state archaeologist, the commissioner shall reserve from sale any state lands, including lands forfeited to the state for nonpayment of taxes, on which sites or artifacts are located or may be found; provided, that the reservation of such lands from sale may be confined to the actual location of the site or artifacts.
(b) When such site or artifacts have been explored, excavated, or otherwise examined to the extent desired by the division of archaeology, the state archaeologist shall then file with the commissioner a statement releasing such lands and permitting the sale of such lands.
Acts 1970, ch. 468, § 8; T.C.A., § 11-1508.
Tenn. Code Ann. § 11-4-601 — TN Code / Title 11 / Chapter 4 / Section 11-4-601
Reforestation program
Status: in_force

The division shall acquire, develop, and administer forest tree seedling nursery sites and facilities as necessary to assure the long-term production of seedlings in sufficient quantity and quality for purposes of reforestation, and shall maintain a tree improvement program to assure the continued development and production of genetically superior tree seed. Acts 1986, ch. 652, § 30.
The division shall acquire, develop, and administer forest tree seedling nursery sites and facilities as necessary to assure the long-term production of seedlings in sufficient quantity and quality for purposes of reforestation, and shall maintain a tree improvement program to assure the continued development and production of genetically superior tree seed.
Acts 1986, ch. 652, § 30.
Tenn. Code Ann. § 11-6-119 — TN Code / Title 11 / Chapter 6 / Section 11-6-119
Reburial of human remains or Native American burial objects following discovery or confiscation
Status: in_force

Any human remains or any Native American burial objects discovered in the course of an excavation, exhumation or accidentally, and any such remains and their associated burial objects confiscated under § 11-6-118 , shall be properly reburied following scientific analysis within six (6) months of such discovery or confiscation in accordance with procedures formulated by the advisory council which are appropriate to Native American traditions. Upon request for scientific or medical research, the director of the division may grant an extension of not more than six (6) months before reburial is required. Acts 1990, ch. 852, § 11; 1999, ch. 509, §§ 2, 3.
Any human remains or any Native American burial objects discovered in the course of an excavation, exhumation or accidentally, and any such remains and their associated burial objects confiscated under § 11-6-118 , shall be properly reburied following scientific analysis within six (6) months of such discovery or confiscation in accordance with procedures formulated by the advisory council which are appropriate to Native American traditions. Upon request for scientific or medical research, the director of the division may grant an extension of not more than six (6) months before reburial is required.
Acts 1990, ch. 852, § 11; 1999, ch. 509, §§ 2, 3.
Tenn. Code Ann. § 11-6-115 — TN Code / Title 11 / Chapter 6 / Section 11-6-115
Tennessee Archaeological Society - Support of programs
Status: in_force

(a) The division of archaeology is hereby authorized to assist and support the programs of the Tennessee Archaeological Society to the extent that the purposes and aims of the two (2) coincide. (b) The Tennessee Archaeological Society is hereby requested to assist and cooperate with the purposes and programs of the division of archaeology. Acts 1970, ch. 468, § 15; T.C.A., § 11-1515.
(a) The division of archaeology is hereby authorized to assist and support the programs of the Tennessee Archaeological Society to the extent that the purposes and aims of the two (2) coincide.
(b) The Tennessee Archaeological Society is hereby requested to assist and cooperate with the purposes and programs of the division of archaeology.
Acts 1970, ch. 468, § 15; T.C.A., § 11-1515.
Tenn. Code Ann. § 11-3-302 — TN Code / Title 11 / Chapter 3 / Section 11-3-302
State park fund
Status: in_force

(a) There is created a special agency account in the state general fund to be known as the "state park fund," hereinafter referred to in this part as the "fund." (b) Any fund balance remaining unexpended at the end of a fiscal year in the fund shall be carried forward into the subsequent fiscal year. (c) Interest accruing on investments and deposits of the state park fund shall be carried forward into the subsequent fiscal year. (d) Unless otherwise specified in this part, the funds realized from voluntary contributions generated from the operation of state parks under the control or supervision of the division of parks shall be deposited in the fund. No part of the fund shall be diverted to the general fund or any other public fund. (e) Moneys in the fund shall be invested by the state treasurer in accordance with § 9-4-603 . The fund shall be administered by the commissioner of environment and conservation. (f) Moneys in the fund shall only be expended and obligated in accordance with appropriations made by the general assembly. (g) Moneys in the fund shall only be expended in accordance with this part. (h) Any revenues realized from user fees charged by the state parks shall be deposited in a sub-account within the fund which shall be governed by this part except the restriction regarding salaries in § 11-3-304 . (i) Any revenues derived from the payment of fees charged at state parks and any fines, penalties, forfeitures, or contraband allocated to state parks pursuant to state law shall be deposited in the fund. Acts 1998, ch. 1083, § 3; 2000, ch. 921, §§ 2, 3; 2004, ch. 847, § 2.
(a) There is created a special agency account in the state general fund to be known as the "state park fund," hereinafter referred to in this part as the "fund."
(b) Any fund balance remaining unexpended at the end of a fiscal year in the fund shall be carried forward into the subsequent fiscal year.
(c) Interest accruing on investments and deposits of the state park fund shall be carried forward into the subsequent fiscal year.
(d) Unless otherwise specified in this part, the funds realized from voluntary contributions generated from the operation of state parks under the control or supervision of the division of parks shall be deposited in the fund. No part of the fund shall be diverted to the general fund or any other public fund.
(e) Moneys in the fund shall be invested by the state treasurer in accordance with § 9-4-603 . The fund shall be administered by the commissioner of environment and conservation.
(f) Moneys in the fund shall only be expended and obligated in accordance with appropriations made by the general assembly.
(g) Moneys in the fund shall only be expended in accordance with this part.
(h) Any revenues realized from user fees charged by the state parks shall be deposited in a sub-account within the fund which shall be governed by this part except the restriction regarding salaries in § 11-3-304 .
(i) Any revenues derived from the payment of fees charged at state parks and any fines, penalties, forfeitures, or contraband allocated to state parks pursuant to state law shall be deposited in the fund.
Acts 1998, ch. 1083, § 3; 2000, ch. 921, §§ 2, 3; 2004, ch. 847, § 2.
Tenn. Code Ann. § 11-3-303 — TN Code / Title 11 / Chapter 3 / Section 11-3-303
Expenditures
Status: in_force

The fund shall be used for expenditures for state parks, including, but not limited to: (1) The administration of state parks; (2) The purchase of lands and rights therein suitable for management by the division of state parks; (3) The renovation, equipment, maintenance and upkeep of managed property and all buildings and structures related thereto; (4) The construction of suitable buildings, recreational facilities, parking lots, trails, campgrounds, picnic areas, scenic areas, cabins, inns, golf courses, swimming facilities, restaurants, marinas, docks and structures necessary for the use and enjoyment of state parks; (5) The promotion, advancement and efficient management of state parks and their resources, including educational activities to that end; and (6) Any other purpose determined by the commissioner of environment and conservation to be necessary or beneficial to implement this title. Acts 1998, ch. 1083, § 4.
The fund shall be used for expenditures for state parks, including, but not limited to:
(1) The administration of state parks;
(2) The purchase of lands and rights therein suitable for management by the division of state parks;
(3) The renovation, equipment, maintenance and upkeep of managed property and all buildings and structures related thereto;
(4) The construction of suitable buildings, recreational facilities, parking lots, trails, campgrounds, picnic areas, scenic areas, cabins, inns, golf courses, swimming facilities, restaurants, marinas, docks and structures necessary for the use and enjoyment of state parks;
(5) The promotion, advancement and efficient management of state parks and their resources, including educational activities to that end; and
(6) Any other purpose determined by the commissioner of environment and conservation to be necessary or beneficial to implement this title.
Acts 1998, ch. 1083, § 4.
Tenn. Code Ann. § 11-3-304 — TN Code / Title 11 / Chapter 3 / Section 11-3-304
Excluded uses of funds
Status: in_force

No voluntary contributions or donations made pursuant to this part shall be used to pay salaries of employees or administrators of such state parks. Acts 1998, ch. 1083, § 5.
No voluntary contributions or donations made pursuant to this part shall be used to pay salaries of employees or administrators of such state parks.
Acts 1998, ch. 1083, § 5.
Tenn. Code Ann. § 11-4-804 — TN Code / Title 11 / Chapter 4 / Section 11-4-804
Acquisition of state forests authorized
Status: in_force

The division of forestry is authorized and empowered to acquire by purchase, gift, lease, or otherwise, and hold title thereto in the name of the state, lands to be known as state forests. Acts 1937, ch. 280, § 7; C. Supp. 1950, § 630.11 (Williams, § 630.12); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-406; Acts 1986, ch. 652, § 42; T.C.A., § 11-4-106.
The division of forestry is authorized and empowered to acquire by purchase, gift, lease, or otherwise, and hold title thereto in the name of the state, lands to be known as state forests.
Acts 1937, ch. 280, § 7; C. Supp. 1950, § 630.11 (Williams, § 630.12); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-406; Acts 1986, ch. 652, § 42; T.C.A., § 11-4-106.
Tenn. Code Ann. § 11-21-103 — TN Code / Title 11 / Chapter 21 / Section 11-21-103
Officers of board - Meetings - Powers - Annual report
Status: in_force

Within thirty (30) days after their appointment, the county conservation board shall organize by selecting from its members a president and secretary and such other officers as are deemed necessary, who shall hold office for the calendar year in which elected and until their successors are selected and qualified. A majority of the members to which the board is entitled shall constitute a quorum for the transaction of business. The board shall hold regular monthly meetings; provided, however, that by majority vote of the membership, the board may hold meetings less frequently based on the needs of the county, but not less frequently than quarterly. Special meetings may be called by the president, and shall be called on the request of a majority of members, as necessity may require. The board shall have power to adopt bylaws, to adopt and use a common seal, and to enter into contracts. The county legislative body shall provide suitable offices for the meetings of the board and for the safekeeping of its records. Such records shall be subject to public inspection at all reasonable hours and under such regulations as the board may prescribe. The board shall annually make a full and complete report to the county legislative body of its transactions and operations for the preceding year. Such report shall contain a full statement of its receipts, disbursements, and the program of work for the period covered, and may include such recommendations as may be deemed advisable. A copy of this report shall be filed with the commissioner of environment and conservation. Acts 1961, ch. 213, § 3; impl. am. Acts 1963, ch. 169, §3; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 11-1103; Acts 2005, ch. 83, §3; 2009 , ch. 496, § 1.
Within thirty (30) days after their appointment, the county conservation board shall organize by selecting from its members a president and secretary and such other officers as are deemed necessary, who shall hold office for the calendar year in which elected and until their successors are selected and qualified. A majority of the members to which the board is entitled shall constitute a quorum for the transaction of business. The board shall hold regular monthly meetings; provided, however, that by majority vote of the membership, the board may hold meetings less frequently based on the needs of the county, but not less frequently than quarterly. Special meetings may be called by the president, and shall be called on the request of a majority of members, as necessity may require. The board shall have power to adopt bylaws, to adopt and use a common seal, and to enter into contracts. The county legislative body shall provide suitable offices for the meetings of the board and for the safekeeping of its records. Such records shall be subject to public inspection at all reasonable hours and under such regulations as the board may prescribe. The board shall annually make a full and complete report to the county legislative body of its transactions and operations for the preceding year. Such report shall contain a full statement of its receipts, disbursements, and the program of work for the period covered, and may include such recommendations as may be deemed advisable. A copy of this report shall be filed with the commissioner of environment and conservation.
Acts 1961, ch. 213, § 3; impl. am. Acts 1963, ch. 169, §3; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 11-1103; Acts 2005, ch. 83, §3; 2009 , ch. 496, § 1.
Tenn. Code Ann. § 11-6-118 — TN Code / Title 11 / Chapter 6 / Section 11-6-118
Import or export of human remains
Status: in_force

(a) The import into Tennessee or the export from Tennessee of human remains is prohibited except in the following instances: (1) Import or export by hospitals, medical schools, colleges or universities for education or research purposes; (2) Import for burial or reburial in Tennessee or export for burial or reburial in another state or country; (3) Import or export for preparation for burial or reburial; (4) Import or export for use as evidence in any judicial proceeding; or (5) Import or export by state, county, or municipal law enforcement agencies for the purpose of human remains detection training; provided, that the import and export of human remains for human remains detection training must be conducted in accordance with best practices and procedures regarding: (A) The secure storage of human remains; (B) The use of human remains as a training aid for human remains detection training; and (C) Proper disposal methods for human remains after the remains are no longer being used as a training aid. (b) A violation of subsection (a) is a Class E felony. (c) Any remains so imported or exported shall be confiscated and subject to disposition as provided in §§ 11-6-104 and 11-6-119 . Amended by 2024 Tenn. Acts, ch. 1054,s 1, eff. 5/28/2024. Acts 1990, ch. 852, § 11; 2006, ch. 896, § 2.
(a) The import into Tennessee or the export from Tennessee of human remains is prohibited except in the following instances: (1) Import or export by hospitals, medical schools, colleges or universities for education or research purposes; (2) Import for burial or reburial in Tennessee or export for burial or reburial in another state or country; (3) Import or export for preparation for burial or reburial; (4) Import or export for use as evidence in any judicial proceeding; or (5) Import or export by state, county, or municipal law enforcement agencies for the purpose of human remains detection training; provided, that the import and export of human remains for human remains detection training must be conducted in accordance with best practices and procedures regarding: (A) The secure storage of human remains; (B) The use of human remains as a training aid for human remains detection training; and (C) Proper disposal methods for human remains after the remains are no longer being used as a training aid.
(1) Import or export by hospitals, medical schools, colleges or universities for education or research purposes;
(2) Import for burial or reburial in Tennessee or export for burial or reburial in another state or country;
(3) Import or export for preparation for burial or reburial;
(4) Import or export for use as evidence in any judicial proceeding; or
(5) Import or export by state, county, or municipal law enforcement agencies for the purpose of human remains detection training; provided, that the import and export of human remains for human remains detection training must be conducted in accordance with best practices and procedures regarding: (A) The secure storage of human remains; (B) The use of human remains as a training aid for human remains detection training; and (C) Proper disposal methods for human remains after the remains are no longer being used as a training aid.
(A) The secure storage of human remains;
(B) The use of human remains as a training aid for human remains detection training; and
(C) Proper disposal methods for human remains after the remains are no longer being used as a training aid.
(b) A violation of subsection (a) is a Class E felony.
(c) Any remains so imported or exported shall be confiscated and subject to disposition as provided in §§ 11-6-104 and 11-6-119 .
Amended by 2024 Tenn. Acts, ch. 1054,s 1, eff. 5/28/2024.
Acts 1990, ch. 852, § 11; 2006, ch. 896, § 2.
Tenn. Code Ann. § 11-14-117 — TN Code / Title 11 / Chapter 14 / Section 11-14-117
Initiation of proceedings - Injunctive relief
Status: in_force

The commissioner may initiate proceedings in the chancery court of Davidson County or the county in which the activities occurred against any person who is alleged to have violated or is about to violate this part or the rules promulgated hereunder. In such action the commissioner may seek, and the court may grant, injunctive relief and any other relief available in law or equity. Acts 2001, ch. 56, § 8.
The commissioner may initiate proceedings in the chancery court of Davidson County or the county in which the activities occurred against any person who is alleged to have violated or is about to violate this part or the rules promulgated hereunder. In such action the commissioner may seek, and the court may grant, injunctive relief and any other relief available in law or equity.
Acts 2001, ch. 56, § 8.
Tenn. Code Ann. § 11-13-109 — TN Code / Title 11 / Chapter 13 / Section 11-13-109
Acquisition of land
Status: in_force

Within the exterior boundaries of a scenic river area, as established under § 11-13-108 , the commissioner of environment and conservation may acquire on behalf of the state of Tennessee lands in fee title, or an interest in land in the form of easements as defined in § 11-13-102 . Acquisition of land or of interest therein may be by donation, purchase with donated or appropriated funds, exchange, or otherwise. Acts 1968, ch. 540, § 10; 1972, ch. 686, § 4; T.C.A., § 11-1409; Acts 1984, ch. 575, § 1.
Within the exterior boundaries of a scenic river area, as established under § 11-13-108 , the commissioner of environment and conservation may acquire on behalf of the state of Tennessee lands in fee title, or an interest in land in the form of easements as defined in § 11-13-102 . Acquisition of land or of interest therein may be by donation, purchase with donated or appropriated funds, exchange, or otherwise.
Acts 1968, ch. 540, § 10; 1972, ch. 686, § 4; T.C.A., § 11-1409; Acts 1984, ch. 575, § 1.
Tenn. Code Ann. § 11-14-106 — TN Code / Title 11 / Chapter 14 / Section 11-14-106
Development permitted
Status: in_force

(a) The following development shall be permitted in the two (2) classes of areas: (1) (A) Class I areas may be developed with foot trails, foot bridges, overlooks, primitive campgrounds and small picnic areas with associated sanitary facilities; (B) Class II areas may be developed with foot trails, foot bridges, overlooks and primitive campgrounds; and (2) Either class may be developed with such facilities as may be reasonably necessary for the dissemination of educational material and for the safe and proper management and protection of the area; provided, that no such facility shall be constructed or sited in such a manner as to be inconsistent with the preservation of the natural or scientific values in a Class II area or as an intrusion upon the scenic and recreational values in a Class I area. (b) The commissioner shall adopt rules and regulations for each natural area, specifying the activity or activities permitted. Such permissible activities shall not be inconsistent with the purpose of perpetual preservation. If, in the discretion of the commissioner, any portion of an area is deemed to be of so fragile a nature that overuse may damage it, limitations may be placed on activities within those portions. Removal of plants, animals or geological specimens shall not be permitted except by permit issued by the commissioner. If hunting or fishing are among the activities permitted by the commissioner, the commissioner shall adopt, with the advice of the wildlife resources agency, rules and regulations to regulate such activity on the natural area in question. Such rules and regulations may be more restrictive than the rules and regulations adopted for statewide hunting and fishing by the wildlife resources agency. Acts 1971, ch. 116, § 6; 1978, ch. 634, § 1; T.C.A., § 11-1706.
(a) The following development shall be permitted in the two (2) classes of areas: (1) (A) Class I areas may be developed with foot trails, foot bridges, overlooks, primitive campgrounds and small picnic areas with associated sanitary facilities; (B) Class II areas may be developed with foot trails, foot bridges, overlooks and primitive campgrounds; and (2) Either class may be developed with such facilities as may be reasonably necessary for the dissemination of educational material and for the safe and proper management and protection of the area; provided, that no such facility shall be constructed or sited in such a manner as to be inconsistent with the preservation of the natural or scientific values in a Class II area or as an intrusion upon the scenic and recreational values in a Class I area.
(1) (A) Class I areas may be developed with foot trails, foot bridges, overlooks, primitive campgrounds and small picnic areas with associated sanitary facilities; (B) Class II areas may be developed with foot trails, foot bridges, overlooks and primitive campgrounds; and
(A) Class I areas may be developed with foot trails, foot bridges, overlooks, primitive campgrounds and small picnic areas with associated sanitary facilities;
(B) Class II areas may be developed with foot trails, foot bridges, overlooks and primitive campgrounds; and
(2) Either class may be developed with such facilities as may be reasonably necessary for the dissemination of educational material and for the safe and proper management and protection of the area; provided, that no such facility shall be constructed or sited in such a manner as to be inconsistent with the preservation of the natural or scientific values in a Class II area or as an intrusion upon the scenic and recreational values in a Class I area.
(b) The commissioner shall adopt rules and regulations for each natural area, specifying the activity or activities permitted. Such permissible activities shall not be inconsistent with the purpose of perpetual preservation. If, in the discretion of the commissioner, any portion of an area is deemed to be of so fragile a nature that overuse may damage it, limitations may be placed on activities within those portions. Removal of plants, animals or geological specimens shall not be permitted except by permit issued by the commissioner. If hunting or fishing are among the activities permitted by the commissioner, the commissioner shall adopt, with the advice of the wildlife resources agency, rules and regulations to regulate such activity on the natural area in question. Such rules and regulations may be more restrictive than the rules and regulations adopted for statewide hunting and fishing by the wildlife resources agency.
Acts 1971, ch. 116, § 6; 1978, ch. 634, § 1; T.C.A., § 11-1706.
Tenn. Code Ann. § 11-4-401 — TN Code / Title 11 / Chapter 4 / Section 11-4-401
Creation - Administration and supervision
Status: in_force

There is created and established a division to be known as the division of forestry, which shall be administered as a division of the department of agriculture. The division will be under the direct supervision of the state forester. Acts 1937, ch. 280, § 2; C. Supp. 1950, § 630.6 (Williams, § 630.7); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-401; Acts 1986, ch. 652, § 11; T.C.A., § 11-4-101 .
There is created and established a division to be known as the division of forestry, which shall be administered as a division of the department of agriculture. The division will be under the direct supervision of the state forester.
Acts 1937, ch. 280, § 2; C. Supp. 1950, § 630.6 (Williams, § 630.7); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-401; Acts 1986, ch. 652, § 11; T.C.A., § 11-4-101 .
Tenn. Code Ann. § 11-10-106 — TN Code / Title 11 / Chapter 10 / Section 11-10-106
Owner liability to users of property for outdoor recreation
Status: in_force

(a) An owner of land who enters into a cooperative agreement with a public utility owned by the federal government for the use of the public utility's land in conjunction with the owner's land of at least one hundred (100) acres that is made available to the public as a park for outdoor recreational purposes without charge, except for a nominal parking fee or special event fee, owes no duty of care to persons entering or going upon such land and is not liable for any loss, damages, or injury to such persons. (b) This section does not limit liability for any conduct that constitutes gross negligence or willful and wanton misconduct. (c) As used in this section, "outdoor recreational purposes" means any activity within an outdoor environment, including, but not limited to, fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, biking trails and bike skills areas, greenway trails, nature study, non-motorized boat access, and playgrounds. Added by 2024 Tenn. Acts, ch. 819,s 1, eff. 4/29/2024.
(a) An owner of land who enters into a cooperative agreement with a public utility owned by the federal government for the use of the public utility's land in conjunction with the owner's land of at least one hundred (100) acres that is made available to the public as a park for outdoor recreational purposes without charge, except for a nominal parking fee or special event fee, owes no duty of care to persons entering or going upon such land and is not liable for any loss, damages, or injury to such persons.
(b) This section does not limit liability for any conduct that constitutes gross negligence or willful and wanton misconduct.
(c) As used in this section, "outdoor recreational purposes" means any activity within an outdoor environment, including, but not limited to, fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, biking trails and bike skills areas, greenway trails, nature study, non-motorized boat access, and playgrounds.
Added by 2024 Tenn. Acts, ch. 819,s 1, eff. 4/29/2024.
Tenn. Code Ann. § 11-7-108 — TN Code / Title 11 / Chapter 7 / Section 11-7-108
Exemption from taxes
Status: in_force

Real property in which the trust fund acquires a fee simple interest for the state shall be exempt from all state and local property taxes. Acts 2005, ch. 444, § 2.
Real property in which the trust fund acquires a fee simple interest for the state shall be exempt from all state and local property taxes.
Acts 2005, ch. 444, § 2.
Tenn. Code Ann. § 11-15-105 — TN Code / Title 11 / Chapter 15 / Section 11-15-105
Tax assessment
Status: in_force

(a) When a scenic easement is held by a public body for the purposes of this chapter, the subject real property shall be assessed on the basis of the true cash value of the property or as otherwise provided by law, less such reduction in value as may result from the granting of the scenic easements. (b) (1) The value of the easement interest held by the public body shall be exempt from property taxation to the same extent as other public property. (2) If a scenic easement in a structure is held by a public body for the term of a person's life or a term of years, the exemption shall apply for the length of the term and no longer. Acts 1973, ch. 21, § 5; 1976, ch. 730, § 5; T.C.A., § 11-1805.
(a) When a scenic easement is held by a public body for the purposes of this chapter, the subject real property shall be assessed on the basis of the true cash value of the property or as otherwise provided by law, less such reduction in value as may result from the granting of the scenic easements.
(b) (1) The value of the easement interest held by the public body shall be exempt from property taxation to the same extent as other public property. (2) If a scenic easement in a structure is held by a public body for the term of a person's life or a term of years, the exemption shall apply for the length of the term and no longer.
(1) The value of the easement interest held by the public body shall be exempt from property taxation to the same extent as other public property.
(2) If a scenic easement in a structure is held by a public body for the term of a person's life or a term of years, the exemption shall apply for the length of the term and no longer.
Acts 1973, ch. 21, § 5; 1976, ch. 730, § 5; T.C.A., § 11-1805.
Tenn. Code Ann. § 11-13-114 — TN Code / Title 11 / Chapter 13 / Section 11-13-114
Inclusion within national scenic rivers system
Status: in_force

Nothing in this chapter shall preclude a component of the state scenic rivers system from becoming a part of any national scenic rivers system. The commissioner of environment and conservation is directed to encourage and assist any federal studies for inclusion of Tennessee rivers in a national scenic rivers system. The commissioner may enter into written cooperative agreements for joint federal-state administration of a Tennessee component of any national scenic rivers system; provided, that such agreements for the administration of water and land uses are not less restrictive than those set forth in this chapter. Acts 1968, ch. 540, § 15; T.C.A., § 11-1414.
Nothing in this chapter shall preclude a component of the state scenic rivers system from becoming a part of any national scenic rivers system. The commissioner of environment and conservation is directed to encourage and assist any federal studies for inclusion of Tennessee rivers in a national scenic rivers system. The commissioner may enter into written cooperative agreements for joint federal-state administration of a Tennessee component of any national scenic rivers system; provided, that such agreements for the administration of water and land uses are not less restrictive than those set forth in this chapter.
Acts 1968, ch. 540, § 15; T.C.A., § 11-1414.
Tenn. Code Ann. § 11-11-101 — TN Code / Title 11 / Chapter 11 / Section 11-11-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Trails System Act." Acts 1971, ch. 103, § 1; T.C.A., § 11-1601.
This chapter shall be known and may be cited as the "Tennessee Trails System Act."
Acts 1971, ch. 103, § 1; T.C.A., § 11-1601.
Tenn. Code Ann. § 11-3-123 — TN Code / Title 11 / Chapter 3 / Section 11-3-123
Manner of maintenance - Easy access
Status: in_force

The department of environment and conservation is encouraged to maintain the state park system in a manner that is conducive to use by all persons and that provides such persons with easy access to all public areas within the parks. Acts 2008, ch. 1081, § 1.
The department of environment and conservation is encouraged to maintain the state park system in a manner that is conducive to use by all persons and that provides such persons with easy access to all public areas within the parks.
Acts 2008, ch. 1081, § 1.
Tenn. Code Ann. § 11-21-105 — TN Code / Title 11 / Chapter 21 / Section 11-21-105
Rules and regulations
Status: in_force

(a) The county conservation board may make, alter, amend or repeal rules and regulations for the protection, regulation and control of all parks, preserves, parkways, playgrounds, recreation centers, and other property under its control. No rules and regulations adopted shall be contrary to, or inconsistent with, the laws of the state of Tennessee. The board may designate the executive officer and such employees as the executive officer may designate as police officers who shall have all the powers conferred by law on police officers, peace officers, or sheriffs in the enforcement of the laws of the state of Tennessee and the apprehension of violators thereof. (b) In counties having a population of less than six hundred thousand (600,000) according to the 1970 federal census or any subsequent federal census, such rules and regulations shall not take effect until ten (10) days after their adoption by the board and after their publication once a week for two (2) weeks in at least one (1) paper circulating in the county, and after a copy thereof has been posted near each gate or principal entrance to the public ground to which they apply. In counties having a population of six hundred thousand (600,000) or more according to the 1970 federal census or any subsequent federal census, such rules and regulations shall not take effect until thirty (30) days after their adoption by the board and after the same have been approved by the commissioner of environment and conservation. (c) In counties having a population of six hundred thousand (600,000) or more according to the 1970 federal census or any subsequent federal census, all rules and regulations adopted by any board, after due notice in accordance with this section and a copy thereof having been recorded with the commissioner, shall be subject to enforcement by a fine of not more than fifty dollars ($50.00) for each violation against any person found guilty of violating such rules and regulations. Any violation of the rules and regulations for the care and management of such property of county conservation boards as may be made under the authority of this section is a Class B misdemeanor. (d) No county conservation board shall require that any parks, preserves, parkways, playgrounds, recreation centers and other property under its control be named in dedication only to individuals who are deceased at the time of such naming. Acts 1961, ch. 213, § 5; 1974, ch. 509, §§ 1, 2; T.C.A., § 11-1105; Acts 1989, ch. 591, §112; 2009 , ch. 500, § 2.
(a) The county conservation board may make, alter, amend or repeal rules and regulations for the protection, regulation and control of all parks, preserves, parkways, playgrounds, recreation centers, and other property under its control. No rules and regulations adopted shall be contrary to, or inconsistent with, the laws of the state of Tennessee. The board may designate the executive officer and such employees as the executive officer may designate as police officers who shall have all the powers conferred by law on police officers, peace officers, or sheriffs in the enforcement of the laws of the state of Tennessee and the apprehension of violators thereof.
(b) In counties having a population of less than six hundred thousand (600,000) according to the 1970 federal census or any subsequent federal census, such rules and regulations shall not take effect until ten (10) days after their adoption by the board and after their publication once a week for two (2) weeks in at least one (1) paper circulating in the county, and after a copy thereof has been posted near each gate or principal entrance to the public ground to which they apply. In counties having a population of six hundred thousand (600,000) or more according to the 1970 federal census or any subsequent federal census, such rules and regulations shall not take effect until thirty (30) days after their adoption by the board and after the same have been approved by the commissioner of environment and conservation.
(c) In counties having a population of six hundred thousand (600,000) or more according to the 1970 federal census or any subsequent federal census, all rules and regulations adopted by any board, after due notice in accordance with this section and a copy thereof having been recorded with the commissioner, shall be subject to enforcement by a fine of not more than fifty dollars ($50.00) for each violation against any person found guilty of violating such rules and regulations. Any violation of the rules and regulations for the care and management of such property of county conservation boards as may be made under the authority of this section is a Class B misdemeanor.
(d) No county conservation board shall require that any parks, preserves, parkways, playgrounds, recreation centers and other property under its control be named in dedication only to individuals who are deceased at the time of such naming.
Acts 1961, ch. 213, § 5; 1974, ch. 509, §§ 1, 2; T.C.A., § 11-1105; Acts 1989, ch. 591, §112; 2009 , ch. 500, § 2.
Tenn. Code Ann. § 11-24-113 — TN Code / Title 11 / Chapter 24 / Section 11-24-113
Individual honored by park, recreation or other property dedication need not be deceased
Status: in_force

No municipality, recreation board or commission or other authority in which this part vests the power to provide, establish, maintain and conduct a supervised recreation system shall require that any parks, recreation facilities and other property under its control be named in dedication only to individuals who are deceased at the time of such naming. Acts 2009, ch. 500, § 3.
No municipality, recreation board or commission or other authority in which this part vests the power to provide, establish, maintain and conduct a supervised recreation system shall require that any parks, recreation facilities and other property under its control be named in dedication only to individuals who are deceased at the time of such naming.
Acts 2009, ch. 500, § 3.
Tenn. Code Ann. § 11-14-406 — TN Code / Title 11 / Chapter 14 / Section 11-14-406
Compensation fund
Status: in_force

(a) There is hereby created a special agency account in the state general fund to be known as the compensation fund. Expenditures from such fund shall only be made to implement and effectuate the purposes of this part. Funds deposited in such fund shall not revert at the end of any fiscal year and all interest accruing on investments and deposits of the fund shall be returned to and made a part of the fund. The first three hundred thousand dollars ($300,000) deposited in the 1986 wetland acquisition fund shall be transferred and credited to the "compensation fund." (b) On or before January 1 of each year, the commissioner of general services shall certify to the comptroller of the treasury such information as is necessary to identify the parcels of property that have been rendered tax exempt pursuant to this part during the prior fiscal year. The comptroller of the treasury shall determine the appropriate tax rate and assessed value of every parcel of property acquired by the wildlife resources agency regardless of whether the land was acquired with wetlands funds, and, on or before March 1 of each year, shall certify to the commissioner of finance and administration the amount of property tax revenue lost by each affected city or county the prior fiscal year. The assessed value shall be based on the use value provided for in title 67, chapter 5, part 10, if the property is of sufficient size to have been classified under that part. Acquisition pursuant to this part of property classified under title 67, chapter 5, part 10, shall not constitute a change in the use of the property, and no rollback taxes shall become due solely as a result of such acquisition. If the property is not of sufficient size to have been classified under title 67, chapter 5, part 10, the assessed value shall be determined according to the same basis as other like property within the jurisdiction. Each subsequent yearly reimbursement amount shall be based on the same assessed value, tax rate and use in effect on the date of purchase. The commissioner of finance and administration shall reimburse each affected city and county the amount so determined from funds available in the compensation fund. In any year in which funds available in the compensation fund are insufficient to fully reimburse such cities and counties, the commissioner of finance and administration shall effect a transfer of funds from the 1986 Wetland Acquisition Fund to the compensation fund in an amount sufficient to fully reimburse the affected cities and counties. Funds transferred from the 1986 Wetland Acquisition Fund to the compensation fund along with interest, if any, accruing on such funds after their transfer to the compensation fund, shall be expended to reimburse affected cities and counties only for lands purchased under the U.A. Moore Wetlands Acquisition Act. If there is an amount owing on June 19, 1997, to a city or a county for a reimbursement, due to insufficient funds having been available in the compensation fund, such amount owing shall be paid to the affected city or county under the terms of this part. Amended by 2020 Tenn. Acts, ch. 795,s 2, eff. 7/15/2020. Amended by 2018 Tenn. Acts, ch. 1013,s 1, eff. 5/21/2018. Acts 1986, ch. 833, § 8; 1987, ch. 121, § 1; 1989, ch. 461, § 1; 1997, ch. 542, § 3.
(a) There is hereby created a special agency account in the state general fund to be known as the compensation fund. Expenditures from such fund shall only be made to implement and effectuate the purposes of this part. Funds deposited in such fund shall not revert at the end of any fiscal year and all interest accruing on investments and deposits of the fund shall be returned to and made a part of the fund. The first three hundred thousand dollars ($300,000) deposited in the 1986 wetland acquisition fund shall be transferred and credited to the "compensation fund."
(b) On or before January 1 of each year, the commissioner of general services shall certify to the comptroller of the treasury such information as is necessary to identify the parcels of property that have been rendered tax exempt pursuant to this part during the prior fiscal year. The comptroller of the treasury shall determine the appropriate tax rate and assessed value of every parcel of property acquired by the wildlife resources agency regardless of whether the land was acquired with wetlands funds, and, on or before March 1 of each year, shall certify to the commissioner of finance and administration the amount of property tax revenue lost by each affected city or county the prior fiscal year. The assessed value shall be based on the use value provided for in title 67, chapter 5, part 10, if the property is of sufficient size to have been classified under that part. Acquisition pursuant to this part of property classified under title 67, chapter 5, part 10, shall not constitute a change in the use of the property, and no rollback taxes shall become due solely as a result of such acquisition. If the property is not of sufficient size to have been classified under title 67, chapter 5, part 10, the assessed value shall be determined according to the same basis as other like property within the jurisdiction. Each subsequent yearly reimbursement amount shall be based on the same assessed value, tax rate and use in effect on the date of purchase. The commissioner of finance and administration shall reimburse each affected city and county the amount so determined from funds available in the compensation fund. In any year in which funds available in the compensation fund are insufficient to fully reimburse such cities and counties, the commissioner of finance and administration shall effect a transfer of funds from the 1986 Wetland Acquisition Fund to the compensation fund in an amount sufficient to fully reimburse the affected cities and counties. Funds transferred from the 1986 Wetland Acquisition Fund to the compensation fund along with interest, if any, accruing on such funds after their transfer to the compensation fund, shall be expended to reimburse affected cities and counties only for lands purchased under the U.A. Moore Wetlands Acquisition Act. If there is an amount owing on June 19, 1997, to a city or a county for a reimbursement, due to insufficient funds having been available in the compensation fund, such amount owing shall be paid to the affected city or county under the terms of this part.
Amended by 2020 Tenn. Acts, ch. 795,s 2, eff. 7/15/2020.
Amended by 2018 Tenn. Acts, ch. 1013,s 1, eff. 5/21/2018.
Acts 1986, ch. 833, § 8; 1987, ch. 121, § 1; 1989, ch. 461, § 1; 1997, ch. 542, § 3.
Tenn. Code Ann. § 11-4-602 — TN Code / Title 11 / Chapter 4 / Section 11-4-602
Cooperation with federal government
Status: in_force

The division is authorized to cooperate with the federal government in the implementation of respective reforestation and forest improvement programs, including the reclamation and stabilization of critically eroding areas and those cost share programs intended to protect and improve the productivity of forest land. Acts 1986, ch. 652, § 31.
The division is authorized to cooperate with the federal government in the implementation of respective reforestation and forest improvement programs, including the reclamation and stabilization of critically eroding areas and those cost share programs intended to protect and improve the productivity of forest land.
Acts 1986, ch. 652, § 31.
Tenn. Code Ann. § 11-3-105 — TN Code / Title 11 / Chapter 3 / Section 11-3-105
Eminent domain
Status: in_force

In the acquisition of sites or boundaries of land for parks to be used for any one (1) or more of the purposes recited in this part, the state is authorized to exercise the power of eminent domain when the governor so orders. Acts 1941, ch. 104, § 1; C. Supp. 1950, § 630.5; T.C.A. (orig. ed.), § 11-305.
In the acquisition of sites or boundaries of land for parks to be used for any one (1) or more of the purposes recited in this part, the state is authorized to exercise the power of eminent domain when the governor so orders.
Acts 1941, ch. 104, § 1; C. Supp. 1950, § 630.5; T.C.A. (orig. ed.), § 11-305.
Tenn. Code Ann. § 11-14-403 — TN Code / Title 11 / Chapter 14 / Section 11-14-403
Agreement with private corporations to identify and acquire wetlands and forests
Status: in_force

The director of the wildlife resources agency, with the approval of the state building commission, may identify appropriate private, nonprofit corporations to assist with acquisition of wetlands and bottomland hardwood forests on behalf of the state. The director is authorized, with the approval of the state building commission, to enter into agreements with such corporations to permit the corporations to purchase surveys, appraisals, title work, and other services required for the acquisition of interest in wetlands and bottomland hardwood forests; provided, that contractors selected by the corporations for the purposes must be properly licensed in Tennessee for these purposes. The director is further authorized, with the approval of the state building commission, to accept such surveys, appraisals, title work, and services on behalf of the state, and to enter into agreements with such corporations to acquire options and to preacquire on behalf of the state interests in wetlands and bottomland hardwood forests. The director may, through such agreements, commit the state to reimburse the corporations for their costs of acquisition and for their costs of capital. The state building commission shall establish a form for such agreements. Acts 1986, ch. 833, § 3.
The director of the wildlife resources agency, with the approval of the state building commission, may identify appropriate private, nonprofit corporations to assist with acquisition of wetlands and bottomland hardwood forests on behalf of the state. The director is authorized, with the approval of the state building commission, to enter into agreements with such corporations to permit the corporations to purchase surveys, appraisals, title work, and other services required for the acquisition of interest in wetlands and bottomland hardwood forests; provided, that contractors selected by the corporations for the purposes must be properly licensed in Tennessee for these purposes. The director is further authorized, with the approval of the state building commission, to accept such surveys, appraisals, title work, and services on behalf of the state, and to enter into agreements with such corporations to acquire options and to preacquire on behalf of the state interests in wetlands and bottomland hardwood forests. The director may, through such agreements, commit the state to reimburse the corporations for their costs of acquisition and for their costs of capital. The state building commission shall establish a form for such agreements.
Acts 1986, ch. 833, § 3.
Tenn. Code Ann. § 11-24-111 — TN Code / Title 11 / Chapter 24 / Section 11-24-111
Proceeds from amusement facilities - Restoration of historic structures
Status: in_force

(a) Any municipality, county or metropolitan government which rents, leases, or otherwise makes available to any private entity or person, space within a public park for the operation of a sports or amusement facility operated for profit, shall be entitled to devote a portion of the proceeds it receives from the operation of such facility for the repair and restoration of any historic structure, including fortifications from the Civil War period, which is located in the same park. (b) This section shall not apply to counties having a population of not less than three hundred fifteen thousand (315,000) nor more than three hundred fifty thousand (350,000) according to the federal census of 1980 or any subsequent census. Acts 1983, ch. 30, § 1.
(a) Any municipality, county or metropolitan government which rents, leases, or otherwise makes available to any private entity or person, space within a public park for the operation of a sports or amusement facility operated for profit, shall be entitled to devote a portion of the proceeds it receives from the operation of such facility for the repair and restoration of any historic structure, including fortifications from the Civil War period, which is located in the same park.
(b) This section shall not apply to counties having a population of not less than three hundred fifteen thousand (315,000) nor more than three hundred fifty thousand (350,000) according to the federal census of 1980 or any subsequent census.
Acts 1983, ch. 30, § 1.
Tenn. Code Ann. § 11-14-202 — TN Code / Title 11 / Chapter 14 / Section 11-14-202
Public acquisition of fee
Status: in_force

The state or any county or municipality may also acquire the fee to any property for the purpose of conveying or leasing the property back to its original owner or other person under such covenants or other contractual arrangements as will limit the future use of the property in accordance with the purposes of this section and §§ 11-15-107 , 11-15-108 , 67-5-509 , 67-5-601 , 67-5-602 , and 67-5-1001 - 67-5-1009. Acts 1976, ch. 782, § 12; T.C.A., § 11-1716.
The state or any county or municipality may also acquire the fee to any property for the purpose of conveying or leasing the property back to its original owner or other person under such covenants or other contractual arrangements as will limit the future use of the property in accordance with the purposes of this section and §§ 11-15-107 , 11-15-108 , 67-5-509 , 67-5-601 , 67-5-602 , and 67-5-1001 - 67-5-1009.
Acts 1976, ch. 782, § 12; T.C.A., § 11-1716.
Tenn. Code Ann. § 11-3-104 — TN Code / Title 11 / Chapter 3 / Section 11-3-104
Cooperation for park purposes
Status: in_force

The state, counties, municipalities, and all political subdivisions of Tennessee are empowered to cooperate with each other, and with other states, and with the United States government, or any agency thereof, in planning, establishing, improving, or maintaining any park or other recreational area or monument. Acts 1937, ch. 266, § 4; C. Supp. 1950, § 630.4; T.C.A. (orig. ed.), § 11-304.
The state, counties, municipalities, and all political subdivisions of Tennessee are empowered to cooperate with each other, and with other states, and with the United States government, or any agency thereof, in planning, establishing, improving, or maintaining any park or other recreational area or monument.
Acts 1937, ch. 266, § 4; C. Supp. 1950, § 630.4; T.C.A. (orig. ed.), § 11-304.
Tenn. Code Ann. § 11-5-108 — TN Code / Title 11 / Chapter 5 / Section 11-5-108
Vandalism of caves or caverns
Status: in_force

(a) It is an offense for any person, without the prior permission of the owner, to knowingly: (1) Break, break off, crack, carve upon, write or otherwise mark upon, or in any manner destroy, mutilate, injure, deface, mar or harm any natural material found within any cave or cavern, such as stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns or other similar crystalline material formations; (2) Kill, harm or disturb any plant, animal or artifact found therein; (3) Disturb or alter the natural condition of such cave or cavern; or (4) Break, force, tamper with, remove, or otherwise disturb a lock, gate, door or other structure or obstruction designed to prevent entrance to a cave or cavern, whether or not entrance is actually gained. (b) Nothing in this section shall be construed to prohibit the owner of property from performing on such owner's property any of the acts set forth in subsection (a). (c) An act constituting a violation of this section is to be valued according to § 39-11-106(a)(36) and punished as theft under § 39-14-103 . Acts 1991, ch. 62, § 1.
(a) It is an offense for any person, without the prior permission of the owner, to knowingly: (1) Break, break off, crack, carve upon, write or otherwise mark upon, or in any manner destroy, mutilate, injure, deface, mar or harm any natural material found within any cave or cavern, such as stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns or other similar crystalline material formations; (2) Kill, harm or disturb any plant, animal or artifact found therein; (3) Disturb or alter the natural condition of such cave or cavern; or (4) Break, force, tamper with, remove, or otherwise disturb a lock, gate, door or other structure or obstruction designed to prevent entrance to a cave or cavern, whether or not entrance is actually gained.
(1) Break, break off, crack, carve upon, write or otherwise mark upon, or in any manner destroy, mutilate, injure, deface, mar or harm any natural material found within any cave or cavern, such as stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns or other similar crystalline material formations;
(2) Kill, harm or disturb any plant, animal or artifact found therein;
(3) Disturb or alter the natural condition of such cave or cavern; or
(4) Break, force, tamper with, remove, or otherwise disturb a lock, gate, door or other structure or obstruction designed to prevent entrance to a cave or cavern, whether or not entrance is actually gained.
(b) Nothing in this section shall be construed to prohibit the owner of property from performing on such owner's property any of the acts set forth in subsection (a).
(c) An act constituting a violation of this section is to be valued according to § 39-11-106(a)(36) and punished as theft under § 39-14-103 .
Acts 1991, ch. 62, § 1.
Tenn. Code Ann. § 11-25-103 — TN Code / Title 11 / Chapter 25 / Section 11-25-103
Creation and establishment of the authority
Status: in_force

There is hereby created and established the "Doe Mountain Recreation Authority," being a public body corporate and politic. Acts 2012, ch. 1106, § 1.
There is hereby created and established the "Doe Mountain Recreation Authority," being a public body corporate and politic.
Acts 2012, ch. 1106, § 1.
Tenn. Code Ann. § 11-15-104 — TN Code / Title 11 / Chapter 15 / Section 11-15-104
Powers
Status: in_force

A public body has all powers necessary or convenient to carry out the purposes and provisions of this chapter, including the following powers in addition to others granted by this chapter, to: (1) Appropriate or borrow funds and make expenditures necessary to carry out the purposes of this chapter; and (2) Apply for and accept and utilize grants and any other assistance from the federal government and any other public or private source, give such security as may be required and enter into and carry out contracts or agreements in connection with such grants or assistance. Acts 1973, ch. 21, § 4; T.C.A., § 11-1804.
A public body has all powers necessary or convenient to carry out the purposes and provisions of this chapter, including the following powers in addition to others granted by this chapter, to:
(1) Appropriate or borrow funds and make expenditures necessary to carry out the purposes of this chapter; and
(2) Apply for and accept and utilize grants and any other assistance from the federal government and any other public or private source, give such security as may be required and enter into and carry out contracts or agreements in connection with such grants or assistance.
Acts 1973, ch. 21, § 4; T.C.A., § 11-1804.
Tenn. Code Ann. § 11-3-202 — TN Code / Title 11 / Chapter 3 / Section 11-3-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Citizen support organization" means an organization which: (A) Is organized as a nonprofit corporation, or is otherwise qualified to do business in Tennessee as a nonprofit corporation, pursuant to title 48, chapter 51; (B) Is exempt from payment of federal income taxes pursuant to § 501(c) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 501(c) ), as it may be amended; (C) Is incorporated for purposes which are consistent with the goals, objectives, programs, responsibilities and functions of the state park system as provided in title 11, as determined by the commissioner; and (D) Provides equal opportunities and membership to all persons regardless of race, color, national origin, sex, religion, age, disability or other constitutionally protected classification; (2) "Commissioner" means the commissioner of environment and conservation or the duly authorized representative or, in the event of the commissioner's or representative's absence or vacancy in the office of commissioner, the deputy commissioner; (3) "Department" means the department of environment and conservation; and (4) "Park" means an area as defined at § 11-3-101 , and includes, but is not limited to, state natural areas, archaeological areas, historic areas, parks, scenic rivers, scenic trails and state forests. Acts 1993, ch. 40, § 2; 2011 , ch. 47, § 6.
As used in this part, unless the context otherwise requires:
(1) "Citizen support organization" means an organization which: (A) Is organized as a nonprofit corporation, or is otherwise qualified to do business in Tennessee as a nonprofit corporation, pursuant to title 48, chapter 51; (B) Is exempt from payment of federal income taxes pursuant to § 501(c) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 501(c) ), as it may be amended; (C) Is incorporated for purposes which are consistent with the goals, objectives, programs, responsibilities and functions of the state park system as provided in title 11, as determined by the commissioner; and (D) Provides equal opportunities and membership to all persons regardless of race, color, national origin, sex, religion, age, disability or other constitutionally protected classification;
(A) Is organized as a nonprofit corporation, or is otherwise qualified to do business in Tennessee as a nonprofit corporation, pursuant to title 48, chapter 51;
(B) Is exempt from payment of federal income taxes pursuant to § 501(c) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 501(c) ), as it may be amended;
(C) Is incorporated for purposes which are consistent with the goals, objectives, programs, responsibilities and functions of the state park system as provided in title 11, as determined by the commissioner; and
(D) Provides equal opportunities and membership to all persons regardless of race, color, national origin, sex, religion, age, disability or other constitutionally protected classification;
(2) "Commissioner" means the commissioner of environment and conservation or the duly authorized representative or, in the event of the commissioner's or representative's absence or vacancy in the office of commissioner, the deputy commissioner;
(3) "Department" means the department of environment and conservation; and
(4) "Park" means an area as defined at § 11-3-101 , and includes, but is not limited to, state natural areas, archaeological areas, historic areas, parks, scenic rivers, scenic trails and state forests.
Acts 1993, ch. 40, § 2; 2011 , ch. 47, § 6.
Tenn. Code Ann. § 11-14-308 — TN Code / Title 11 / Chapter 14 / Section 11-14-308
Reviewing and evaluating projects for possible funding - Development of procedures
Status: in_force

(a) The commissioner of environment and conservation, in consultation with the commissioner of finance and administration, shall develop procedures for the purpose of reviewing and evaluating projects for possible funding, pursuant to § 11-14-307(b)(1) of the natural resources trust fund. (b) Prior to implementing the procedures, the commissioner of environment and conservation shall forward the procedures to the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate for review and comment. (c) Any projects recommended for funding shall be considered through the department of environment and conservation's annual budget request. (d) Such projects for consideration shall include grants to the municipal recreation systems organized pursuant to chapter 24 of this title, programs from county conservation boards organized pursuant to chapter 21 of this title, and joint parks and recreation systems organized pursuant to such chapters or organized pursuant to title 12, chapter 9. Amended by 2013 Tenn. Acts, ch. 236,s 6, eff. 4/19/2013. Acts 1990, ch. 686, § 1; 1998, ch. 605, § 3; 2012, ch. 604, § 15.
(a) The commissioner of environment and conservation, in consultation with the commissioner of finance and administration, shall develop procedures for the purpose of reviewing and evaluating projects for possible funding, pursuant to § 11-14-307(b)(1) of the natural resources trust fund.
(b) Prior to implementing the procedures, the commissioner of environment and conservation shall forward the procedures to the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate for review and comment.
(c) Any projects recommended for funding shall be considered through the department of environment and conservation's annual budget request.
(d) Such projects for consideration shall include grants to the municipal recreation systems organized pursuant to chapter 24 of this title, programs from county conservation boards organized pursuant to chapter 21 of this title, and joint parks and recreation systems organized pursuant to such chapters or organized pursuant to title 12, chapter 9.
Amended by 2013 Tenn. Acts, ch. 236,s 6, eff. 4/19/2013.
Acts 1990, ch. 686, § 1; 1998, ch. 605, § 3; 2012, ch. 604, § 15.
Tenn. Code Ann. § 11-4-805 — TN Code / Title 11 / Chapter 4 / Section 11-4-805
Procuring sale and title to tax delinquent lands
Status: in_force

The state forester or the state forester's authorized representatives are empowered and authorized to examine delinquent tax lists in the hands of the trustees of the various counties of the state, as well as the commissioner of revenue, and shall cooperate with the county trustees, the commissioner of revenue, or any back tax attorney, in obtaining the sale of land which in the opinion of the state forester is suitable for state conservation, and in acquiring title to such lands in the name of the state and in the dedication of the same to state forests or other conservation purposes. Acts 1937, ch. 280, § 8; C. Supp. 1950, § 630.12 (Williams, § 630.13); impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 11-407; Acts 1986, ch. 652, §§ 43, 47; T.C.A., § 11-4-107.
The state forester or the state forester's authorized representatives are empowered and authorized to examine delinquent tax lists in the hands of the trustees of the various counties of the state, as well as the commissioner of revenue, and shall cooperate with the county trustees, the commissioner of revenue, or any back tax attorney, in obtaining the sale of land which in the opinion of the state forester is suitable for state conservation, and in acquiring title to such lands in the name of the state and in the dedication of the same to state forests or other conservation purposes.
Acts 1937, ch. 280, § 8; C. Supp. 1950, § 630.12 (Williams, § 630.13); impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 11-407; Acts 1986, ch. 652, §§ 43, 47; T.C.A., § 11-4-107.
Tenn. Code Ann. § 11-9-105 — TN Code / Title 11 / Chapter 9 / Section 11-9-105
Local and private funds
Status: in_force

The commissioner of environment and conservation may receive local and private funds for the purpose of carrying out this part. Acts 1965, ch. 181, § 5; T.C.A., § 11-1205.
The commissioner of environment and conservation may receive local and private funds for the purpose of carrying out this part.
Acts 1965, ch. 181, § 5; T.C.A., § 11-1205.
Tenn. Code Ann. § 11-1-110 — TN Code / Title 11 / Chapter 1 / Section 11-1-110
Division of educational service - Director
Status: in_force

(a) There is hereby created in the department of environment and conservation a division to be known as the "division of educational service." (b) The head of the division shall be a director appointed by the commissioner of environment and conservation. (c) It is the duty of the division to promote education in regard to all conservation matters and to assist the various departments, divisions, and agencies with educational programs concerning conservation as may be deemed appropriate. (d) The director shall perform such other duties and functions as may be directed by the commissioner. Acts 1957, ch. 314, § 1; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A., § 11-110.
(a) There is hereby created in the department of environment and conservation a division to be known as the "division of educational service."
(b) The head of the division shall be a director appointed by the commissioner of environment and conservation.
(c) It is the duty of the division to promote education in regard to all conservation matters and to assist the various departments, divisions, and agencies with educational programs concerning conservation as may be deemed appropriate.
(d) The director shall perform such other duties and functions as may be directed by the commissioner.
Acts 1957, ch. 314, § 1; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A., § 11-110.
Tenn. Code Ann. § 11-15-101 — TN Code / Title 11 / Chapter 15 / Section 11-15-101
Purpose
Status: in_force

The purpose of this chapter is to authorize and enable public bodies to acquire interests and rights in real property that is adjacent to or has a visual, audible, or atmospheric effect on the state's historic, architectural, archaeological, or cultural resources, or on its natural areas in order to assist in the attainment of the objectives stated in the findings. Acts 1973, ch. 21, § 1; T.C.A., § 11-1801.
The purpose of this chapter is to authorize and enable public bodies to acquire interests and rights in real property that is adjacent to or has a visual, audible, or atmospheric effect on the state's historic, architectural, archaeological, or cultural resources, or on its natural areas in order to assist in the attainment of the objectives stated in the findings.
Acts 1973, ch. 21, § 1; T.C.A., § 11-1801.
Tenn. Code Ann. § 11-3-110 — TN Code / Title 11 / Chapter 3 / Section 11-3-110
Use of proceeds of sale
Status: in_force

All funds received from any of such sales of land shall be invested in capital improvements in that particular state park from which the sale was made. Acts 1949, ch. 163, § 3; C. Supp. 1950, § 630.5D; T.C.A. (orig. ed.), § 11-310.
All funds received from any of such sales of land shall be invested in capital improvements in that particular state park from which the sale was made.
Acts 1949, ch. 163, § 3; C. Supp. 1950, § 630.5D; T.C.A. (orig. ed.), § 11-310.