Tenn. Code Ann. § 11-21-106 — TN Code / Title 11 / Chapter 21 / Section 11-21-106
Appropriations - Tax levy - Recreation and conservation tax - County conservation fund - Bonds in anticipation of tax
Status: in_force

(a) Upon the adoption of any county of this chapter, the legislative body of such county may appropriate an amount of money from the general fund of the county in carrying out its powers and duties, and it may levy or cause to be levied an annual tax, in addition to all other taxes, which tax shall be collected by the county trustee as other taxes are collected, and shall be paid into a separate and distinct fund to be known as the "county conservation fund," to be paid out upon the warrants drawn by the county mayor or other county fiscal officer upon requisition of the county conservation board for the payment of expenses incurred in carrying out the powers and duties of the board. (b) The board has no power or authority to contract any debt or obligation in any year in excess of the moneys on hand immediately available for such purposes. Gifts, contributions and bequests of money and all rent, licenses, fees and charges and other revenue or money received or collected by the board shall be deposited in the county conservation fund to be used for the purchase of land, property and equipment and the payment of expenses incurred in carrying out the activities of the board, except that moneys given, bequeathed or contributed upon specified trusts shall be held and applied in accordance with the trust specified. (c) In order to make immediately available to the board the proceeds of the annual tax hereinbefore authorized to be levied for recreation and conservation purposes, bonds of any county may be issued in anticipation of the collection of such tax in the manner hereinafter provided. Upon the filing of a petition by the board with the county legislative body asking that bonds be issued in a specified amount for the purpose of paying the cost of acquiring land and developing the same for public park, parkway, preserve, playground, or other recreation or conservation purposes within the county, then the county legislative body may call a special election to be held in the county to vote on the proposition of issuing such bonds. Notice of such election shall be published once each week for at least four (4) consecutive weeks in one (1) of the official county newspapers, and the election shall be held on a day not less than five (5) nor more than twenty (20) days after the last publication of such notice. The proposition shall be submitted in substantially the following form: "Shall ____________________ County, Tennessee, issue its bonds in the amount of ______________ for the purpose of ____________________ ?" The expenses incurred in connection with the conduct of such election shall be paid by the board from the county conservation fund. If the vote in favor of issuing the bonds is equal to at least sixty percent (60%) of the total votes cast for and against the proposition, the county legislative body shall issue the bonds in the amount voted, and shall provide for the levy of an annual tax, within the limits of the special tax hereinbefore authorized, sufficient to pay the bonds and the interest thereon as the same respectively become due. The bonds shall mature in not more than twenty (20) years, shall bear interest at such rate or rates and shall be in such form as the county legislative body shall by resolution provide, and shall be payable as to both principal and interest from the proceeds of the annual tax levy hereinbefore authorized to be levied for recreation and conservation purposes, or so much thereof as will be sufficient to pay the principal thereof and interest thereon, and prior to the authorization and issuance of such bonds, the county legislative body may, with or without notice, negotiate and enter into an agreement or agreements with any bank, investment banker, trust company or insurance company or group thereof whereunder the marketing of such bonds may be assured and consummated. The proceeds of such bonds shall be deposited in a special fund, to be kept separate and apart from all other funds of the county, and shall be paid out upon warrants drawn by the county mayor or other fiscal officer of the county, upon requisition of the board to pay the cost of acquiring land and developing the same for recreation and conservation purposes as specified in the election proposition. (d) Nothing herein contained shall be construed to limit the authority of the county legislative body to levy the recreation and conservation tax, but if and to whatever extent the tax is levied in any year in excess of the amount of the principal and interest falling due in such year on the bonds, the first available proceeds thereof, to an amount sufficient to meet maturing installments of principal of and interest on such bonds, shall be paid into the sinking fund for such bonds before any of such taxes are deposited in the county conservation fund or are otherwise made available to the board, and the amount required to be annually set aside to pay the principal of and interest on the bonds shall constitute a first charge upon all of the proceeds of such annual special tax, which tax shall be pledged to pay the bonds and the interest thereon. (e) This chapter shall be construed as supplemental and in addition to existing statutory authority and as providing an independent method of financing the cost of acquiring land and developing the same for public park, parkway, preserve, playground, or other recreation or conservation purposes, and for the issuance and sale of bonds in connection therewith, and shall not be construed as subject to any other law. The fact that a county may have bonds previously issued and outstanding under authority of this chapter shall not prevent such county from issuing additional bonds hereunder. Acts 1961, ch. 213, § 6; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 11-1106; Acts 1980, ch. 601, §8; 2003 , ch. 90, § 2.
(a) Upon the adoption of any county of this chapter, the legislative body of such county may appropriate an amount of money from the general fund of the county in carrying out its powers and duties, and it may levy or cause to be levied an annual tax, in addition to all other taxes, which tax shall be collected by the county trustee as other taxes are collected, and shall be paid into a separate and distinct fund to be known as the "county conservation fund," to be paid out upon the warrants drawn by the county mayor or other county fiscal officer upon requisition of the county conservation board for the payment of expenses incurred in carrying out the powers and duties of the board.
(b) The board has no power or authority to contract any debt or obligation in any year in excess of the moneys on hand immediately available for such purposes. Gifts, contributions and bequests of money and all rent, licenses, fees and charges and other revenue or money received or collected by the board shall be deposited in the county conservation fund to be used for the purchase of land, property and equipment and the payment of expenses incurred in carrying out the activities of the board, except that moneys given, bequeathed or contributed upon specified trusts shall be held and applied in accordance with the trust specified.
(c) In order to make immediately available to the board the proceeds of the annual tax hereinbefore authorized to be levied for recreation and conservation purposes, bonds of any county may be issued in anticipation of the collection of such tax in the manner hereinafter provided. Upon the filing of a petition by the board with the county legislative body asking that bonds be issued in a specified amount for the purpose of paying the cost of acquiring land and developing the same for public park, parkway, preserve, playground, or other recreation or conservation purposes within the county, then the county legislative body may call a special election to be held in the county to vote on the proposition of issuing such bonds. Notice of such election shall be published once each week for at least four (4) consecutive weeks in one (1) of the official county newspapers, and the election shall be held on a day not less than five (5) nor more than twenty (20) days after the last publication of such notice. The proposition shall be submitted in substantially the following form: "Shall ____________________ County, Tennessee, issue its bonds in the amount of ______________ for the purpose of ____________________ ?" The expenses incurred in connection with the conduct of such election shall be paid by the board from the county conservation fund. If the vote in favor of issuing the bonds is equal to at least sixty percent (60%) of the total votes cast for and against the proposition, the county legislative body shall issue the bonds in the amount voted, and shall provide for the levy of an annual tax, within the limits of the special tax hereinbefore authorized, sufficient to pay the bonds and the interest thereon as the same respectively become due. The bonds shall mature in not more than twenty (20) years, shall bear interest at such rate or rates and shall be in such form as the county legislative body shall by resolution provide, and shall be payable as to both principal and interest from the proceeds of the annual tax levy hereinbefore authorized to be levied for recreation and conservation purposes, or so much thereof as will be sufficient to pay the principal thereof and interest thereon, and prior to the authorization and issuance of such bonds, the county legislative body may, with or without notice, negotiate and enter into an agreement or agreements with any bank, investment banker, trust company or insurance company or group thereof whereunder the marketing of such bonds may be assured and consummated. The proceeds of such bonds shall be deposited in a special fund, to be kept separate and apart from all other funds of the county, and shall be paid out upon warrants drawn by the county mayor or other fiscal officer of the county, upon requisition of the board to pay the cost of acquiring land and developing the same for recreation and conservation purposes as specified in the election proposition.
"Shall ____________________ County, Tennessee, issue its bonds in the amount of ______________ for the purpose of ____________________ ?"
The expenses incurred in connection with the conduct of such election shall be paid by the board from the county conservation fund. If the vote in favor of issuing the bonds is equal to at least sixty percent (60%) of the total votes cast for and against the proposition, the county legislative body shall issue the bonds in the amount voted, and shall provide for the levy of an annual tax, within the limits of the special tax hereinbefore authorized, sufficient to pay the bonds and the interest thereon as the same respectively become due. The bonds shall mature in not more than twenty (20) years, shall bear interest at such rate or rates and shall be in such form as the county legislative body shall by resolution provide, and shall be payable as to both principal and interest from the proceeds of the annual tax levy hereinbefore authorized to be levied for recreation and conservation purposes, or so much thereof as will be sufficient to pay the principal thereof and interest thereon, and prior to the authorization and issuance of such bonds, the county legislative body may, with or without notice, negotiate and enter into an agreement or agreements with any bank, investment banker, trust company or insurance company or group thereof whereunder the marketing of such bonds may be assured and consummated. The proceeds of such bonds shall be deposited in a special fund, to be kept separate and apart from all other funds of the county, and shall be paid out upon warrants drawn by the county mayor or other fiscal officer of the county, upon requisition of the board to pay the cost of acquiring land and developing the same for recreation and conservation purposes as specified in the election proposition.
(d) Nothing herein contained shall be construed to limit the authority of the county legislative body to levy the recreation and conservation tax, but if and to whatever extent the tax is levied in any year in excess of the amount of the principal and interest falling due in such year on the bonds, the first available proceeds thereof, to an amount sufficient to meet maturing installments of principal of and interest on such bonds, shall be paid into the sinking fund for such bonds before any of such taxes are deposited in the county conservation fund or are otherwise made available to the board, and the amount required to be annually set aside to pay the principal of and interest on the bonds shall constitute a first charge upon all of the proceeds of such annual special tax, which tax shall be pledged to pay the bonds and the interest thereon.
(e) This chapter shall be construed as supplemental and in addition to existing statutory authority and as providing an independent method of financing the cost of acquiring land and developing the same for public park, parkway, preserve, playground, or other recreation or conservation purposes, and for the issuance and sale of bonds in connection therewith, and shall not be construed as subject to any other law. The fact that a county may have bonds previously issued and outstanding under authority of this chapter shall not prevent such county from issuing additional bonds hereunder.
Acts 1961, ch. 213, § 6; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 11-1106; Acts 1980, ch. 601, §8; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 11-3-115 — TN Code / Title 11 / Chapter 3 / Section 11-3-115
Individual honored by park dedication need not be deceased
Status: in_force

No individual shall be disqualified from having a park named in dedication to the individual based solely on the fact that the individual is not deceased. Acts 2009, ch. 500, § 1.
No individual shall be disqualified from having a park named in dedication to the individual based solely on the fact that the individual is not deceased.
Acts 2009, ch. 500, § 1.
Tenn. Code Ann. § 11-3-112 — TN Code / Title 11 / Chapter 3 / Section 11-3-112
Purchasing authority
Status: in_force

(a) Notwithstanding any law to the contrary, the commissioner of environment and conservation has the authority to cause to be purchased and to develop the method for purchasing, without the approval of any other agency of state government, services, raw materials, merchandise for resale, supplies and equipment necessary for provision of quality services for state park operations. This section shall not be construed to allow the department to contract for services previously accomplished for the parks by state employees or for services that could reasonably be expected to be accomplished by state employees. (b) It is the responsibility of the commissioner of environment and conservation to develop policies and procedures to ensure, to the extent practicable, that purchases made on behalf of park operations are at the lowest possible price while at the same time ensuring quality and timely delivery. The commissioner shall file such policies and procedures with the procurement commission for the commission's review and approval. (c) The commissioner has the authority to purchase supplies and equipment through the department of general services and is encouraged to exercise the option to purchase through the department under title 12, chapter 3, in circumstances which are advantageous for the timely delivery of low cost, quality products. (d) For purposes of this section, "park operations" means a park facility used in connection with fee-based recreational activities or intended to be revenue-generating, including, but not limited to: a lodge, inn, cabin, campground, group camp, restaurant, golf course, gift shop, marina or other boat rental facility, visitors center, meeting space, skeet range, snack bar, shelter, or vending machine. (e) No expenditure of public funds pursuant to this section shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. § 2000d ). Amended by 2024 Tenn. Acts, ch. 578,s 1, eff. 3/15/2024. Acts 2001, ch. 407, §§ 2 - 4; 2004, ch. 773, § 1; 2011 , ch. 295, § 19.
(a) Notwithstanding any law to the contrary, the commissioner of environment and conservation has the authority to cause to be purchased and to develop the method for purchasing, without the approval of any other agency of state government, services, raw materials, merchandise for resale, supplies and equipment necessary for provision of quality services for state park operations. This section shall not be construed to allow the department to contract for services previously accomplished for the parks by state employees or for services that could reasonably be expected to be accomplished by state employees.
(b) It is the responsibility of the commissioner of environment and conservation to develop policies and procedures to ensure, to the extent practicable, that purchases made on behalf of park operations are at the lowest possible price while at the same time ensuring quality and timely delivery. The commissioner shall file such policies and procedures with the procurement commission for the commission's review and approval.
(c) The commissioner has the authority to purchase supplies and equipment through the department of general services and is encouraged to exercise the option to purchase through the department under title 12, chapter 3, in circumstances which are advantageous for the timely delivery of low cost, quality products.
(d) For purposes of this section, "park operations" means a park facility used in connection with fee-based recreational activities or intended to be revenue-generating, including, but not limited to: a lodge, inn, cabin, campground, group camp, restaurant, golf course, gift shop, marina or other boat rental facility, visitors center, meeting space, skeet range, snack bar, shelter, or vending machine.
(e) No expenditure of public funds pursuant to this section shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. § 2000d ).
Amended by 2024 Tenn. Acts, ch. 578,s 1, eff. 3/15/2024.
Acts 2001, ch. 407, §§ 2 - 4; 2004, ch. 773, § 1; 2011 , ch. 295, § 19.
Tenn. Code Ann. § 11-1-105 — TN Code / Title 11 / Chapter 1 / Section 11-1-105
Acquisition of land by gift, purchase, or condemnation - Lands to be sought - Titles to state - Approval by attorney general and reporter - Recommendations to general assembly
Status: in_force

(a) The department of environment and conservation has the full power to acquire by gift, devise or purchase, or by the exercise of the power of eminent domain, areas, properties, lands, or any estate or interest therein, of scenic beauty, material or recreational utility, historic interest, remarkable phenomena or any other unusual features which in the judgment of the department should be acquired, preserved, and maintained for the use, observation, education, health, and pleasure of the people of Tennessee; provided, that such authority of acquisition shall be within the limits of any appropriations which may be made by the general assembly for the purchase of such properties, and the department shall have no power to purchase or contract for the purchase of any property beyond the amount contained in such appropriation. (b) The department has the power to institute and prosecute on behalf of the state of Tennessee any proceedings in the exercise of the power of eminent domain for the acquisition of such properties for public use in accordance with the laws relating to the exercise of such right and power. (c) All contracts shall be made and all titles shall be taken in the name of the state of Tennessee. The title shall be examined and approved by the attorney general and reporter before any property shall be purchased or acquired by condemnation. (d) The department may make recommendations to the general assembly of any other areas or properties for acquisition for which no appropriation may be made. (e) The department shall make diligent effort to obtain by gift lands or other property for park purposes. (f) All areas or properties so acquired shall be taken and held by the state for park purposes and the control and management thereof shall be vested in the department. Acts 1925, ch. 55, §§ 3, 4; Shan. Supp., §§3047a3, 3047a4; mod. Code 1932, §§ 5196, 5199; impl. am. Acts 1937, ch. 33, § 69; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-105; Acts 1992, ch. 693, § 11.
(a) The department of environment and conservation has the full power to acquire by gift, devise or purchase, or by the exercise of the power of eminent domain, areas, properties, lands, or any estate or interest therein, of scenic beauty, material or recreational utility, historic interest, remarkable phenomena or any other unusual features which in the judgment of the department should be acquired, preserved, and maintained for the use, observation, education, health, and pleasure of the people of Tennessee; provided, that such authority of acquisition shall be within the limits of any appropriations which may be made by the general assembly for the purchase of such properties, and the department shall have no power to purchase or contract for the purchase of any property beyond the amount contained in such appropriation.
(b) The department has the power to institute and prosecute on behalf of the state of Tennessee any proceedings in the exercise of the power of eminent domain for the acquisition of such properties for public use in accordance with the laws relating to the exercise of such right and power.
(c) All contracts shall be made and all titles shall be taken in the name of the state of Tennessee. The title shall be examined and approved by the attorney general and reporter before any property shall be purchased or acquired by condemnation.
(d) The department may make recommendations to the general assembly of any other areas or properties for acquisition for which no appropriation may be made.
(e) The department shall make diligent effort to obtain by gift lands or other property for park purposes.
(f) All areas or properties so acquired shall be taken and held by the state for park purposes and the control and management thereof shall be vested in the department.
Acts 1925, ch. 55, §§ 3, 4; Shan. Supp., §§3047a3, 3047a4; mod. Code 1932, §§ 5196, 5199; impl. am. Acts 1937, ch. 33, § 69; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-105; Acts 1992, ch. 693, § 11.
Tenn. Code Ann. § 11-3-107 — TN Code / Title 11 / Chapter 3 / Section 11-3-107
Parks and recreation division employees - Commissioned law enforcement officers
Status: in_force

(a) The division of parks and recreation is authorized to employ a suitable number of persons as park rangers, ranger naturalists, park managers and in other positions, however designated or named, having qualifications established by the division of parks and recreation, and approved by the department of human resources. They will manage and supervise the operation of the state parks and other recreational areas managed or administered by the division; provided, that persons employed as park rangers as of January 1, 1986, who meet the qualifications set out by this section as it existed on January 1, 1986, shall not be denied promotion to a position as park manager or any equivalent position because of not meeting any more stringent qualifications which may be established pursuant to this subsection (a). (b) (1) Employees of the division of parks and recreation, when properly trained and qualified, may be commissioned by the commissioner of environment and conservation as law enforcement officers. When so commissioned, they shall have all of the police powers necessary to enforce all state laws, rules and regulations, within the state parks, state forests, state natural areas, all other state-owned areas under the jurisdiction of the division, and all recreational areas which are administered or managed by the division under lease, easement or other agreement with any public or private owner of the property. The commissioned employees of the division shall have all police powers necessary to apprehend and arrest any person within the state, for any violation of state law or rule or regulation of the division committed on any state park or other area described above. They shall enforce the laws, rules and regulations and maintain order, for the protection of state property and the public welfare. They shall have the right to carry firearms or other arms while on duty as commissioned law enforcement officers of the division. It is the responsibility of the division to assure that law enforcement duties are pursued with the utmost awareness and care and not to the detriment of the primary responsibilities of rangers and managers, which are to provide for visitor information and education, to manage and maintain park resources and personnel and to conduct recreation programs. (2) The employees commissioned under subdivision (b)(1) may also provide both law enforcement and search and rescue assistance outside of the areas described in subdivision (b)(1) at the request of federal, state, or local officials if such assistance is necessary for the protection of life, health, or safety. For the purposes of rendering such assistance, the commissioned employees shall have all the powers and protections of a law enforcement officer throughout the state. (c) (1) Notwithstanding title 12, chapter 2, part 4, when the division of parks and recreation makes a determination to retire an equine from service, the park ranger, ranger naturalist, park manager or any other similar employee who has used the equine to carry out such person's duties as a law enforcement officer or as an employee of the division of parks and recreation, may take possession of the equine upon paying to the division of parks and recreation the value assigned to the equine pursuant to subdivision (c)(3). (2) Upon taking possession of a retired equine pursuant to subdivision (c)(1), the park ranger, ranger naturalist, park manager or any other similar employee shall be responsible for all costs associated with maintaining such equine. (3) The division of parks and recreation is authorized to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, necessary to carry out this subsection (c) including establishing a value for the equine at the time the decision is made to retire the equine from service. (d) The division of parks and recreation, with the approval of the department of human resources, shall establish standards of training and qualification for the commissioning of employees as law enforcement officers, and for in-service training of its commissioned employees. Training standards shall be consistent with those established by a recognized agency such as the Tennessee peace officer standards and training commission, the Jerry F. Agee Tennessee Law Enforcement Training Academy or the department of interior, national park service. (e) After twenty-five (25) years of honorable service by a commissioned employee, the department of environment and conservation, bureau of state parks and recreation shall authorize the employee, upon retirement, to retain such employee's service weapon in recognition of the employee's many years of good and faithful service. A commissioned employee who retires on disability retirement also may be authorized to retain that employee's service weapon. Amended by 2021 Tenn. Acts, ch. 135,s 2, eff. 4/13/2021. Acts 1947, ch. 228, §§ 1-5; mod. C. Supp. 1950, § 630.5A (Williams, §§ 630.30-630.34); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-307; impl. am. Acts 1979, ch. 93, § 1; Acts 1986, ch. 912, § 4; 2002, ch. 548, § 1; 2010, ch. 843, § 1.
(a) The division of parks and recreation is authorized to employ a suitable number of persons as park rangers, ranger naturalists, park managers and in other positions, however designated or named, having qualifications established by the division of parks and recreation, and approved by the department of human resources. They will manage and supervise the operation of the state parks and other recreational areas managed or administered by the division; provided, that persons employed as park rangers as of January 1, 1986, who meet the qualifications set out by this section as it existed on January 1, 1986, shall not be denied promotion to a position as park manager or any equivalent position because of not meeting any more stringent qualifications which may be established pursuant to this subsection (a).
(b) (1) Employees of the division of parks and recreation, when properly trained and qualified, may be commissioned by the commissioner of environment and conservation as law enforcement officers. When so commissioned, they shall have all of the police powers necessary to enforce all state laws, rules and regulations, within the state parks, state forests, state natural areas, all other state-owned areas under the jurisdiction of the division, and all recreational areas which are administered or managed by the division under lease, easement or other agreement with any public or private owner of the property. The commissioned employees of the division shall have all police powers necessary to apprehend and arrest any person within the state, for any violation of state law or rule or regulation of the division committed on any state park or other area described above. They shall enforce the laws, rules and regulations and maintain order, for the protection of state property and the public welfare. They shall have the right to carry firearms or other arms while on duty as commissioned law enforcement officers of the division. It is the responsibility of the division to assure that law enforcement duties are pursued with the utmost awareness and care and not to the detriment of the primary responsibilities of rangers and managers, which are to provide for visitor information and education, to manage and maintain park resources and personnel and to conduct recreation programs. (2) The employees commissioned under subdivision (b)(1) may also provide both law enforcement and search and rescue assistance outside of the areas described in subdivision (b)(1) at the request of federal, state, or local officials if such assistance is necessary for the protection of life, health, or safety. For the purposes of rendering such assistance, the commissioned employees shall have all the powers and protections of a law enforcement officer throughout the state.
(1) Employees of the division of parks and recreation, when properly trained and qualified, may be commissioned by the commissioner of environment and conservation as law enforcement officers. When so commissioned, they shall have all of the police powers necessary to enforce all state laws, rules and regulations, within the state parks, state forests, state natural areas, all other state-owned areas under the jurisdiction of the division, and all recreational areas which are administered or managed by the division under lease, easement or other agreement with any public or private owner of the property. The commissioned employees of the division shall have all police powers necessary to apprehend and arrest any person within the state, for any violation of state law or rule or regulation of the division committed on any state park or other area described above. They shall enforce the laws, rules and regulations and maintain order, for the protection of state property and the public welfare. They shall have the right to carry firearms or other arms while on duty as commissioned law enforcement officers of the division. It is the responsibility of the division to assure that law enforcement duties are pursued with the utmost awareness and care and not to the detriment of the primary responsibilities of rangers and managers, which are to provide for visitor information and education, to manage and maintain park resources and personnel and to conduct recreation programs.
(2) The employees commissioned under subdivision (b)(1) may also provide both law enforcement and search and rescue assistance outside of the areas described in subdivision (b)(1) at the request of federal, state, or local officials if such assistance is necessary for the protection of life, health, or safety. For the purposes of rendering such assistance, the commissioned employees shall have all the powers and protections of a law enforcement officer throughout the state.
(c) (1) Notwithstanding title 12, chapter 2, part 4, when the division of parks and recreation makes a determination to retire an equine from service, the park ranger, ranger naturalist, park manager or any other similar employee who has used the equine to carry out such person's duties as a law enforcement officer or as an employee of the division of parks and recreation, may take possession of the equine upon paying to the division of parks and recreation the value assigned to the equine pursuant to subdivision (c)(3). (2) Upon taking possession of a retired equine pursuant to subdivision (c)(1), the park ranger, ranger naturalist, park manager or any other similar employee shall be responsible for all costs associated with maintaining such equine. (3) The division of parks and recreation is authorized to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, necessary to carry out this subsection (c) including establishing a value for the equine at the time the decision is made to retire the equine from service.
(1) Notwithstanding title 12, chapter 2, part 4, when the division of parks and recreation makes a determination to retire an equine from service, the park ranger, ranger naturalist, park manager or any other similar employee who has used the equine to carry out such person's duties as a law enforcement officer or as an employee of the division of parks and recreation, may take possession of the equine upon paying to the division of parks and recreation the value assigned to the equine pursuant to subdivision (c)(3).
(2) Upon taking possession of a retired equine pursuant to subdivision (c)(1), the park ranger, ranger naturalist, park manager or any other similar employee shall be responsible for all costs associated with maintaining such equine.
(3) The division of parks and recreation is authorized to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, necessary to carry out this subsection (c) including establishing a value for the equine at the time the decision is made to retire the equine from service.
(d) The division of parks and recreation, with the approval of the department of human resources, shall establish standards of training and qualification for the commissioning of employees as law enforcement officers, and for in-service training of its commissioned employees. Training standards shall be consistent with those established by a recognized agency such as the Tennessee peace officer standards and training commission, the Jerry F. Agee Tennessee Law Enforcement Training Academy or the department of interior, national park service.
(e) After twenty-five (25) years of honorable service by a commissioned employee, the department of environment and conservation, bureau of state parks and recreation shall authorize the employee, upon retirement, to retain such employee's service weapon in recognition of the employee's many years of good and faithful service. A commissioned employee who retires on disability retirement also may be authorized to retain that employee's service weapon.
Amended by 2021 Tenn. Acts, ch. 135,s 2, eff. 4/13/2021.
Acts 1947, ch. 228, §§ 1-5; mod. C. Supp. 1950, § 630.5A (Williams, §§ 630.30-630.34); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-307; impl. am. Acts 1979, ch. 93, § 1; Acts 1986, ch. 912, § 4; 2002, ch. 548, § 1; 2010, ch. 843, § 1.
Tenn. Code Ann. § 11-3-207 — TN Code / Title 11 / Chapter 3 / Section 11-3-207
Audits - Books and records
Status: in_force

(a) All annual reports and all books of accounts and financial records of a citizen support organization shall be subject to audit annually by the comptroller of the treasury. With prior approval of the comptroller of the treasury, the audit may be performed by a licensed independent public accountant selected by the citizen support organization. If an independent public accountant is employed, the audit contract between the citizen support organization and the independent public accountant shall be on contract forms prescribed by the comptroller of the treasury. The cost of any audit shall be paid by the citizen support organization; provided, that in the case of any audit performed by the comptroller of the treasury of any citizen support organization having gross receipts of less than twenty-five thousand dollars ($25,000) for the fiscal period under audit, the cost of such audit shall be paid by the state. (b) The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury. (c) One (1) copy of each audit shall be furnished to each member of the board of the citizen support organization, the department and the comptroller of the treasury. (d) The department and the comptroller of the treasury, or their designated representative, shall have access to the citizen support organization's books, records and accounts whenever deemed necessary by either office. (e) If the comptroller of the treasury determines that due to size or insignificant financial activities by a citizen support organization the requirement of this section for an audit is unnecessary or would be burdensome on a citizen support organization, then the comptroller of the treasury may waive the required audit. Acts 1993, ch. 40, § 7; 1994, ch. 753, § 3.
(a) All annual reports and all books of accounts and financial records of a citizen support organization shall be subject to audit annually by the comptroller of the treasury. With prior approval of the comptroller of the treasury, the audit may be performed by a licensed independent public accountant selected by the citizen support organization. If an independent public accountant is employed, the audit contract between the citizen support organization and the independent public accountant shall be on contract forms prescribed by the comptroller of the treasury. The cost of any audit shall be paid by the citizen support organization; provided, that in the case of any audit performed by the comptroller of the treasury of any citizen support organization having gross receipts of less than twenty-five thousand dollars ($25,000) for the fiscal period under audit, the cost of such audit shall be paid by the state.
(b) The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.
(c) One (1) copy of each audit shall be furnished to each member of the board of the citizen support organization, the department and the comptroller of the treasury.
(d) The department and the comptroller of the treasury, or their designated representative, shall have access to the citizen support organization's books, records and accounts whenever deemed necessary by either office.
(e) If the comptroller of the treasury determines that due to size or insignificant financial activities by a citizen support organization the requirement of this section for an audit is unnecessary or would be burdensome on a citizen support organization, then the comptroller of the treasury may waive the required audit.
Acts 1993, ch. 40, § 7; 1994, ch. 753, § 3.
Tenn. Code Ann. § 11-14-203 — TN Code / Title 11 / Chapter 14 / Section 11-14-203
Approval by planning authority
Status: in_force

(a) No private property shall be acquired by any county or municipality under this part until the planning commission having jurisdiction over the land involved, shall have, by resolution, declared such acquisition to be in the public interest. (b) Where no such planning commission legally exists, the Tennessee local government planning advisory committee shall exercise the same authority as where such municipal or regional commission otherwise legally exists. Acts 1976, ch. 782, § 12; T.C.A., § 11-1716.
(a) No private property shall be acquired by any county or municipality under this part until the planning commission having jurisdiction over the land involved, shall have, by resolution, declared such acquisition to be in the public interest.
(b) Where no such planning commission legally exists, the Tennessee local government planning advisory committee shall exercise the same authority as where such municipal or regional commission otherwise legally exists.
Acts 1976, ch. 782, § 12; T.C.A., § 11-1716.
Tenn. Code Ann. § 11-14-116 — TN Code / Title 11 / Chapter 14 / Section 11-14-116
Reelfoot Lake natural area - Administration - Land acquisition
Status: in_force

(a) Notwithstanding any of this part to the contrary, this section is applicable to the Reelfoot Lake natural area, an area designated as a natural area under § 11-14-108 and described therein. (b) The responsibility for the administration of the Reelfoot Lake natural area under this part is transferred from the department, in cooperation with the wildlife resources agency acting as an advisory body, to the wildlife resources agency, in cooperation with the department acting as an advisory body. (c) All powers and duties of the commissioner under this part, with respect to the Reelfoot Lake natural area, are transferred to and shall be exercised and performed by the executive director of the wildlife resources agency, except that the power and duty to promulgate regulations are transferred to and shall be exercised by the fish and wildlife commission. (d) All powers and duties of the department under this part, with respect to the Reelfoot Lake natural area, are transferred to and shall be exercised by the wildlife resources agency. (e) The fish and wildlife commission, when promulgating regulations applicable to the Reelfoot Lake natural area, and the wildlife resources agency and its executive director, in the administration of the Reelfoot Lake natural area, shall seek the cooperation and advice of the department during the preparation of such regulations and the development of all management plans and policies for the natural area. (f) The powers and duties of the fish and wildlife commission, the wildlife resources agency and its executive director, with respect to the Reelfoot Lake natural area under this section shall not extend to those properties operated by the division of parks and recreation, as the Reelfoot Lake State Resort Park, including noncontiguous day use areas, and consisting of approximately two hundred seventy-nine and twenty-three hundredths (279.23) acres. (g) No provision of this part shall prevent the fish and wildlife commission from allowing hunting, fishing or other taking of wildlife on the Reelfoot Lake natural area in accordance with title 70 and the rules, regulations and proclamations promulgated pursuant to title 70. However, such rules, regulations and proclamations may include restrictions on hunting, fishing or other taking of wildlife in limited areas designated by the fish and wildlife commission as requiring such restrictions for the protection of plant and animal species which are listed by either the department or the fish and wildlife commission as endangered, threatened, deemed in need of management or of special concern. (h) Annually, not later than January 8, the executive director of the wildlife resources agency shall submit a report to the appropriate standing committees of the senate and the house of representatives of the general assembly. Such report shall outline, in summary form, the agency's activities and accomplishments in administering the Reelfoot Lake natural area during the preceding fiscal year. (i) (1) The general assembly finds and declares that it is in the general interests of the people of Tennessee to establish a partnership between this state and private, nonprofit corporations, qualifying under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), for the purpose of implementing the expeditious acquisition of interest in lands at Reelfoot Lake. (2) The executive director of the wildlife resources agency shall identify appropriate private, nonprofit corporations to assist with the acquisition of these lands. These corporations shall have the protection of charters of incorporation. The executive director is authorized, with the approval of the commissioner of finance and administration and the state building commission, to enter into agreements with such corporations to permit the corporations to purchase surveys, appraisals, title work, and other services required for the acquisition of interests in lands at Reelfoot Lake; provided, that contractors selected by the corporations for these purposes must be properly licensed in Tennessee for these purposes. The executive director, with the approval of the commissioner of finance and administration and the state building commission, is further authorized to accept such surveys, appraisals, title work, and services on behalf of the state and to enter into agreements with such corporations to acquire options and to preacquire on behalf of the state interests in lands at Reelfoot Lake. The executive director is further authorized, with the approval of the commissioner of finance and administration and the state building commission, to acquire conservation easements from such corporations where such corporations may retain the fee title; provided, that the executive director may not purchase a conservation easement under such circumstances for more than its appraised value. The executive director may, through such agreements, commit the state to reimburse the corporations for their costs of acquisition and for their costs of capital. The commissioner of finance and administration and the state building commission shall establish a form for such agreements. Amended by 2013 Tenn. Acts, ch. 93, s 3, eff. 4/8/2013. Acts 1984, ch. 548, § 1; 1985, ch. 350, §§ 1-3; 2012 , ch. 993, § 4.
(a) Notwithstanding any of this part to the contrary, this section is applicable to the Reelfoot Lake natural area, an area designated as a natural area under § 11-14-108 and described therein.
(b) The responsibility for the administration of the Reelfoot Lake natural area under this part is transferred from the department, in cooperation with the wildlife resources agency acting as an advisory body, to the wildlife resources agency, in cooperation with the department acting as an advisory body.
(c) All powers and duties of the commissioner under this part, with respect to the Reelfoot Lake natural area, are transferred to and shall be exercised and performed by the executive director of the wildlife resources agency, except that the power and duty to promulgate regulations are transferred to and shall be exercised by the fish and wildlife commission.
(d) All powers and duties of the department under this part, with respect to the Reelfoot Lake natural area, are transferred to and shall be exercised by the wildlife resources agency.
(e) The fish and wildlife commission, when promulgating regulations applicable to the Reelfoot Lake natural area, and the wildlife resources agency and its executive director, in the administration of the Reelfoot Lake natural area, shall seek the cooperation and advice of the department during the preparation of such regulations and the development of all management plans and policies for the natural area.
(f) The powers and duties of the fish and wildlife commission, the wildlife resources agency and its executive director, with respect to the Reelfoot Lake natural area under this section shall not extend to those properties operated by the division of parks and recreation, as the Reelfoot Lake State Resort Park, including noncontiguous day use areas, and consisting of approximately two hundred seventy-nine and twenty-three hundredths (279.23) acres.
(g) No provision of this part shall prevent the fish and wildlife commission from allowing hunting, fishing or other taking of wildlife on the Reelfoot Lake natural area in accordance with title 70 and the rules, regulations and proclamations promulgated pursuant to title 70. However, such rules, regulations and proclamations may include restrictions on hunting, fishing or other taking of wildlife in limited areas designated by the fish and wildlife commission as requiring such restrictions for the protection of plant and animal species which are listed by either the department or the fish and wildlife commission as endangered, threatened, deemed in need of management or of special concern.
(h) Annually, not later than January 8, the executive director of the wildlife resources agency shall submit a report to the appropriate standing committees of the senate and the house of representatives of the general assembly. Such report shall outline, in summary form, the agency's activities and accomplishments in administering the Reelfoot Lake natural area during the preceding fiscal year.
(i) (1) The general assembly finds and declares that it is in the general interests of the people of Tennessee to establish a partnership between this state and private, nonprofit corporations, qualifying under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), for the purpose of implementing the expeditious acquisition of interest in lands at Reelfoot Lake. (2) The executive director of the wildlife resources agency shall identify appropriate private, nonprofit corporations to assist with the acquisition of these lands. These corporations shall have the protection of charters of incorporation. The executive director is authorized, with the approval of the commissioner of finance and administration and the state building commission, to enter into agreements with such corporations to permit the corporations to purchase surveys, appraisals, title work, and other services required for the acquisition of interests in lands at Reelfoot Lake; provided, that contractors selected by the corporations for these purposes must be properly licensed in Tennessee for these purposes. The executive director, with the approval of the commissioner of finance and administration and the state building commission, is further authorized to accept such surveys, appraisals, title work, and services on behalf of the state and to enter into agreements with such corporations to acquire options and to preacquire on behalf of the state interests in lands at Reelfoot Lake. The executive director is further authorized, with the approval of the commissioner of finance and administration and the state building commission, to acquire conservation easements from such corporations where such corporations may retain the fee title; provided, that the executive director may not purchase a conservation easement under such circumstances for more than its appraised value. The executive director may, through such agreements, commit the state to reimburse the corporations for their costs of acquisition and for their costs of capital. The commissioner of finance and administration and the state building commission shall establish a form for such agreements.
(1) The general assembly finds and declares that it is in the general interests of the people of Tennessee to establish a partnership between this state and private, nonprofit corporations, qualifying under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), for the purpose of implementing the expeditious acquisition of interest in lands at Reelfoot Lake.
(2) The executive director of the wildlife resources agency shall identify appropriate private, nonprofit corporations to assist with the acquisition of these lands. These corporations shall have the protection of charters of incorporation. The executive director is authorized, with the approval of the commissioner of finance and administration and the state building commission, to enter into agreements with such corporations to permit the corporations to purchase surveys, appraisals, title work, and other services required for the acquisition of interests in lands at Reelfoot Lake; provided, that contractors selected by the corporations for these purposes must be properly licensed in Tennessee for these purposes. The executive director, with the approval of the commissioner of finance and administration and the state building commission, is further authorized to accept such surveys, appraisals, title work, and services on behalf of the state and to enter into agreements with such corporations to acquire options and to preacquire on behalf of the state interests in lands at Reelfoot Lake. The executive director is further authorized, with the approval of the commissioner of finance and administration and the state building commission, to acquire conservation easements from such corporations where such corporations may retain the fee title; provided, that the executive director may not purchase a conservation easement under such circumstances for more than its appraised value. The executive director may, through such agreements, commit the state to reimburse the corporations for their costs of acquisition and for their costs of capital. The commissioner of finance and administration and the state building commission shall establish a form for such agreements.
Amended by 2013 Tenn. Acts, ch. 93, s 3, eff. 4/8/2013.
Acts 1984, ch. 548, § 1; 1985, ch. 350, §§ 1-3; 2012 , ch. 993, § 4.
Tenn. Code Ann. § 11-1-118 — TN Code / Title 11 / Chapter 1 / Section 11-1-118
Promulgation of rules to create commercial use authorization
Status: in_force

The commissioner of environment and conservation shall promulgate rules that take effect by July 1, 2021, to create a commercial use authorization to allow persons wanting to engage in commercial activities at one (1) or more state parks or state natural areas to obtain a permit to do so. The rules must include fees structured to promote park self-sufficiency and economic development. Added by 2021 Tenn. Acts, ch. 482,s 1, eff. 5/18/2021.
The commissioner of environment and conservation shall promulgate rules that take effect by July 1, 2021, to create a commercial use authorization to allow persons wanting to engage in commercial activities at one (1) or more state parks or state natural areas to obtain a permit to do so. The rules must include fees structured to promote park self-sufficiency and economic development.
Added by 2021 Tenn. Acts, ch. 482,s 1, eff. 5/18/2021.
Tenn. Code Ann. § 11-23-102 — TN Code / Title 11 / Chapter 23 / Section 11-23-102
Appropriation or bond issue - Public notice
Status: in_force

The governing body of the county, municipality or other political subdivision of the state may appropriate money or issue bonds pursuant to title 9, chapter 21, for the purchase of lands for the purposes herein provided, to establish forest plantations or for the care and management of forests. Such governing body may undertake such work at regular or special meetings by a majority vote of such body after two (2) weeks' public notice setting forth the fact that such plan is contemplated and that moneys are to be appropriated for such purpose. Acts 1941, ch. 105, § 2; C. Supp. 1950, § 630.29 (Williams, §630.25b); T.C.A. (orig. ed.), § 11-702; Acts 1988, ch. 750, § 46.
The governing body of the county, municipality or other political subdivision of the state may appropriate money or issue bonds pursuant to title 9, chapter 21, for the purchase of lands for the purposes herein provided, to establish forest plantations or for the care and management of forests. Such governing body may undertake such work at regular or special meetings by a majority vote of such body after two (2) weeks' public notice setting forth the fact that such plan is contemplated and that moneys are to be appropriated for such purpose.
Acts 1941, ch. 105, § 2; C. Supp. 1950, § 630.29 (Williams, §630.25b); T.C.A. (orig. ed.), § 11-702; Acts 1988, ch. 750, § 46.
Tenn. Code Ann. § 11-12-203 — TN Code / Title 11 / Chapter 12 / Section 11-12-203
Survey of land available for jogging trails
Status: in_force

(a) Each agency of state government shall forward to the commissioner a survey of any state land under its control or supervision. The survey shall contain the following information: (1) The location of any tract or parcel of land sufficient in size to contain a jogging trail; (2) A statement of the suitability of the land for use by joggers and, if unsuitable, specific reasons for its unsuitability; and (3) A list of any obstacles that would have to be removed or altered to permit the establishment of a jogging trail on such land. (b) The department of transportation shall not be required to survey all lands currently in use as an existing highway, except as provided in this part. Acts 1980, ch. 835, § 4; T.C.A., §§ 53-6903, 68-51-103.
(a) Each agency of state government shall forward to the commissioner a survey of any state land under its control or supervision. The survey shall contain the following information: (1) The location of any tract or parcel of land sufficient in size to contain a jogging trail; (2) A statement of the suitability of the land for use by joggers and, if unsuitable, specific reasons for its unsuitability; and (3) A list of any obstacles that would have to be removed or altered to permit the establishment of a jogging trail on such land.
(1) The location of any tract or parcel of land sufficient in size to contain a jogging trail;
(2) A statement of the suitability of the land for use by joggers and, if unsuitable, specific reasons for its unsuitability; and
(3) A list of any obstacles that would have to be removed or altered to permit the establishment of a jogging trail on such land.
(b) The department of transportation shall not be required to survey all lands currently in use as an existing highway, except as provided in this part.
Acts 1980, ch. 835, § 4; T.C.A., §§ 53-6903, 68-51-103.
Tenn. Code Ann. § 11-3-306 — TN Code / Title 11 / Chapter 3 / Section 11-3-306
State parks hospitality maintenance and improvement fund
Status: in_force

(a) There is hereby created within the general fund a special account to be known as the "state parks hospitality maintenance and improvement fund." The commissioner must deposit revenue generated by the revenue-generating facilities enumerated in § 11-3-305 into the fund in such a manner that the total amount of revenue deposited each fiscal year, at a minimum, is equal to two percent (2%) of the annual gross revenue generated by the facilities. (b) (1) Any unencumbered funds and any unexpended balance of the state parks hospitality maintenance and improvement fund remaining at the end of a fiscal year shall not revert to the general fund, but instead must be carried forward until expended in accordance with this part. (2) Interest accruing on investments and deposits of the state parks hospitality maintenance and improvement fund must be returned to that fund and remain a part of that fund. (3) Moneys in the state parks hospitality maintenance and improvement fund must be invested by the state treasurer for the benefit of the state parks hospitality maintenance and improvement fund pursuant to § 9-4-603 . The commissioner of environment and conservation shall administer the state parks hospitality maintenance and improvement fund. (4) The state parks hospitality maintenance and improvement fund may provide for: (A) Routine maintenance on the revenue-generating facilities enumerated in § 11-3-305 ; (B) Major maintenance and renovation projects for the revenue-generating facilities enumerated in § 11-3-305 ; (C) Capital improvements to the revenue-generating facilities enumerated in § 11-3-305 ; and (D) Maintenance to or improvements of the accommodations of the revenue-generating facilities enumerated in § 11-3-305 , including, but not limited to, acquiring, maintaining, repairing, or upgrading the furniture, fixtures, carpet, equipment, or decor. (c) If net revenue generated by the revenue-generating facilities enumerated in § 11-3-305 exceeds the need for self-sufficiency of the revenue-generating facilities, then the net revenue does not revert to the general fund and may be applied to state parks in an appropriate manner as determined by the commissioner of environment and conservation. Amended by 2022 Tenn. Acts, ch. 921,s 3, eff. 4/27/2022. Acts 2004, ch. 847, § 4.
(a) There is hereby created within the general fund a special account to be known as the "state parks hospitality maintenance and improvement fund." The commissioner must deposit revenue generated by the revenue-generating facilities enumerated in § 11-3-305 into the fund in such a manner that the total amount of revenue deposited each fiscal year, at a minimum, is equal to two percent (2%) of the annual gross revenue generated by the facilities.
(b) (1) Any unencumbered funds and any unexpended balance of the state parks hospitality maintenance and improvement fund remaining at the end of a fiscal year shall not revert to the general fund, but instead must be carried forward until expended in accordance with this part. (2) Interest accruing on investments and deposits of the state parks hospitality maintenance and improvement fund must be returned to that fund and remain a part of that fund. (3) Moneys in the state parks hospitality maintenance and improvement fund must be invested by the state treasurer for the benefit of the state parks hospitality maintenance and improvement fund pursuant to § 9-4-603 . The commissioner of environment and conservation shall administer the state parks hospitality maintenance and improvement fund. (4) The state parks hospitality maintenance and improvement fund may provide for: (A) Routine maintenance on the revenue-generating facilities enumerated in § 11-3-305 ; (B) Major maintenance and renovation projects for the revenue-generating facilities enumerated in § 11-3-305 ; (C) Capital improvements to the revenue-generating facilities enumerated in § 11-3-305 ; and (D) Maintenance to or improvements of the accommodations of the revenue-generating facilities enumerated in § 11-3-305 , including, but not limited to, acquiring, maintaining, repairing, or upgrading the furniture, fixtures, carpet, equipment, or decor.
(1) Any unencumbered funds and any unexpended balance of the state parks hospitality maintenance and improvement fund remaining at the end of a fiscal year shall not revert to the general fund, but instead must be carried forward until expended in accordance with this part.
(2) Interest accruing on investments and deposits of the state parks hospitality maintenance and improvement fund must be returned to that fund and remain a part of that fund.
(3) Moneys in the state parks hospitality maintenance and improvement fund must be invested by the state treasurer for the benefit of the state parks hospitality maintenance and improvement fund pursuant to § 9-4-603 . The commissioner of environment and conservation shall administer the state parks hospitality maintenance and improvement fund.
(4) The state parks hospitality maintenance and improvement fund may provide for: (A) Routine maintenance on the revenue-generating facilities enumerated in § 11-3-305 ; (B) Major maintenance and renovation projects for the revenue-generating facilities enumerated in § 11-3-305 ; (C) Capital improvements to the revenue-generating facilities enumerated in § 11-3-305 ; and (D) Maintenance to or improvements of the accommodations of the revenue-generating facilities enumerated in § 11-3-305 , including, but not limited to, acquiring, maintaining, repairing, or upgrading the furniture, fixtures, carpet, equipment, or decor.
(A) Routine maintenance on the revenue-generating facilities enumerated in § 11-3-305 ;
(B) Major maintenance and renovation projects for the revenue-generating facilities enumerated in § 11-3-305 ;
(C) Capital improvements to the revenue-generating facilities enumerated in § 11-3-305 ; and
(D) Maintenance to or improvements of the accommodations of the revenue-generating facilities enumerated in § 11-3-305 , including, but not limited to, acquiring, maintaining, repairing, or upgrading the furniture, fixtures, carpet, equipment, or decor.
(c) If net revenue generated by the revenue-generating facilities enumerated in § 11-3-305 exceeds the need for self-sufficiency of the revenue-generating facilities, then the net revenue does not revert to the general fund and may be applied to state parks in an appropriate manner as determined by the commissioner of environment and conservation.
Amended by 2022 Tenn. Acts, ch. 921,s 3, eff. 4/27/2022.
Acts 2004, ch. 847, § 4.
Tenn. Code Ann. § 11-11-112 — TN Code / Title 11 / Chapter 11 / Section 11-11-112
Acquisition of property
Status: in_force

(a) Within the exterior boundaries of the right-of-way, the commissioner may acquire, on behalf of the state of Tennessee, lands in fee title, or interest in land in the form of conservation easements or cooperative agreements. Acquisition of land or of interest therein may be by gift, purchase with donated funds or funds appropriated by the general assembly, proceeds from the sale of bonds, exchange, assumption of property tax payments, or otherwise. Acquisition of land or interest therein shall be accomplished with all possible speed. In acquiring real property or the property interest therein, as defined in this section, the power of eminent domain shall not be utilized to acquire a fee simple or lessor interests to more than twenty-five (25) acres in any one (1) mile of trail length. Such power shall not be used to acquire crop or fenced pasture land when such acquisition will interfere with the growing of crops or with the livestock or pasture land on the remaining property of the farm owner. (b) The power of eminent domain shall not be utilized for acquisitions in the Chickasaw Bluffs Trail area, as defined in § 11-11-106 . Acts 1971, ch. 103, § 12; 1976, ch. 469, § 1; T.C.A., § 11-1612; Acts 1981, ch. 361, § 10.
(a) Within the exterior boundaries of the right-of-way, the commissioner may acquire, on behalf of the state of Tennessee, lands in fee title, or interest in land in the form of conservation easements or cooperative agreements. Acquisition of land or of interest therein may be by gift, purchase with donated funds or funds appropriated by the general assembly, proceeds from the sale of bonds, exchange, assumption of property tax payments, or otherwise. Acquisition of land or interest therein shall be accomplished with all possible speed. In acquiring real property or the property interest therein, as defined in this section, the power of eminent domain shall not be utilized to acquire a fee simple or lessor interests to more than twenty-five (25) acres in any one (1) mile of trail length. Such power shall not be used to acquire crop or fenced pasture land when such acquisition will interfere with the growing of crops or with the livestock or pasture land on the remaining property of the farm owner.
(b) The power of eminent domain shall not be utilized for acquisitions in the Chickasaw Bluffs Trail area, as defined in § 11-11-106 .
Acts 1971, ch. 103, § 12; 1976, ch. 469, § 1; T.C.A., § 11-1612; Acts 1981, ch. 361, § 10.
Tenn. Code Ann. § 11-11-113 — TN Code / Title 11 / Chapter 11 / Section 11-11-113
Use of right-of-way - Hunting restricted
Status: in_force

(a) Within the external boundaries of the right-of-way, the natural vegetation shall be kept undisturbed except for any clearing required for construction of the trail, occasional vistas, or trail-use facilities described in § 11-11-117 . The department shall make every effort to avoid any use of the right-of-way that is incompatible with the purposes for which the trails were established. Development and management of each segment of the state trails system shall be designed to harmonize with and complement any established multiple-use plans for that specific area in order to ensure continual maximum benefits from the land. Other uses along the trail which will not substantially interfere with the nature and purposes of the trail may be permitted by the department. (b) No hunting of wild game shall be permitted on or along any section of the system except as authorized by the department; provided, that the owner of real property adjacent to any part of the system may hunt with or without department authorization on that portion of the system which is adjacent to such owner's property. Acts 1971, ch. 103, § 13; T.C.A., § 11-1613.
(a) Within the external boundaries of the right-of-way, the natural vegetation shall be kept undisturbed except for any clearing required for construction of the trail, occasional vistas, or trail-use facilities described in § 11-11-117 . The department shall make every effort to avoid any use of the right-of-way that is incompatible with the purposes for which the trails were established. Development and management of each segment of the state trails system shall be designed to harmonize with and complement any established multiple-use plans for that specific area in order to ensure continual maximum benefits from the land. Other uses along the trail which will not substantially interfere with the nature and purposes of the trail may be permitted by the department.
(b) No hunting of wild game shall be permitted on or along any section of the system except as authorized by the department; provided, that the owner of real property adjacent to any part of the system may hunt with or without department authorization on that portion of the system which is adjacent to such owner's property.
Acts 1971, ch. 103, § 13; T.C.A., § 11-1613.
Tenn. Code Ann. § 11-14-101 — TN Code / Title 11 / Chapter 14 / Section 11-14-101
Short title
Status: in_force

This part shall be known and may be cited as the "Natural Areas Preservation Act of 1971." Acts 1971, ch. 116, § 1; T.C.A., § 11-1701.
This part shall be known and may be cited as the "Natural Areas Preservation Act of 1971."
Acts 1971, ch. 116, § 1; T.C.A., § 11-1701.
Tenn. Code Ann. § 11-4-703 — TN Code / Title 11 / Chapter 4 / Section 11-4-703
Assistance to forest landowner associations
Status: in_force

In order to promote forestry on nonindustrial privately owned lands, the division is authorized to provide assistance in the establishment of forest landowner associations which encourage and promote improved forest protection, management, reforestation, and forest products marketing and utilization. Acts 1986, ch. 652, § 37.
In order to promote forestry on nonindustrial privately owned lands, the division is authorized to provide assistance in the establishment of forest landowner associations which encourage and promote improved forest protection, management, reforestation, and forest products marketing and utilization.
Acts 1986, ch. 652, § 37.
Tenn. Code Ann. § 11-3-122 — TN Code / Title 11 / Chapter 3 / Section 11-3-122
Driving a golf cart within state park
Status: in_force

In state parks, a golf cart, as defined by § 55-1-123 , may only be driven on golf courses in accordance with state park rules and policies and on the paved roads within the campgrounds, subject to regulation by state parks to protect public safety. Nothing in this section shall prohibit the department of environment and conservation from requiring a valid driver license for the operation of a golf cart within the properties described in this section. Acts 2008, ch. 1081, § 1.
In state parks, a golf cart, as defined by § 55-1-123 , may only be driven on golf courses in accordance with state park rules and policies and on the paved roads within the campgrounds, subject to regulation by state parks to protect public safety. Nothing in this section shall prohibit the department of environment and conservation from requiring a valid driver license for the operation of a golf cart within the properties described in this section.
Acts 2008, ch. 1081, § 1.
Tenn. Code Ann. § 11-25-111 — TN Code / Title 11 / Chapter 25 / Section 11-25-111
Contribution of funding, facilities, and equipment - Financing
Status: in_force

(a) The governing body of the county, or the governing body of any city or town, adjacent to or in the proximity of any real property owned by the authority, has the right to contribute, out of the general fund or any special fund of such county or city, such amount as such legislative body sees fit, to be used in the preliminary expenses of the authority, or in the maintenance of the authority, or for capital improvements or projects of the authority. (b) For the purpose of aiding and cooperating with the authority, the governing body may assign or loan any of its employees, and may provide necessary office space, equipment, and other facilities, for the use of the authority, as the governing body may approve. (c) In addition to the methods of financing authorized in this chapter, administrative costs of the authority as well as the cost of any general plan, improvement, project, program, or work benefiting the authority or in support of the purposes for which the authority is organized, generally may be financed by any fee, special assessment, or general fund tax revenue appropriated by a public or private act of the general assembly. Acts 2012, ch. 1106, § 1.
(a) The governing body of the county, or the governing body of any city or town, adjacent to or in the proximity of any real property owned by the authority, has the right to contribute, out of the general fund or any special fund of such county or city, such amount as such legislative body sees fit, to be used in the preliminary expenses of the authority, or in the maintenance of the authority, or for capital improvements or projects of the authority.
(b) For the purpose of aiding and cooperating with the authority, the governing body may assign or loan any of its employees, and may provide necessary office space, equipment, and other facilities, for the use of the authority, as the governing body may approve.
(c) In addition to the methods of financing authorized in this chapter, administrative costs of the authority as well as the cost of any general plan, improvement, project, program, or work benefiting the authority or in support of the purposes for which the authority is organized, generally may be financed by any fee, special assessment, or general fund tax revenue appropriated by a public or private act of the general assembly.
Acts 2012, ch. 1106, § 1.
Tenn. Code Ann. § 11-7-106 — TN Code / Title 11 / Chapter 7 / Section 11-7-106
Loans and grants - Repayment - Proceeds - Application requirements - Financial statements of applicant - Terms of agreements with board
Status: in_force

(a) The board shall make grants or loans pursuant to § 11-7-105 , only after the recipient entity has entered into an agreement with the trust fund, on the terms and conditions specified by the board. After approving a grant or loan, the board may assist the grantee in carrying out the purposes of the grant. (b) When awarding grants or making loans pursuant to this section, the board may require repayment of those funds on the terms and conditions the board deems appropriate. Proceeds from the repayment or reimbursement of amounts granted or loaned by the board shall be deposited in the fund. (c) Any entity applying for a grant or loan from the trust fund to acquire an interest in real property shall specify the following in the grant or loan application: (1) The intended use of the property; (2) The intended ultimate owner of the property; (3) The entity that will be responsible for managing the property; (4) The funding source for the cost of ongoing management; and (5) Any other information required by the board. (d) Any entity applying for a grant or loan from the trust fund to acquire an interest in real property shall provide a copy of the organization's most recent audited annual financial statements. Such statements must have been prepared within two (2) years of the date of the grant application. (e) In order to receive a grant from the trust fund to assist in the acquisition of any interest in real property, a public agency or nonprofit organization must enter into an agreement with the board. The terms of such agreement shall include the following: (1) The terms under which the interest in real property is ultimately acquired shall be subject to the board's approval; (2) The interest in real property acquired under the grant shall not be used as security for a debt, unless the board approves the transaction; (3) The board shall take appropriate action to protect the public interest in the acquisition, by ensuring that the land will be permanently conserved. In meeting this obligation, the board shall employ appropriate means, including, but not limited to, the acquisition of conservation easements or reversionary interests; (4) Any subsequent transfer of an interest in the real property acquired pursuant to this chapter shall be subject to approval of the board, and a new agreement, sufficient to protect the public interest, shall be entered into between the board and the transferee; (5) A description of the level of use that will be allowed on the property. In awarding grants pursuant to this chapter, the board shall take appropriate action to ensure the preservation of a public benefit that is consistent with the public interest in the acquisition; (6) A requirement that the public agency or nonprofit organization provide to the state an independent appraisal of the fair market value of the interest in real property to be acquired; and (7) A requirement that the public agency or nonprofit organization provide to the state a copy of a financial audit of the agency or organization that has been prepared by an independent public accountant for the most recent completed fiscal year. In addition, the agency or organization shall be required to provide the state with such an audit for subsequent fiscal years during the term of the grant agreement. Acts 2005, ch. 444, § 2.
(a) The board shall make grants or loans pursuant to § 11-7-105 , only after the recipient entity has entered into an agreement with the trust fund, on the terms and conditions specified by the board. After approving a grant or loan, the board may assist the grantee in carrying out the purposes of the grant.
(b) When awarding grants or making loans pursuant to this section, the board may require repayment of those funds on the terms and conditions the board deems appropriate. Proceeds from the repayment or reimbursement of amounts granted or loaned by the board shall be deposited in the fund.
(c) Any entity applying for a grant or loan from the trust fund to acquire an interest in real property shall specify the following in the grant or loan application: (1) The intended use of the property; (2) The intended ultimate owner of the property; (3) The entity that will be responsible for managing the property; (4) The funding source for the cost of ongoing management; and (5) Any other information required by the board.
(1) The intended use of the property;
(2) The intended ultimate owner of the property;
(3) The entity that will be responsible for managing the property;
(4) The funding source for the cost of ongoing management; and
(5) Any other information required by the board.
(d) Any entity applying for a grant or loan from the trust fund to acquire an interest in real property shall provide a copy of the organization's most recent audited annual financial statements. Such statements must have been prepared within two (2) years of the date of the grant application.
(e) In order to receive a grant from the trust fund to assist in the acquisition of any interest in real property, a public agency or nonprofit organization must enter into an agreement with the board. The terms of such agreement shall include the following: (1) The terms under which the interest in real property is ultimately acquired shall be subject to the board's approval; (2) The interest in real property acquired under the grant shall not be used as security for a debt, unless the board approves the transaction; (3) The board shall take appropriate action to protect the public interest in the acquisition, by ensuring that the land will be permanently conserved. In meeting this obligation, the board shall employ appropriate means, including, but not limited to, the acquisition of conservation easements or reversionary interests; (4) Any subsequent transfer of an interest in the real property acquired pursuant to this chapter shall be subject to approval of the board, and a new agreement, sufficient to protect the public interest, shall be entered into between the board and the transferee; (5) A description of the level of use that will be allowed on the property. In awarding grants pursuant to this chapter, the board shall take appropriate action to ensure the preservation of a public benefit that is consistent with the public interest in the acquisition; (6) A requirement that the public agency or nonprofit organization provide to the state an independent appraisal of the fair market value of the interest in real property to be acquired; and (7) A requirement that the public agency or nonprofit organization provide to the state a copy of a financial audit of the agency or organization that has been prepared by an independent public accountant for the most recent completed fiscal year. In addition, the agency or organization shall be required to provide the state with such an audit for subsequent fiscal years during the term of the grant agreement.
(1) The terms under which the interest in real property is ultimately acquired shall be subject to the board's approval;
(2) The interest in real property acquired under the grant shall not be used as security for a debt, unless the board approves the transaction;
(3) The board shall take appropriate action to protect the public interest in the acquisition, by ensuring that the land will be permanently conserved. In meeting this obligation, the board shall employ appropriate means, including, but not limited to, the acquisition of conservation easements or reversionary interests;
(4) Any subsequent transfer of an interest in the real property acquired pursuant to this chapter shall be subject to approval of the board, and a new agreement, sufficient to protect the public interest, shall be entered into between the board and the transferee;
(5) A description of the level of use that will be allowed on the property. In awarding grants pursuant to this chapter, the board shall take appropriate action to ensure the preservation of a public benefit that is consistent with the public interest in the acquisition;
(6) A requirement that the public agency or nonprofit organization provide to the state an independent appraisal of the fair market value of the interest in real property to be acquired; and
(7) A requirement that the public agency or nonprofit organization provide to the state a copy of a financial audit of the agency or organization that has been prepared by an independent public accountant for the most recent completed fiscal year. In addition, the agency or organization shall be required to provide the state with such an audit for subsequent fiscal years during the term of the grant agreement.
Acts 2005, ch. 444, § 2.
Tenn. Code Ann. § 11-13-113 — TN Code / Title 11 / Chapter 13 / Section 11-13-113
Cooperation of other state agencies with commissioner of environment and conservation
Status: in_force

(a) All state agencies shall, promptly upon enactment of this chapter, inform the commissioner of environment and conservation of any proceedings, studies, or other activities within their jurisdiction, and regardless of by whom requested, which are now in progress and which affect or may affect any of the rivers specified in § 11-13-104 . They shall likewise inform the commissioner of any such proceedings, studies, or other activities which are hereafter commenced or resumed before they are commenced or resumed. (b) Nothing in this chapter shall affect the jurisdiction or responsibilities of other state agencies under other law with respect to fish and wildlife. Acts 1968, ch. 540, § 14; T.C.A., § 11-1413.
(a) All state agencies shall, promptly upon enactment of this chapter, inform the commissioner of environment and conservation of any proceedings, studies, or other activities within their jurisdiction, and regardless of by whom requested, which are now in progress and which affect or may affect any of the rivers specified in § 11-13-104 . They shall likewise inform the commissioner of any such proceedings, studies, or other activities which are hereafter commenced or resumed before they are commenced or resumed.
(b) Nothing in this chapter shall affect the jurisdiction or responsibilities of other state agencies under other law with respect to fish and wildlife.
Acts 1968, ch. 540, § 14; T.C.A., § 11-1413.
Tenn. Code Ann. § 11-19-105 — TN Code / Title 11 / Chapter 19 / Section 11-19-105
Compensation - Expenses
Status: in_force

The members of the Great Smoky Mountains Park commission shall receive no compensation for their services, but shall be entitled to reimbursement for their necessary expenses in carrying out their obligations under this chapter, including, but not limited to, reimbursement for travel expenses in accordance with the official comprehensive travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. Acts 1974, ch. 503, § 5; 1976, ch. 806, § 1(53); T.C.A., §11-1905; Acts 1980, ch. 494, § 1.
The members of the Great Smoky Mountains Park commission shall receive no compensation for their services, but shall be entitled to reimbursement for their necessary expenses in carrying out their obligations under this chapter, including, but not limited to, reimbursement for travel expenses in accordance with the official comprehensive travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
Acts 1974, ch. 503, § 5; 1976, ch. 806, § 1(53); T.C.A., §11-1905; Acts 1980, ch. 494, § 1.
Tenn. Code Ann. § 11-1-116 — TN Code / Title 11 / Chapter 1 / Section 11-1-116
Policy of employing young persons to work in state parks and recreation areas
Status: in_force

It is the policy of the general assembly that young persons should assist in the preservation of state parks and recreation areas. The commissioner of environment and conservation is encouraged to employ persons under nineteen (19) years of age to work in state parks and recreation areas. These persons should be employed in nonhazardous duties that enhance the viability and purpose of Tennessee's pristine parks. The commissioner shall provide an annual report to the energy, agriculture and natural resources committee of the senate and to the agriculture and natural resources committee of the house of representatives on the number of persons under nineteen (19) years of age who are employed to work in state parks and recreation areas, and in which state parks and recreation areas such persons are employed. Amended by 2013 Tenn. Acts, ch. 236, s 7, eff. 4/19/2013. Acts 2006, ch. 561, §1; 2012 , ch. 604, § 9.
It is the policy of the general assembly that young persons should assist in the preservation of state parks and recreation areas. The commissioner of environment and conservation is encouraged to employ persons under nineteen (19) years of age to work in state parks and recreation areas. These persons should be employed in nonhazardous duties that enhance the viability and purpose of Tennessee's pristine parks. The commissioner shall provide an annual report to the energy, agriculture and natural resources committee of the senate and to the agriculture and natural resources committee of the house of representatives on the number of persons under nineteen (19) years of age who are employed to work in state parks and recreation areas, and in which state parks and recreation areas such persons are employed.
Amended by 2013 Tenn. Acts, ch. 236, s 7, eff. 4/19/2013.
Acts 2006, ch. 561, §1; 2012 , ch. 604, § 9.
Tenn. Code Ann. § 11-25-104 — TN Code / Title 11 / Chapter 25 / Section 11-25-104
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Adventure tourism activities" means outdoor recreational opportunities such as equine and motorized trail riding, rappelling, road biking, rock climbing, hang gliding, spelunking, shooting sports, mountain biking, canoeing, paragliding, zip lining and other such activities; (2) "Authority" means the Doe Mountain recreation authority; (3) "Board" means the board of directors of the authority; (4) "Bonds" or "revenue bonds" means bonds, notes, interim certificates or other obligations of an authority issued pursuant to this chapter, or pursuant to any other law, as supplemented by, or in conjunction with, this chapter; (5) "County" means the county in this state in which Doe Mountain is located; (6) "Governing body" means the legislative body of a county as defined in this chapter; (7) "Municipality" means any county, or any incorporated city or town in this state with respect to which the authority may be organized; (8) "Person" means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character; (9) "Project" means any outdoor recreational facility, or any other structure, improvement, or facility constructed, leased, equipped, renovated or acquired for any of the purposes set forth in this chapter, and also includes, but is not limited to, trails, roads, streets, bridges, towers, erosion control facilities, paths, signs, shelters, cabins, and utility services, such as water, sanitary sewer, electricity, gas and natural gas, and telecommunications that are constructed, leased, equipped, renovated or acquired as a supporting system or facility for any of the purposes set forth in this chapter; provided, that such supporting system or facility is dedicated for public use; (10) "Revenues" means all revenues derived from and on account of a project, directly or indirectly, including license or admission fees, payments under a lease or sale contract and repayments under any loan agreement, or under notes, debentures, bonds and other secured or unsecured debt obligations of a lessee or contracting party delivered as provided in this chapter, and any revenues pledged by a municipality; (11) "Outdoor recreational facilities" means and includes projects, facilities, improvements, and structures erected for any and all types of recreational pursuits, including, but not limited to, adventure tourism activities, camping, hiking, hunting, fishing, wildlife viewing, or any other outdoor recreational activity that adds to the recreational enrichment and economic development of the community; and (12) "State" means the state of Tennessee and, unless otherwise indicated by the context, any agency, authority, branch, bureau, commission, corporation, department or instrumentality of the state, now or hereafter existing. Acts 2012, ch. 1106, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Adventure tourism activities" means outdoor recreational opportunities such as equine and motorized trail riding, rappelling, road biking, rock climbing, hang gliding, spelunking, shooting sports, mountain biking, canoeing, paragliding, zip lining and other such activities;
(2) "Authority" means the Doe Mountain recreation authority;
(3) "Board" means the board of directors of the authority;
(4) "Bonds" or "revenue bonds" means bonds, notes, interim certificates or other obligations of an authority issued pursuant to this chapter, or pursuant to any other law, as supplemented by, or in conjunction with, this chapter;
(5) "County" means the county in this state in which Doe Mountain is located;
(6) "Governing body" means the legislative body of a county as defined in this chapter;
(7) "Municipality" means any county, or any incorporated city or town in this state with respect to which the authority may be organized;
(8) "Person" means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character;
(9) "Project" means any outdoor recreational facility, or any other structure, improvement, or facility constructed, leased, equipped, renovated or acquired for any of the purposes set forth in this chapter, and also includes, but is not limited to, trails, roads, streets, bridges, towers, erosion control facilities, paths, signs, shelters, cabins, and utility services, such as water, sanitary sewer, electricity, gas and natural gas, and telecommunications that are constructed, leased, equipped, renovated or acquired as a supporting system or facility for any of the purposes set forth in this chapter; provided, that such supporting system or facility is dedicated for public use;
(10) "Revenues" means all revenues derived from and on account of a project, directly or indirectly, including license or admission fees, payments under a lease or sale contract and repayments under any loan agreement, or under notes, debentures, bonds and other secured or unsecured debt obligations of a lessee or contracting party delivered as provided in this chapter, and any revenues pledged by a municipality;
(11) "Outdoor recreational facilities" means and includes projects, facilities, improvements, and structures erected for any and all types of recreational pursuits, including, but not limited to, adventure tourism activities, camping, hiking, hunting, fishing, wildlife viewing, or any other outdoor recreational activity that adds to the recreational enrichment and economic development of the community; and
(12) "State" means the state of Tennessee and, unless otherwise indicated by the context, any agency, authority, branch, bureau, commission, corporation, department or instrumentality of the state, now or hereafter existing.
Acts 2012, ch. 1106, § 1.
Tenn. Code Ann. § 11-13-101 — TN Code / Title 11 / Chapter 13 / Section 11-13-101
Title - Legislative intent
Status: in_force

(a) This chapter shall be known by the title "The Tennessee Scenic Rivers Act of 1968." (b) The general assembly finds that certain rivers of Tennessee possess outstanding scenic, recreational, geological, fish and wildlife, botanical, historical, archaeological and other scientific and cultural values of great present and future benefit to the people. The general assembly further finds that the policy that has resulted in dam and other construction on many of the rivers of Tennessee needs to be complemented by a policy that would preserve other valuable selected rivers or sections thereof in their free-flowing natural or scenic condition and protect their water quality and adjacent lands. It is the policy of the general assembly to preserve and, if necessary, reclaim for the benefit of the people selected parts of Tennessee's diminishing resources of free-flowing rivers. It is the policy of the general assembly to maintain a proper balance between reservoirs and free-flowing rivers, to provide, thereby, a desirable variety of scenic, recreational, scientific and other values. It is the policy of the general assembly to preserve, within the scenic river system itself, several different types and examples of river areas, including the mountain streams and deep gorges of east Tennessee, the pastoral rivers of middle Tennessee and the swamp and wildfowl rivers of west Tennessee. For aesthetic as well as ecological and other scientific reasons, priority and especial emphasis shall be given to the preservation of natural, unspoiled, undeveloped river areas. Few of these are left in the eastern United States and the general assembly feels a strong obligation to the American people to protect the remarkably beautiful ones in Tennessee. The general assembly affirms that it must not deny the people of this generation and their descendants the opportunity to refresh their spirits with the infinite beauties of the unspoiled stream. To implement these policies, it is the purpose of this chapter to establish a state scenic rivers system by designating certain scenic river areas for immediate inclusion in the system and by prescribing the procedures and criteria for protecting and administering the system and for adding new components to it. It is not the intent of this chapter to require or to authorize acquisition of all lands within the exterior boundaries of scenic river areas but to assure preservation of the scenic, ecological and other values, and to provide proper management of the recreational, wildlife and other land and water resources. It is the intention of the general assembly that in all planning for the use and development of water and related land resources, consideration shall be given by all local, state and federal agencies involved to potential scenic river areas, and all river basin and project plan reports should discuss any such potential. Acts 1968, ch. 540, §§ 1, 2; T.C.A., § 11-1401.
(a) This chapter shall be known by the title "The Tennessee Scenic Rivers Act of 1968."
(b) The general assembly finds that certain rivers of Tennessee possess outstanding scenic, recreational, geological, fish and wildlife, botanical, historical, archaeological and other scientific and cultural values of great present and future benefit to the people. The general assembly further finds that the policy that has resulted in dam and other construction on many of the rivers of Tennessee needs to be complemented by a policy that would preserve other valuable selected rivers or sections thereof in their free-flowing natural or scenic condition and protect their water quality and adjacent lands. It is the policy of the general assembly to preserve and, if necessary, reclaim for the benefit of the people selected parts of Tennessee's diminishing resources of free-flowing rivers. It is the policy of the general assembly to maintain a proper balance between reservoirs and free-flowing rivers, to provide, thereby, a desirable variety of scenic, recreational, scientific and other values. It is the policy of the general assembly to preserve, within the scenic river system itself, several different types and examples of river areas, including the mountain streams and deep gorges of east Tennessee, the pastoral rivers of middle Tennessee and the swamp and wildfowl rivers of west Tennessee. For aesthetic as well as ecological and other scientific reasons, priority and especial emphasis shall be given to the preservation of natural, unspoiled, undeveloped river areas. Few of these are left in the eastern United States and the general assembly feels a strong obligation to the American people to protect the remarkably beautiful ones in Tennessee. The general assembly affirms that it must not deny the people of this generation and their descendants the opportunity to refresh their spirits with the infinite beauties of the unspoiled stream. To implement these policies, it is the purpose of this chapter to establish a state scenic rivers system by designating certain scenic river areas for immediate inclusion in the system and by prescribing the procedures and criteria for protecting and administering the system and for adding new components to it. It is not the intent of this chapter to require or to authorize acquisition of all lands within the exterior boundaries of scenic river areas but to assure preservation of the scenic, ecological and other values, and to provide proper management of the recreational, wildlife and other land and water resources. It is the intention of the general assembly that in all planning for the use and development of water and related land resources, consideration shall be given by all local, state and federal agencies involved to potential scenic river areas, and all river basin and project plan reports should discuss any such potential.
Acts 1968, ch. 540, §§ 1, 2; T.C.A., § 11-1401.
Tenn. Code Ann. § 11-8-101 — TN Code / Title 11 / Chapter 8 / Section 11-8-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Ocoee River Recreation and Economic Development Fund Act." Added by 2017 Tenn. Acts, ch. 434,s 1, eff. 5/17/2017.
This chapter shall be known and may be cited as the "Ocoee River Recreation and Economic Development Fund Act."
Added by 2017 Tenn. Acts, ch. 434,s 1, eff. 5/17/2017.
Tenn. Code Ann. § 11-6-120 — TN Code / Title 11 / Chapter 6 / Section 11-6-120
Volunteer programs - Providing archaeological information to schools and other interest groups - Tennessee Archaeology Awareness Week
Status: in_force

(a) Within existing resources and personnel, the division is authorized to carry out a coordinated program using qualified volunteers to implement the purposes of this part pursuant to § 11-6-101 . (b) The division may establish an organized program of providing archaeological information and programs to schools and other interest groups. (c) The division may establish and coordinate activities focused on one (1) special week of the year to promote the archaeological heritage of Tennessee. This week shall be designated the "Tennessee Archaeology Awareness Week." Acts 1995, ch. 91, § 1.
(a) Within existing resources and personnel, the division is authorized to carry out a coordinated program using qualified volunteers to implement the purposes of this part pursuant to § 11-6-101 .
(b) The division may establish an organized program of providing archaeological information and programs to schools and other interest groups.
(c) The division may establish and coordinate activities focused on one (1) special week of the year to promote the archaeological heritage of Tennessee. This week shall be designated the "Tennessee Archaeology Awareness Week."
Acts 1995, ch. 91, § 1.
Tenn. Code Ann. § 11-13-104 — TN Code / Title 11 / Chapter 13 / Section 11-13-104
Rivers initially included in system
Status: in_force

The rivers or segments of rivers to be initially included in this system, being classified by the above-stated criteria, are as follows: Class I Natural River Areas Blackburn Fork - That segment of the stream from the county road at Cummings Mill downstream one and one-half (11/2) miles. Chickamauga Creek - The segment of North Chickamauga Creek in Hamilton County from a point approximately at the confluence of Hixson Branch continuing to a point eight and three-tenths miles (8.3 mi.) downstream to the North Chickamauga Creek Gorge visitor access on Montlake Road in Hamilton County, and that one and one-half miles (1.5 mi.) segment of its tributary Cain Creek from the department of environment and conservation property line to the confluence with North Chickamauga Creek. Conasauga River - The entire segment of the river in Polk County, upstream from the Highway 411 bridge. Duskin Creek - That continuous segment of Duskin Creek from its confluence with Newby Branch in Rhea County downstream to its confluence with Piney River in Rhea County. Hatchie River as a swamp river. Little Piney Creek - That continuous segment of Little Piney Creek entirely within Piney Falls State Natural Area in Rhea County downstream to its confluence with Soak Creek in Rhea County. Piney River - That continuous segment of Piney River, in Rhea County from its confluence with Moccasin Creek downstream to its confluence with RockHouse Branch. Roaring River - That segment from State Route 136 downstream two (2) miles. Spring Creek - That segment from Waterloo Mill downstream to the Overton-Jackson county line. Class II Pastoral River Areas Blackburn Fork - That segment downstream from a point one and one-half (11/2) miles downstream from the county road at Cummings Mill to its confluence with Roaring River. Buffalo River - The entire river, except that portion which lies within Wayne, Perry, Humphreys and Lewis counties. Collins River - That segment which lies within the Savage Gulf natural-scientific area. Duck River - That segment of the Duck River beginning at Iron Bridge Road at river mile 136.4 extending continuously to a point upstream to the boundary of Marshall County at river mile 173.7. Duck River - That segment of the Duck River beginning at Industrial Park Road approximately at river mile 128 extending continuously to a point downstream to the boundary of Hickman County at approximately river mile 98 downstream from the Natchez Trace River Bridge. Harpeth River - The entire river except that segment lying north of Highway 100 and south of Interstate 40 in Davidson County; and except those segments located in Cheatham, Dickson and Williamson counties. Roaring River - That segment downstream from a point two (2) miles downstream from State Route 136, to its confluence with the Cordell Hull Lake. Spring Creek - That segment between State Highway 136 and Waterloo Mill, and that segment downstream from the Overton-Jackson county line to its confluence with Roaring River. Class III Developed River Areas French Broad River - That segment from the North Carolina state line to its confluence with Douglas Lake. Harpeth River - Only that segment of the Harpeth River lying north of Highway 100 and south of Interstate 40; it being the specific intent to exclude all segments of the Harpeth River lying in or flowing though Cheatham, Dickson and Williamson counties. Tuckahoe Creek Hiwassee River - That portion from the Highway 411 bridge to the North Carolina line. Clinch River - That portion from Melton Hill Dam upstream to Pellissippi Parkway. Soak Creek - That segment of Soak Creek beginning in Bledsoe County at its confluence with Georgia Branch continuing to a point downstream to its confluence with the Piney River in Rhea County. Class IV Olympic River Areas Ocoee River - That segment of the Ocoee River from Ocoee Dam No. 3 to its confluence with Big Creek. Amended by 2024 Tenn. Acts, ch. 1044,s 4, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 371, s 1, eff. 5/11/2023. Amended by 2023 Tenn. Acts, ch. 195, s 1, eff. 4/24/2023. Amended by 2020 Tenn. Acts, ch. 715, s 1, eff. 6/22/2020. Amended by 2016 Tenn. Acts, ch. 713, s 1, eff. 4/6/2016. Acts 1968, ch. 540, § 5; 1969, ch. 31, § 1; 1969, ch. 110, § 1; 1970, ch. 437, § 2; 1972, ch. 536, §§ 1, 2; T.C.A., §11-1404; Acts 1984, ch. 830, § 1; 1996, ch. 1064, § 1; 2001, ch. 232, § 1.
The rivers or segments of rivers to be initially included in this system, being classified by the above-stated criteria, are as follows:
Class I Natural River Areas
Blackburn Fork - That segment of the stream from the county road at Cummings Mill downstream one and one-half (11/2) miles.
Chickamauga Creek - The segment of North Chickamauga Creek in Hamilton County from a point approximately at the confluence of Hixson Branch continuing to a point eight and three-tenths miles (8.3 mi.) downstream to the North Chickamauga Creek Gorge visitor access on Montlake Road in Hamilton County, and that one and one-half miles (1.5 mi.) segment of its tributary Cain Creek from the department of environment and conservation property line to the confluence with North Chickamauga Creek.
Conasauga River - The entire segment of the river in Polk County, upstream from the Highway 411 bridge.
Duskin Creek - That continuous segment of Duskin Creek from its confluence with Newby Branch in Rhea County downstream to its confluence with Piney River in Rhea County.
Hatchie River as a swamp river.
Little Piney Creek - That continuous segment of Little Piney Creek entirely within Piney Falls State Natural Area in Rhea County downstream to its confluence with Soak Creek in Rhea County.
Piney River - That continuous segment of Piney River, in Rhea County from its confluence with Moccasin Creek downstream to its confluence with RockHouse Branch.
Roaring River - That segment from State Route 136 downstream two (2) miles.
Spring Creek - That segment from Waterloo Mill downstream to the Overton-Jackson county line.
Class II Pastoral River Areas
Blackburn Fork - That segment downstream from a point one and one-half (11/2) miles downstream from the county road at Cummings Mill to its confluence with Roaring River.
Buffalo River - The entire river, except that portion which lies within Wayne, Perry, Humphreys and Lewis counties.
Collins River - That segment which lies within the Savage Gulf natural-scientific area.
Duck River - That segment of the Duck River beginning at Iron Bridge Road at river mile 136.4 extending continuously to a point upstream to the boundary of Marshall County at river mile 173.7.
Duck River - That segment of the Duck River beginning at Industrial Park Road approximately at river mile 128 extending continuously to a point downstream to the boundary of Hickman County at approximately river mile 98 downstream from the Natchez Trace River Bridge.
Harpeth River - The entire river except that segment lying north of Highway 100 and south of Interstate 40 in Davidson County; and except those segments located in Cheatham, Dickson and Williamson counties.
Roaring River - That segment downstream from a point two (2) miles downstream from State Route 136, to its confluence with the Cordell Hull Lake.
Spring Creek - That segment between State Highway 136 and Waterloo Mill, and that segment downstream from the Overton-Jackson county line to its confluence with Roaring River.
Class III Developed River Areas
French Broad River - That segment from the North Carolina state line to its confluence with Douglas Lake.
Harpeth River - Only that segment of the Harpeth River lying north of Highway 100 and south of Interstate 40; it being the specific intent to exclude all segments of the Harpeth River lying in or flowing though Cheatham, Dickson and Williamson counties.
Tuckahoe Creek
Hiwassee River - That portion from the Highway 411 bridge to the North Carolina line.
Clinch River - That portion from Melton Hill Dam upstream to Pellissippi Parkway.
Soak Creek - That segment of Soak Creek beginning in Bledsoe County at its confluence with Georgia Branch continuing to a point downstream to its confluence with the Piney River in Rhea County.
Class IV Olympic River Areas
Ocoee River - That segment of the Ocoee River from Ocoee Dam No. 3 to its confluence with Big Creek.
Amended by 2024 Tenn. Acts, ch. 1044,s 4, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 371, s 1, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 195, s 1, eff. 4/24/2023.
Amended by 2020 Tenn. Acts, ch. 715, s 1, eff. 6/22/2020.
Amended by 2016 Tenn. Acts, ch. 713, s 1, eff. 4/6/2016.
Acts 1968, ch. 540, § 5; 1969, ch. 31, § 1; 1969, ch. 110, § 1; 1970, ch. 437, § 2; 1972, ch. 536, §§ 1, 2; T.C.A., §11-1404; Acts 1984, ch. 830, § 1; 1996, ch. 1064, § 1; 2001, ch. 232, § 1.
Tenn. Code Ann. § 11-7-109 — TN Code / Title 11 / Chapter 7 / Section 11-7-109
Conservation compensation fund - Determination of tax ramifications - Reimbursement for lost taxes
Status: in_force

(a) There is hereby created a special agency account in the state general fund to be known as the conservation compensation fund. Expenditures from such fund shall only be made to implement and effectuate the purposes of this chapter. Funds deposited in such fund shall not revert at the end of any fiscal year, and all interest accruing on investments and deposits of the fund shall be returned to and made a part of the fund. (b) On or before January 1 of each year, the commissioner of general services shall certify to the comptroller of the treasury such information as is necessary to identify the parcels of property that have been rendered tax exempt through acquisition by the state pursuant to this chapter during the prior fiscal year. The comptroller of the treasury shall determine the appropriate tax rate and assessed value of each such parcel of property, and on or before March 1 of each year, shall certify to the commissioner of finance and administration the amount of property tax revenue lost by each affected city or county the prior fiscal year. The assessed value shall be based on the use value provided for in title 67, chapter 5, part 10, if the property is of sufficient size to have been classified under that part. Acquisition by the state, pursuant to this chapter, of property classified under title 67, chapter 5, part 10, shall not constitute a change in the use of the property, and no rollback taxes shall become due solely as a result of such acquisition. If the property is not of sufficient size to have been classified under title 67, chapter 5, part 10, the assessed value shall be determined according to the same basis as other like property within the jurisdiction. Each subsequent yearly reimbursement amount shall be based on the same assessed value, tax rate and use in effect on the date of purchase. The commissioner of finance and administration shall reimburse each affected city and county the amount so determined, from funds available in the conservation compensation fund. In any year in which funds available in the conservation compensation fund are insufficient to fully reimburse such cities and counties, the commissioner of finance and administration shall effect a transfer of funds from the Tennessee heritage conservation trust fund to the conservation compensation fund, in an amount sufficient to fully reimburse the affected cities and counties. Funds transferred from the Tennessee heritage conservation trust fund to the conservation compensation fund, along with interest, if any, accruing on such funds after their transfer to the conservation compensation fund, shall be expended to reimburse affected cities and counties only for lands acquired by the state under this chapter. Amended by 2020 Tenn. Acts, ch. 795,s 1, eff. 7/15/2020. Acts 2005, ch. 444, § 2.
(a) There is hereby created a special agency account in the state general fund to be known as the conservation compensation fund. Expenditures from such fund shall only be made to implement and effectuate the purposes of this chapter. Funds deposited in such fund shall not revert at the end of any fiscal year, and all interest accruing on investments and deposits of the fund shall be returned to and made a part of the fund.
(b) On or before January 1 of each year, the commissioner of general services shall certify to the comptroller of the treasury such information as is necessary to identify the parcels of property that have been rendered tax exempt through acquisition by the state pursuant to this chapter during the prior fiscal year. The comptroller of the treasury shall determine the appropriate tax rate and assessed value of each such parcel of property, and on or before March 1 of each year, shall certify to the commissioner of finance and administration the amount of property tax revenue lost by each affected city or county the prior fiscal year. The assessed value shall be based on the use value provided for in title 67, chapter 5, part 10, if the property is of sufficient size to have been classified under that part. Acquisition by the state, pursuant to this chapter, of property classified under title 67, chapter 5, part 10, shall not constitute a change in the use of the property, and no rollback taxes shall become due solely as a result of such acquisition. If the property is not of sufficient size to have been classified under title 67, chapter 5, part 10, the assessed value shall be determined according to the same basis as other like property within the jurisdiction. Each subsequent yearly reimbursement amount shall be based on the same assessed value, tax rate and use in effect on the date of purchase. The commissioner of finance and administration shall reimburse each affected city and county the amount so determined, from funds available in the conservation compensation fund. In any year in which funds available in the conservation compensation fund are insufficient to fully reimburse such cities and counties, the commissioner of finance and administration shall effect a transfer of funds from the Tennessee heritage conservation trust fund to the conservation compensation fund, in an amount sufficient to fully reimburse the affected cities and counties. Funds transferred from the Tennessee heritage conservation trust fund to the conservation compensation fund, along with interest, if any, accruing on such funds after their transfer to the conservation compensation fund, shall be expended to reimburse affected cities and counties only for lands acquired by the state under this chapter.
Amended by 2020 Tenn. Acts, ch. 795,s 1, eff. 7/15/2020.
Acts 2005, ch. 444, § 2.
Tenn. Code Ann. § 11-11-204 — TN Code / Title 11 / Chapter 11 / Section 11-11-204
Creation of adventure tourism district
Status: in_force

(a) A local governing body may, by a two-thirds (2/3) vote authorize the creation of a district within the boundaries of such governing body as an adventure tourism district by developing an adventure tourism district plan. Alternatively, one (1) or more counties or one (1) or more municipalities may enter into an intergovernmental agreement pursuant to the Interlocal Cooperation Act, compiled in title 12, chapter 9, to designate jointly an adventure tourism district that contains area within the boundaries of more than one (1) local government. (b) Adventure tourism professionals may petition local governing bodies to authorize the creation of an adventure tourism district. Such petition shall be accompanied by specific business plans based on quantifiable data demonstrating that the creation of an adventure tourism district would enhance sustainable economic development in the area. (c) Upon a local governing body or bodies authorizing the creation of an adventure tourism district, the adventure tourism district plan shall be submitted to the department of tourist development and the department of revenue for joint approval as an adventure tourism district. Such approval shall be granted if the commissioner of tourist development and the commissioner of revenue determine that the allocation of franchise and excise tax credits are in the best interests of the state. (d) Following the approval of the department of tourist development and the department of revenue for an adventure tourism district pursuant to subsection (c), a local governing body may submit the adventure tourism district plan to: (1) The department of revenue for approval of tax credits pursuant to § 67-4-2109 ; and (2) The department of tourist development for promotional support through use of the department's existing resources. Amended by 2016 Tenn. Acts, ch. 845, s 3, eff. 4/19/2016. Amended by 2013 Tenn. Acts, ch. 378, s 4, eff. 5/14/2013. Acts 2011 , ch. 383, § 1.
(a) A local governing body may, by a two-thirds (2/3) vote authorize the creation of a district within the boundaries of such governing body as an adventure tourism district by developing an adventure tourism district plan. Alternatively, one (1) or more counties or one (1) or more municipalities may enter into an intergovernmental agreement pursuant to the Interlocal Cooperation Act, compiled in title 12, chapter 9, to designate jointly an adventure tourism district that contains area within the boundaries of more than one (1) local government.
(b) Adventure tourism professionals may petition local governing bodies to authorize the creation of an adventure tourism district. Such petition shall be accompanied by specific business plans based on quantifiable data demonstrating that the creation of an adventure tourism district would enhance sustainable economic development in the area.
(c) Upon a local governing body or bodies authorizing the creation of an adventure tourism district, the adventure tourism district plan shall be submitted to the department of tourist development and the department of revenue for joint approval as an adventure tourism district. Such approval shall be granted if the commissioner of tourist development and the commissioner of revenue determine that the allocation of franchise and excise tax credits are in the best interests of the state.
(d) Following the approval of the department of tourist development and the department of revenue for an adventure tourism district pursuant to subsection (c), a local governing body may submit the adventure tourism district plan to: (1) The department of revenue for approval of tax credits pursuant to § 67-4-2109 ; and (2) The department of tourist development for promotional support through use of the department's existing resources.
(1) The department of revenue for approval of tax credits pursuant to § 67-4-2109 ; and
(2) The department of tourist development for promotional support through use of the department's existing resources.
Amended by 2016 Tenn. Acts, ch. 845, s 3, eff. 4/19/2016.
Amended by 2013 Tenn. Acts, ch. 378, s 4, eff. 5/14/2013.
Acts 2011 , ch. 383, § 1.
Tenn. Code Ann. § 11-5-103 — TN Code / Title 11 / Chapter 5 / Section 11-5-103
Objects and duties of state geological division
Status: in_force

The geological division has for its objects and duties the following: (1) A study of the geological formations of the state, with especial reference to their economic products, including coal, oil, gas, ores, fertilizers, building stones, road-making materials, clays, cement materials, sands, soils, forests, mineral and artesian waters, drainage of swamps, streams, and water powers, and other natural resources; (2) A study of the character, origin, and relations of the soils of the state, with especial reference to their adaptability to particular crops, the maintenance of soil fertility, and the conservation and utilization of supplies of natural fertilizers; (3) A study of the road-making materials of the state, with reference to their character, distribution, and the best methods of utilizing the same; (4) A study of the occurrence and availability of underground water supplies; (5) An investigation of the forests, streams, and water powers of the state, with especial reference to their conservation and development for industrial enterprises; (6) A study of the swamp and other nontillable lands of the state, with reference to their reclamation for agricultural purposes; (7) A study of the physical features of the state, with reference to their bearing upon the occupations, physical welfare, and intellectual pursuits of the people; (8) The preparation, in accordance with the rules, regulations, policies and procedures of the state publications committee, of special reports with necessary illustrations and maps, which shall embrace both general and detailed descriptions of the geology, topography, and natural resources of the state; (9) The preparation, in accordance with the rules, regulations, policies and procedures of the state publications committee, of special geologic, topographic, and economic maps to illustrate the structure, relief, and natural resources of the state; and (10) The consideration of such other scientific and economic questions as in the judgment of the commissioner of environment and conservation shall be deemed of value to the people of the state. Acts 1909, ch. 569, § 5; Shan., § 310a5; mod. Code 1932, § 626; impl. am. Acts 1937, ch. 33, §§ 56, 69; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-503; Acts 1990, ch. 1024, §§ 11, 12.
The geological division has for its objects and duties the following:
(1) A study of the geological formations of the state, with especial reference to their economic products, including coal, oil, gas, ores, fertilizers, building stones, road-making materials, clays, cement materials, sands, soils, forests, mineral and artesian waters, drainage of swamps, streams, and water powers, and other natural resources;
(2) A study of the character, origin, and relations of the soils of the state, with especial reference to their adaptability to particular crops, the maintenance of soil fertility, and the conservation and utilization of supplies of natural fertilizers;
(3) A study of the road-making materials of the state, with reference to their character, distribution, and the best methods of utilizing the same;
(4) A study of the occurrence and availability of underground water supplies;
(5) An investigation of the forests, streams, and water powers of the state, with especial reference to their conservation and development for industrial enterprises;
(6) A study of the swamp and other nontillable lands of the state, with reference to their reclamation for agricultural purposes;
(7) A study of the physical features of the state, with reference to their bearing upon the occupations, physical welfare, and intellectual pursuits of the people;
(8) The preparation, in accordance with the rules, regulations, policies and procedures of the state publications committee, of special reports with necessary illustrations and maps, which shall embrace both general and detailed descriptions of the geology, topography, and natural resources of the state;
(9) The preparation, in accordance with the rules, regulations, policies and procedures of the state publications committee, of special geologic, topographic, and economic maps to illustrate the structure, relief, and natural resources of the state; and
(10) The consideration of such other scientific and economic questions as in the judgment of the commissioner of environment and conservation shall be deemed of value to the people of the state.
Acts 1909, ch. 569, § 5; Shan., § 310a5; mod. Code 1932, § 626; impl. am. Acts 1937, ch. 33, §§ 56, 69; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-503; Acts 1990, ch. 1024, §§ 11, 12.
Tenn. Code Ann. § 11-24-107 — TN Code / Title 11 / Chapter 24 / Section 11-24-107
Bonds - Issuance authorized for recreational purposes
Status: in_force

The governing body of any municipality may, pursuant to law, provide that the bonds of such municipality may be issued in the manner provided by law for the issuance of bonds for other purposes, for the purpose of acquiring lands or buildings for playgrounds, recreation centers and other recreational purposes, and for the equipment for such items. Acts 1937, ch. 307, § 7; C. Supp. 1950, § 3516.7; T.C.A. (orig. ed.), § 11-907.
The governing body of any municipality may, pursuant to law, provide that the bonds of such municipality may be issued in the manner provided by law for the issuance of bonds for other purposes, for the purpose of acquiring lands or buildings for playgrounds, recreation centers and other recreational purposes, and for the equipment for such items.
Acts 1937, ch. 307, § 7; C. Supp. 1950, § 3516.7; T.C.A. (orig. ed.), § 11-907.
Tenn. Code Ann. § 11-18-103 — TN Code / Title 11 / Chapter 18 / Section 11-18-103
Civil and criminal jurisdiction retained - Privileges as citizens retained by inhabitants
Status: in_force

The jurisdiction of the state of Tennessee, both civil and criminal, over persons upon the lands acquired for the purposes named in § 11-18-101 , or similar purposes, shall not be affected or changed by their permanent acquisition and administration by the United States for such purposes, except so far as the punishment of offenses against the United States is concerned, the intent and meaning of this section being that the state of Tennessee shall not, by reasons of such acquisition and administration, lose its jurisdiction nor the inhabitants thereof their rights and privileges as citizens or be absolved from their duties as citizens of the state. Acts 1933, ch. 161, § 3; C. Supp. 1950, § 5201.4; T.C.A. (orig. ed.), § 11-1003.
The jurisdiction of the state of Tennessee, both civil and criminal, over persons upon the lands acquired for the purposes named in § 11-18-101 , or similar purposes, shall not be affected or changed by their permanent acquisition and administration by the United States for such purposes, except so far as the punishment of offenses against the United States is concerned, the intent and meaning of this section being that the state of Tennessee shall not, by reasons of such acquisition and administration, lose its jurisdiction nor the inhabitants thereof their rights and privileges as citizens or be absolved from their duties as citizens of the state.
Acts 1933, ch. 161, § 3; C. Supp. 1950, § 5201.4; T.C.A. (orig. ed.), § 11-1003.
Tenn. Code Ann. § 11-24-202 — TN Code / Title 11 / Chapter 24 / Section 11-24-202
Programs established by formal agreements
Status: in_force

The governing body of any municipality or the recreation board or commission, as appropriate, may enter into formal agreements with business and civic groups and individuals for volunteer services to maintain and make improvements to real and personal property in municipal parks in accordance with plans devised by the municipality or its recreation board after consultation with the volunteers. Acts 1993, ch. 256, § 2.
The governing body of any municipality or the recreation board or commission, as appropriate, may enter into formal agreements with business and civic groups and individuals for volunteer services to maintain and make improvements to real and personal property in municipal parks in accordance with plans devised by the municipality or its recreation board after consultation with the volunteers.
Acts 1993, ch. 256, § 2.
Tenn. Code Ann. § 11-23-103 — TN Code / Title 11 / Chapter 23 / Section 11-23-103
Rules and provisions for administration and maintenance
Status: in_force

Upon the acquisition of any forests or of lands suitable for such under this chapter, the governing body shall notify the state forester who shall make such rules for the government and proper administration of the same as may be necessary. The governing body shall thereupon publish such rules, declare the uses of the forest in accord with the true intent hereof and make such provisions for its administration, maintenance, protection and development as shall be necessary or expedient. Acts 1941, ch. 105, § 3; C. Supp. 1950, § 630.30 (Williams, §630.25c); T.C.A. (orig. ed.), § 11-703.
Upon the acquisition of any forests or of lands suitable for such under this chapter, the governing body shall notify the state forester who shall make such rules for the government and proper administration of the same as may be necessary. The governing body shall thereupon publish such rules, declare the uses of the forest in accord with the true intent hereof and make such provisions for its administration, maintenance, protection and development as shall be necessary or expedient.
Acts 1941, ch. 105, § 3; C. Supp. 1950, § 630.30 (Williams, §630.25c); T.C.A. (orig. ed.), § 11-703.
Tenn. Code Ann. § 11-24-106 — TN Code / Title 11 / Chapter 24 / Section 11-24-106
Gifts of property for recreational purposes - Expenditure of funds
Status: in_force

A recreation board or commission or other authority in which this part vests the power to provide, establish, maintain and conduct such supervised recreation system may accept any grant or devise of real estate or any gift or bequest of money or other personal property or any donation to be applied, principal or income, for either temporary or permanent use for playgrounds or recreation purposes, but if the acceptance thereof for such purpose will subject the municipality to additional expense for improvement, maintenance or renewal, the acceptance of any grant or devise of real estate shall be subject to the approval of the governing body of such municipality. Money received for such purpose, unless otherwise provided by the terms of the gift or bequest, shall be deposited with the treasurer of the municipality to the account of the recreation board or other body having charge of such work, and the same may be withdrawn and paid out in the same manner as money appropriated for recreational purposes. Acts 1937, ch. 307, § 6; C. Supp. 1950, § 3516.6; T.C.A. (orig. ed.), § 11-906.
A recreation board or commission or other authority in which this part vests the power to provide, establish, maintain and conduct such supervised recreation system may accept any grant or devise of real estate or any gift or bequest of money or other personal property or any donation to be applied, principal or income, for either temporary or permanent use for playgrounds or recreation purposes, but if the acceptance thereof for such purpose will subject the municipality to additional expense for improvement, maintenance or renewal, the acceptance of any grant or devise of real estate shall be subject to the approval of the governing body of such municipality. Money received for such purpose, unless otherwise provided by the terms of the gift or bequest, shall be deposited with the treasurer of the municipality to the account of the recreation board or other body having charge of such work, and the same may be withdrawn and paid out in the same manner as money appropriated for recreational purposes.
Acts 1937, ch. 307, § 6; C. Supp. 1950, § 3516.6; T.C.A. (orig. ed.), § 11-906.
Tenn. Code Ann. § 11-1-102 — TN Code / Title 11 / Chapter 1 / Section 11-1-102
Records and equipment of various divisions kept by department
Status: in_force

(a) All records, equipment and properties of the division of geology and the former Tennessee state park and forestry commission shall be kept in the department of environment and conservation. (b) All records, equipment and properties of the division of forestry shall be kept in the department of agriculture. (c) Notwithstanding any law to the contrary, the following records as defined by § 10-7-503 of any division of the department of environment and conservation shall be confidential and shall not be open for inspection by members of the public: (1) Concerning radioactive materials regulated by the United States nuclear regulatory commission or by a state under an agreement with the nuclear regulatory commission pursuant to § 274(b) of the Atomic Energy Act ( 42 U.S.C. § 2021(b) ), that are not available to the public under federal law, regulation, or guidance, or nuclear regulatory commission regulatory issue summary; provided, that records made confidential pursuant to this subdivision (c)(1) may be redacted whenever possible and made open for inspection and copying; (2) Disclosing the specific location of threatened, endangered, or rare species that would not be available to the public under the federal law or regulation; (3) (A) Relating to a guest's use of state parks, including a state park guest's: (i) Name; (ii) Home or mobile telephone number; (iii) Address, including the street address or post office box number, city, state, and zip code; (iv) Social security number; (v) Email address; (vi) Reservation, rescheduling, and cancellation information; (vii) Transaction information, including but not limited to purchases of goods or services; provided, however, that this subdivision (c)(3)(A)(vii) does not apply to aggregated statistical information that does not contain personally identifying information; (viii) Payment and refund information, including, but not limited to, bank account, credit card, and gift certificate or gift card information; (ix) Driver license information; (x) Vehicle registrations, including, but not limited to, automobiles, boats, and off-highway vehicles; and (xi) Emergency contact information; (B) Nothing in subdivision (c)(3)(A) limits: (i) Access to information made confidential pursuant to subdivision (c)(3)(A): (a) By law enforcement agencies, courts, or other governmental agencies performing official functions; (b) When a guest expressly authorizes the release of such information; or (c) By a person seeking a report of a motor vehicle accident in accordance with § 10-7-504(a)(31)(B) ; or (ii) The creation and release of an internal investigation report to persons identified within the report, unless the report is subject to a legal privilege against disclosure; or (4) Containing information regarding the specific location of a site or artifact if the commissioner or the commissioner's designee determines that disclosure of such records would create a substantial risk of damage to or destruction of either the historical value of such site or artifact or private property. For purposes of this subdivision (c)(4), "site" and "artifact" have the same meaning as defined in § 11-6-102 . Amended by 2023 Tenn. Acts, ch. 26, Secs.s 1, s 2eff. 3/10/2023. Amended by 2018 Tenn. Acts, ch. 630, Secs.s 1, s 2eff. 4/2/2018. Amended by 2017 Tenn. Acts, ch. 125, s 1, eff. 4/12/2017. Acts 1937, ch. 33, § 70-a; 1949, ch. 283, § 1; C. Supp. 1950, § 255.64 (Williams, § 255.74); impl. am. Acts 1959, ch. 9, §11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-102; Acts 1992, ch. 693, §10; 2007 , ch. 198, § 1.
(a) All records, equipment and properties of the division of geology and the former Tennessee state park and forestry commission shall be kept in the department of environment and conservation.
(b) All records, equipment and properties of the division of forestry shall be kept in the department of agriculture.
(c) Notwithstanding any law to the contrary, the following records as defined by § 10-7-503 of any division of the department of environment and conservation shall be confidential and shall not be open for inspection by members of the public: (1) Concerning radioactive materials regulated by the United States nuclear regulatory commission or by a state under an agreement with the nuclear regulatory commission pursuant to § 274(b) of the Atomic Energy Act ( 42 U.S.C. § 2021(b) ), that are not available to the public under federal law, regulation, or guidance, or nuclear regulatory commission regulatory issue summary; provided, that records made confidential pursuant to this subdivision (c)(1) may be redacted whenever possible and made open for inspection and copying; (2) Disclosing the specific location of threatened, endangered, or rare species that would not be available to the public under the federal law or regulation; (3) (A) Relating to a guest's use of state parks, including a state park guest's: (i) Name; (ii) Home or mobile telephone number; (iii) Address, including the street address or post office box number, city, state, and zip code; (iv) Social security number; (v) Email address; (vi) Reservation, rescheduling, and cancellation information; (vii) Transaction information, including but not limited to purchases of goods or services; provided, however, that this subdivision (c)(3)(A)(vii) does not apply to aggregated statistical information that does not contain personally identifying information; (viii) Payment and refund information, including, but not limited to, bank account, credit card, and gift certificate or gift card information; (ix) Driver license information; (x) Vehicle registrations, including, but not limited to, automobiles, boats, and off-highway vehicles; and (xi) Emergency contact information; (B) Nothing in subdivision (c)(3)(A) limits: (i) Access to information made confidential pursuant to subdivision (c)(3)(A): (a) By law enforcement agencies, courts, or other governmental agencies performing official functions; (b) When a guest expressly authorizes the release of such information; or (c) By a person seeking a report of a motor vehicle accident in accordance with § 10-7-504(a)(31)(B) ; or (ii) The creation and release of an internal investigation report to persons identified within the report, unless the report is subject to a legal privilege against disclosure; or (4) Containing information regarding the specific location of a site or artifact if the commissioner or the commissioner's designee determines that disclosure of such records would create a substantial risk of damage to or destruction of either the historical value of such site or artifact or private property. For purposes of this subdivision (c)(4), "site" and "artifact" have the same meaning as defined in § 11-6-102 .
(1) Concerning radioactive materials regulated by the United States nuclear regulatory commission or by a state under an agreement with the nuclear regulatory commission pursuant to § 274(b) of the Atomic Energy Act ( 42 U.S.C. § 2021(b) ), that are not available to the public under federal law, regulation, or guidance, or nuclear regulatory commission regulatory issue summary; provided, that records made confidential pursuant to this subdivision (c)(1) may be redacted whenever possible and made open for inspection and copying;
(2) Disclosing the specific location of threatened, endangered, or rare species that would not be available to the public under the federal law or regulation;
(3) (A) Relating to a guest's use of state parks, including a state park guest's: (i) Name; (ii) Home or mobile telephone number; (iii) Address, including the street address or post office box number, city, state, and zip code; (iv) Social security number; (v) Email address; (vi) Reservation, rescheduling, and cancellation information; (vii) Transaction information, including but not limited to purchases of goods or services; provided, however, that this subdivision (c)(3)(A)(vii) does not apply to aggregated statistical information that does not contain personally identifying information; (viii) Payment and refund information, including, but not limited to, bank account, credit card, and gift certificate or gift card information; (ix) Driver license information; (x) Vehicle registrations, including, but not limited to, automobiles, boats, and off-highway vehicles; and (xi) Emergency contact information; (B) Nothing in subdivision (c)(3)(A) limits: (i) Access to information made confidential pursuant to subdivision (c)(3)(A): (a) By law enforcement agencies, courts, or other governmental agencies performing official functions; (b) When a guest expressly authorizes the release of such information; or (c) By a person seeking a report of a motor vehicle accident in accordance with § 10-7-504(a)(31)(B) ; or (ii) The creation and release of an internal investigation report to persons identified within the report, unless the report is subject to a legal privilege against disclosure; or
(A) Relating to a guest's use of state parks, including a state park guest's: (i) Name; (ii) Home or mobile telephone number; (iii) Address, including the street address or post office box number, city, state, and zip code; (iv) Social security number; (v) Email address; (vi) Reservation, rescheduling, and cancellation information; (vii) Transaction information, including but not limited to purchases of goods or services; provided, however, that this subdivision (c)(3)(A)(vii) does not apply to aggregated statistical information that does not contain personally identifying information; (viii) Payment and refund information, including, but not limited to, bank account, credit card, and gift certificate or gift card information; (ix) Driver license information; (x) Vehicle registrations, including, but not limited to, automobiles, boats, and off-highway vehicles; and (xi) Emergency contact information;
(i) Name;
(ii) Home or mobile telephone number;
(iii) Address, including the street address or post office box number, city, state, and zip code;
(iv) Social security number;
(v) Email address;
(vi) Reservation, rescheduling, and cancellation information;
(vii) Transaction information, including but not limited to purchases of goods or services; provided, however, that this subdivision (c)(3)(A)(vii) does not apply to aggregated statistical information that does not contain personally identifying information;
(viii) Payment and refund information, including, but not limited to, bank account, credit card, and gift certificate or gift card information;
(ix) Driver license information;
(x) Vehicle registrations, including, but not limited to, automobiles, boats, and off-highway vehicles; and
(xi) Emergency contact information;
(B) Nothing in subdivision (c)(3)(A) limits: (i) Access to information made confidential pursuant to subdivision (c)(3)(A): (a) By law enforcement agencies, courts, or other governmental agencies performing official functions; (b) When a guest expressly authorizes the release of such information; or (c) By a person seeking a report of a motor vehicle accident in accordance with § 10-7-504(a)(31)(B) ; or (ii) The creation and release of an internal investigation report to persons identified within the report, unless the report is subject to a legal privilege against disclosure; or
(i) Access to information made confidential pursuant to subdivision (c)(3)(A): (a) By law enforcement agencies, courts, or other governmental agencies performing official functions; (b) When a guest expressly authorizes the release of such information; or (c) By a person seeking a report of a motor vehicle accident in accordance with § 10-7-504(a)(31)(B) ; or
(a) By law enforcement agencies, courts, or other governmental agencies performing official functions;
(b) When a guest expressly authorizes the release of such information; or
(c) By a person seeking a report of a motor vehicle accident in accordance with § 10-7-504(a)(31)(B) ; or
(ii) The creation and release of an internal investigation report to persons identified within the report, unless the report is subject to a legal privilege against disclosure; or
(4) Containing information regarding the specific location of a site or artifact if the commissioner or the commissioner's designee determines that disclosure of such records would create a substantial risk of damage to or destruction of either the historical value of such site or artifact or private property. For purposes of this subdivision (c)(4), "site" and "artifact" have the same meaning as defined in § 11-6-102 .
Amended by 2023 Tenn. Acts, ch. 26, Secs.s 1, s 2eff. 3/10/2023.
Amended by 2018 Tenn. Acts, ch. 630, Secs.s 1, s 2eff. 4/2/2018.
Amended by 2017 Tenn. Acts, ch. 125, s 1, eff. 4/12/2017.
Acts 1937, ch. 33, § 70-a; 1949, ch. 283, § 1; C. Supp. 1950, § 255.64 (Williams, § 255.74); impl. am. Acts 1959, ch. 9, §11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-102; Acts 1992, ch. 693, §10; 2007 , ch. 198, § 1.
Tenn. Code Ann. § 11-21-108 — TN Code / Title 11 / Chapter 21 / Section 11-21-108
Use of school buildings, grounds or equipment
Status: in_force

(a) Any county board of education or the governing body of any special school district may grant the use of any buildings, grounds, or equipment of the district to any county conservation board for the purpose of carrying out this chapter whenever such use of the school buildings, grounds or equipment for such purposes will not interfere with the use of the buildings, grounds, and equipment for any purpose of the public school system. (b) The departments of environment and conservation and education shall assist county conservation boards with a positive program of technical advice so as to assure that school officials and county conservation boards cooperate in making school facilities available for recreational purposes. In providing this service, such departments shall work cooperatively with the Tennessee School Boards Association and the Tennessee Parks and Recreation Association. All state and local officials working in furtherance of this subsection (b) shall take due notice of the model Tennessee agreement between school boards and parks and recreation agencies as jointly published by the Tennessee School Boards Association and the Tennessee Parks and Recreation Association and as this document may be, from time to time, amended. A current copy of this document with amendments shall be kept on file in the office of the parks and recreation technical advisory service. Acts 1961, ch. 213, § 8; T.C.A., § 11-1108; Acts 1989, ch. 23, § 2.
(a) Any county board of education or the governing body of any special school district may grant the use of any buildings, grounds, or equipment of the district to any county conservation board for the purpose of carrying out this chapter whenever such use of the school buildings, grounds or equipment for such purposes will not interfere with the use of the buildings, grounds, and equipment for any purpose of the public school system.
(b) The departments of environment and conservation and education shall assist county conservation boards with a positive program of technical advice so as to assure that school officials and county conservation boards cooperate in making school facilities available for recreational purposes. In providing this service, such departments shall work cooperatively with the Tennessee School Boards Association and the Tennessee Parks and Recreation Association. All state and local officials working in furtherance of this subsection (b) shall take due notice of the model Tennessee agreement between school boards and parks and recreation agencies as jointly published by the Tennessee School Boards Association and the Tennessee Parks and Recreation Association and as this document may be, from time to time, amended. A current copy of this document with amendments shall be kept on file in the office of the parks and recreation technical advisory service.
Acts 1961, ch. 213, § 8; T.C.A., § 11-1108; Acts 1989, ch. 23, § 2.
Tenn. Code Ann. § 11-3-307 — TN Code / Title 11 / Chapter 3 / Section 11-3-307
Use of unexpended balances of appropriations
Status: in_force

Any unexpended balances of appropriations not otherwise addressed in this part that are set out for the purposes of defraying the operational expenses of state parks and state parks modernization shall not revert to the general fund and may be applied for such purposes in an appropriate manner as determined by the commissioner of environment and conservation. Added by 2022 Tenn. Acts, ch. 921,s 4, eff. 4/27/2022.
Any unexpended balances of appropriations not otherwise addressed in this part that are set out for the purposes of defraying the operational expenses of state parks and state parks modernization shall not revert to the general fund and may be applied for such purposes in an appropriate manner as determined by the commissioner of environment and conservation.
Added by 2022 Tenn. Acts, ch. 921,s 4, eff. 4/27/2022.
Tenn. Code Ann. § 11-14-306 — TN Code / Title 11 / Chapter 14 / Section 11-14-306
Investments - Separate account - Protection of fund
Status: in_force

(a) Funds in the natural resources trust fund established by this part shall be invested by the state treasurer pursuant to policy guidelines, established by resolution of the funding board, created by § 9-9-101 . The funding board shall establish the policy guidelines for investment of the natural resources trust fund in any manner which is lawful for the investment of state funds. (b) The state treasurer shall establish a separate natural resources trust fund account and shall annually transfer all interest and other earnings of the trust fund into the account, which shall be available for expenditure pursuant to § 11-14-307 . The state treasurer shall withhold from the interest and other income of the trust fund such an amount as is necessary to protect the trust fund from inflation based on an appropriate inflation index to be selected by the state funding board. Funds withheld to protect the trust from inflation pursuant to this subsection (b) shall become a part of the corpus of the trust fund. Acts 1985, ch. 189, § 6.
(a) Funds in the natural resources trust fund established by this part shall be invested by the state treasurer pursuant to policy guidelines, established by resolution of the funding board, created by § 9-9-101 . The funding board shall establish the policy guidelines for investment of the natural resources trust fund in any manner which is lawful for the investment of state funds.
(b) The state treasurer shall establish a separate natural resources trust fund account and shall annually transfer all interest and other earnings of the trust fund into the account, which shall be available for expenditure pursuant to § 11-14-307 . The state treasurer shall withhold from the interest and other income of the trust fund such an amount as is necessary to protect the trust fund from inflation based on an appropriate inflation index to be selected by the state funding board. Funds withheld to protect the trust from inflation pursuant to this subsection (b) shall become a part of the corpus of the trust fund.
Acts 1985, ch. 189, § 6.
Tenn. Code Ann. § 11-11-104 — TN Code / Title 11 / Chapter 11 / Section 11-11-104
Composition of system
Status: in_force

The system shall be composed of: (1) State scenic trails, which will be extended trails so located as to provide maximum potential for the appreciation of natural areas and for the conservation and enjoyment of the significant scenic, historic, natural, ecological, geological or cultural qualities of the areas through which such trails may pass. Each of these trails will be limited exclusively to foot use, except that the use by horses or nonmotorized bicycles may also be permitted on segments of scenic trails where deemed appropriate by the department. Because of their extended length, the state scenic trails shall be supplemented by support facilities located only on that part of a trail which is in a state park, recreation area or wildlife management area. Such support facilities may include, where deemed necessary and feasible, primitive shelters, fireplaces, safe water supply, and other related public use facilities. These facilities shall concur with department standards. No open wood fires shall be permitted on state scenic trails except in areas with support facilities specifically designated for such purpose; (2) State recreation trails, which will provide a variety of outdoor recreation uses in or reasonably accessible to urban areas. These trails may be of the following types: (A) Foot; (B) Horse; or (C) Nonmotorized bicycles; and (3) Connecting or side trails, which will provide additional points of public access to state recreation or state scenic trails or which will provide connections between such trails. They shall be of the nature of the trails they serve. Acts 1971, ch. 103, § 4; T.C.A., § 11-1604.
The system shall be composed of:
(1) State scenic trails, which will be extended trails so located as to provide maximum potential for the appreciation of natural areas and for the conservation and enjoyment of the significant scenic, historic, natural, ecological, geological or cultural qualities of the areas through which such trails may pass. Each of these trails will be limited exclusively to foot use, except that the use by horses or nonmotorized bicycles may also be permitted on segments of scenic trails where deemed appropriate by the department. Because of their extended length, the state scenic trails shall be supplemented by support facilities located only on that part of a trail which is in a state park, recreation area or wildlife management area. Such support facilities may include, where deemed necessary and feasible, primitive shelters, fireplaces, safe water supply, and other related public use facilities. These facilities shall concur with department standards. No open wood fires shall be permitted on state scenic trails except in areas with support facilities specifically designated for such purpose;
(2) State recreation trails, which will provide a variety of outdoor recreation uses in or reasonably accessible to urban areas. These trails may be of the following types: (A) Foot; (B) Horse; or (C) Nonmotorized bicycles; and
(A) Foot;
(B) Horse; or
(C) Nonmotorized bicycles; and
(3) Connecting or side trails, which will provide additional points of public access to state recreation or state scenic trails or which will provide connections between such trails. They shall be of the nature of the trails they serve.
Acts 1971, ch. 103, § 4; T.C.A., § 11-1604.
Tenn. Code Ann. § 11-24-103 — TN Code / Title 11 / Chapter 24 / Section 11-24-103
Operation and maintenance of parks, and recreational facilities and programs
Status: in_force

(a) A municipality has the power to operate and maintain parks and recreation facilities and to conduct recreation programs. This power includes the power to appropriate funds for these purposes. (b) A municipality shall use one (1) and only one (1) of the following methods to operate and maintain parks and recreation facilities and to conduct recreation programs: (1) The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be retained by the governing body of a municipality and in that case there may be a recreation advisory board or boards. If an advisory board or boards are created, they shall be so named and shall be created by ordinance. The affairs of advisory boards shall be conducted in a manner determined by the governing body of the municipality. Advisory boards shall not be responsible for the supervision of staff, the hiring or dismissal of staff, the expenditure of public funds or the promulgation or enforcement of rules and regulations governing parks and recreation facilities or programs. However, advisory boards may advise the governing body of the municipality on any of these matters and act on behalf of the governing body, on a case by case basis, if so authorized by the governing body; (2) The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be delegated by the governing body of a municipality to a parks and recreation board as permitted by § 11-24-104(a) ; and (3) The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be delegated by the governing body of a municipality to a joint board or authority as permitted by § 11-24-105 . (c) A municipality may employ a parks and recreation director and any other supervisory or maintenance staff as it deems proper. The director shall be qualified by education and experience and be of good moral character. (d) Nothing in this section shall be interpreted as abolishing or limiting the powers or authority of local parks and recreation boards or special boards of trustees with responsibility for park properties pursuant to existing state law. (e) Notwithstanding chapter 21 of this title, or any other law to the contrary, if by resolution or ordinance a county legislative body selects one of the methods enumerated in subsection (b) to manage county parks and recreation facilities and programs, then chapter 21 shall not apply within the county until such resolution or ordinance is superseded or repealed. Acts 1937, ch. 307, § 3; C. Supp. 1950, § 3516.3; T.C.A. (orig. ed.), § 11-903; Acts 1985, ch. 133, § 1; 2000, ch. 857, § 1.
(a) A municipality has the power to operate and maintain parks and recreation facilities and to conduct recreation programs. This power includes the power to appropriate funds for these purposes.
(b) A municipality shall use one (1) and only one (1) of the following methods to operate and maintain parks and recreation facilities and to conduct recreation programs: (1) The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be retained by the governing body of a municipality and in that case there may be a recreation advisory board or boards. If an advisory board or boards are created, they shall be so named and shall be created by ordinance. The affairs of advisory boards shall be conducted in a manner determined by the governing body of the municipality. Advisory boards shall not be responsible for the supervision of staff, the hiring or dismissal of staff, the expenditure of public funds or the promulgation or enforcement of rules and regulations governing parks and recreation facilities or programs. However, advisory boards may advise the governing body of the municipality on any of these matters and act on behalf of the governing body, on a case by case basis, if so authorized by the governing body; (2) The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be delegated by the governing body of a municipality to a parks and recreation board as permitted by § 11-24-104(a) ; and (3) The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be delegated by the governing body of a municipality to a joint board or authority as permitted by § 11-24-105 .
(1) The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be retained by the governing body of a municipality and in that case there may be a recreation advisory board or boards. If an advisory board or boards are created, they shall be so named and shall be created by ordinance. The affairs of advisory boards shall be conducted in a manner determined by the governing body of the municipality. Advisory boards shall not be responsible for the supervision of staff, the hiring or dismissal of staff, the expenditure of public funds or the promulgation or enforcement of rules and regulations governing parks and recreation facilities or programs. However, advisory boards may advise the governing body of the municipality on any of these matters and act on behalf of the governing body, on a case by case basis, if so authorized by the governing body;
(2) The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be delegated by the governing body of a municipality to a parks and recreation board as permitted by § 11-24-104(a) ; and
(3) The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be delegated by the governing body of a municipality to a joint board or authority as permitted by § 11-24-105 .
(c) A municipality may employ a parks and recreation director and any other supervisory or maintenance staff as it deems proper. The director shall be qualified by education and experience and be of good moral character.
(d) Nothing in this section shall be interpreted as abolishing or limiting the powers or authority of local parks and recreation boards or special boards of trustees with responsibility for park properties pursuant to existing state law.
(e) Notwithstanding chapter 21 of this title, or any other law to the contrary, if by resolution or ordinance a county legislative body selects one of the methods enumerated in subsection (b) to manage county parks and recreation facilities and programs, then chapter 21 shall not apply within the county until such resolution or ordinance is superseded or repealed.
Acts 1937, ch. 307, § 3; C. Supp. 1950, § 3516.3; T.C.A. (orig. ed.), § 11-903; Acts 1985, ch. 133, § 1; 2000, ch. 857, § 1.
Tenn. Code Ann. § 11-3-204 — TN Code / Title 11 / Chapter 3 / Section 11-3-204
Activities
Status: in_force

A citizen support organization which enters into an agreement with the commissioner may provide support, assistance or cooperation to a specific park or to the park system in general, including, but not limited to: (1) The provision of educational or interpretative material for sale; (2) The provision of exhibits and materials for display and related equipment and material; (3) The provision of financial support, whether through donation, gift or otherwise, for park programs, property or other park purposes; (4) The provision of volunteer personnel services or monetary contributions for adding state positions for park services; (5) The provision of equipment or other goods; and (6) The gift or donation of money to fund programs and exhibits or to procure equipment, materials, books or services. Acts 1993, ch. 40, § 4.
A citizen support organization which enters into an agreement with the commissioner may provide support, assistance or cooperation to a specific park or to the park system in general, including, but not limited to:
(1) The provision of educational or interpretative material for sale;
(2) The provision of exhibits and materials for display and related equipment and material;
(3) The provision of financial support, whether through donation, gift or otherwise, for park programs, property or other park purposes;
(4) The provision of volunteer personnel services or monetary contributions for adding state positions for park services;
(5) The provision of equipment or other goods; and
(6) The gift or donation of money to fund programs and exhibits or to procure equipment, materials, books or services.
Acts 1993, ch. 40, § 4.
Tenn. Code Ann. § 11-7-110 — TN Code / Title 11 / Chapter 7 / Section 11-7-110
Executive director
Status: in_force

(a) In carrying out the purposes of the trust fund, the commissioner of environment and conservation is authorized to appoint an executive director to carry out this chapter. (b) The commissioner of environment and conservation shall set the salary for the executive director. (c) The executive director may hire other staff necessary to carry out this chapter. Acts 2012, ch. 986, § 25.
(a) In carrying out the purposes of the trust fund, the commissioner of environment and conservation is authorized to appoint an executive director to carry out this chapter.
(b) The commissioner of environment and conservation shall set the salary for the executive director.
(c) The executive director may hire other staff necessary to carry out this chapter.
Acts 2012, ch. 986, § 25.
Tenn. Code Ann. § 11-15-108 — TN Code / Title 11 / Chapter 15 / Section 11-15-108
Cancellation
Status: in_force

(a) If the current owner of any land on which an open space easement is in effect wishes to cancel the easement, such owner shall notify the commissioner of the owner's request in writing at least ninety (90) days in advance of the proposed date of cancellation. (b) The commissioner shall cancel the easement on behalf of the state only if all of the following conditions are met: (1) The easement has been in effect for a period of at least ten (10) years; (2) The commissioner determines that the open space is not needed in that location and that the public interest would be better served by the cancellation of the easement; (3) The appropriate planning commission having jurisdiction over the land in question adopts a resolution stating that the open space is not needed in that location and that the public interest would be better served by the cancellation of the easement; (4) The commissioner finds that there exists no overriding state concern to maintain such open space; and (5) The owner has paid to the county and municipality in which the land is situated an amount equal to the difference between the taxes actually paid during the ten (10) preceding years and the taxes computed during the ten (10) preceding years on the basis of fair market value and classification of the land as if the easement had not existed, as provided for in § 67-5-1009 . (c) The commissioner, upon determining that all five (5) of the conditions in subsection (b) have been satisfied, shall cancel the easement on behalf of the state and shall duly notify the register of deeds and the assessors of property for the county and municipality in which the land is situated. Acts 1976, ch. 782, § 11; T.C.A., § 11-1808.
(a) If the current owner of any land on which an open space easement is in effect wishes to cancel the easement, such owner shall notify the commissioner of the owner's request in writing at least ninety (90) days in advance of the proposed date of cancellation.
(b) The commissioner shall cancel the easement on behalf of the state only if all of the following conditions are met: (1) The easement has been in effect for a period of at least ten (10) years; (2) The commissioner determines that the open space is not needed in that location and that the public interest would be better served by the cancellation of the easement; (3) The appropriate planning commission having jurisdiction over the land in question adopts a resolution stating that the open space is not needed in that location and that the public interest would be better served by the cancellation of the easement; (4) The commissioner finds that there exists no overriding state concern to maintain such open space; and (5) The owner has paid to the county and municipality in which the land is situated an amount equal to the difference between the taxes actually paid during the ten (10) preceding years and the taxes computed during the ten (10) preceding years on the basis of fair market value and classification of the land as if the easement had not existed, as provided for in § 67-5-1009 .
(1) The easement has been in effect for a period of at least ten (10) years;
(2) The commissioner determines that the open space is not needed in that location and that the public interest would be better served by the cancellation of the easement;
(3) The appropriate planning commission having jurisdiction over the land in question adopts a resolution stating that the open space is not needed in that location and that the public interest would be better served by the cancellation of the easement;
(4) The commissioner finds that there exists no overriding state concern to maintain such open space; and
(5) The owner has paid to the county and municipality in which the land is situated an amount equal to the difference between the taxes actually paid during the ten (10) preceding years and the taxes computed during the ten (10) preceding years on the basis of fair market value and classification of the land as if the easement had not existed, as provided for in § 67-5-1009 .
(c) The commissioner, upon determining that all five (5) of the conditions in subsection (b) have been satisfied, shall cancel the easement on behalf of the state and shall duly notify the register of deeds and the assessors of property for the county and municipality in which the land is situated.
Acts 1976, ch. 782, § 11; T.C.A., § 11-1808.
Tenn. Code Ann. § 11-1-109 — TN Code / Title 11 / Chapter 1 / Section 11-1-109
Violation of rules and regulations punishable as misdemeanor
Status: in_force

(a) Any violation of rules and regulations for the care and management of such properties as may be made under the authority of § 11-1-108 is a Class C misdemeanor. (b) In addition to the criminal penalty in subsection (a), the general assembly finds that it is appropriate that there be civil sanctions as well. Any person who does any of the following acts or omissions is subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs: (1) Any damage or vandalism to any state park; (2) The intentional removal or destruction in state parks of any rare, threatened or endangered species of plants as provided in §§ 70-8-304(2) and 70-8-305 , and in all rules and regulations promulgated pursuant to those sections; or (3) Any other violation of this part or the rules promulgated under this part. (c) The commissioner, through the attorney general and reporter, may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation occurred, in the name of the department. In any such action, the commissioner may also recover, in addition to the civil penalty assessed under subsections (b) and (d), for any damages to the state parks that were the result of the activity. (d) In assessing the civil penalty, the court may consider the following factors: (1) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (2) Damages to the state park, including compensation for loss or destruction of any part of the area, resulting from the violation, as well as expenses involved in enforcing this section and the costs involved in rectifying any damage; (3) The cause of the violation; and (4) Any economic benefit gained by the violator. (e) Any civil penalties paid to the state pursuant to this section shall be deposited in the state park fund created by § 11-3-302 . (f) No provision of this section shall be construed to restrict the state from recovering civil damages to state property as provided by law. Acts 1925, ch. 55, § 5; Shan. Supp., § 3047a5; Code 1932, §5200; T.C.A. (orig. ed.), § 11-109; Acts 1989, ch. 591, §113; 2007 , ch. 486, § 1.
(a) Any violation of rules and regulations for the care and management of such properties as may be made under the authority of § 11-1-108 is a Class C misdemeanor.
(b) In addition to the criminal penalty in subsection (a), the general assembly finds that it is appropriate that there be civil sanctions as well. Any person who does any of the following acts or omissions is subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs: (1) Any damage or vandalism to any state park; (2) The intentional removal or destruction in state parks of any rare, threatened or endangered species of plants as provided in §§ 70-8-304(2) and 70-8-305 , and in all rules and regulations promulgated pursuant to those sections; or (3) Any other violation of this part or the rules promulgated under this part.
(1) Any damage or vandalism to any state park;
(2) The intentional removal or destruction in state parks of any rare, threatened or endangered species of plants as provided in §§ 70-8-304(2) and 70-8-305 , and in all rules and regulations promulgated pursuant to those sections; or
(3) Any other violation of this part or the rules promulgated under this part.
(c) The commissioner, through the attorney general and reporter, may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation occurred, in the name of the department. In any such action, the commissioner may also recover, in addition to the civil penalty assessed under subsections (b) and (d), for any damages to the state parks that were the result of the activity.
(d) In assessing the civil penalty, the court may consider the following factors: (1) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (2) Damages to the state park, including compensation for loss or destruction of any part of the area, resulting from the violation, as well as expenses involved in enforcing this section and the costs involved in rectifying any damage; (3) The cause of the violation; and (4) Any economic benefit gained by the violator.
(1) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
(2) Damages to the state park, including compensation for loss or destruction of any part of the area, resulting from the violation, as well as expenses involved in enforcing this section and the costs involved in rectifying any damage;
(3) The cause of the violation; and
(4) Any economic benefit gained by the violator.
(e) Any civil penalties paid to the state pursuant to this section shall be deposited in the state park fund created by § 11-3-302 .
(f) No provision of this section shall be construed to restrict the state from recovering civil damages to state property as provided by law.
Acts 1925, ch. 55, § 5; Shan. Supp., § 3047a5; Code 1932, §5200; T.C.A. (orig. ed.), § 11-109; Acts 1989, ch. 591, §113; 2007 , ch. 486, § 1.
Tenn. Code Ann. § 11-11-205 — TN Code / Title 11 / Chapter 11 / Section 11-11-205
Liability - Warning notices - Limitations
Status: in_force

(a) Unless an adventure tourism professional or business acts intentionally or with gross negligence or is in violation of this part, or any other laws, ordinances, resolutions, rules or regulations pertaining to adventure tourism, which intentional or grossly negligent act or omission or violation is causal of the injury complained of, no action shall lie against any such professional or business by any adventure tourism activity participant or representative of an adventure tourism activity participant; this prohibition shall not, however, prevent the maintenance of an action against an adventure tourism professional or business for negligent design, construction or operation maintenance. (b) Each adventure tourism professional or business shall maintain general liability insurance with limits of not less than one million dollars ($1,000,000) per occurrence. (c) Each adventure tourism professional or business shall post and maintain signs that contain the warning notice specified in subsection (d). The signs shall be placed in clearly visible locations at such businesses. The warning notice specified in subsection (d) shall appear on the sign in black letters, with each letter to be a minimum of one inch (1") in height. In addition to any other waivers or warnings signed by participants, every written contract entered into by an adventure tourism professional or business for the providing of professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves activities on or off the location or site of the adventure tourism professional's business, shall contain in clearly readable print the warning notice specified in subsection (d). (d) The signs and contracts described in subsection (c) shall contain the following warning notice: Under Tennessee Law, an adventure tourism professional is not liable for an injury to or the death of a participant in adventure tourism activities resulting from the inherent risks of such activities, pursuant to Tennessee Code Annotated, title 11, chapter 11. The State of Tennessee is held harmless for any act of approval of an adventure tourism business. State approval is limited to determining eligibility for tax credits only. (e) No action shall be maintained against an adventure tourism professional or business complying with this section unless such action is commenced within one (1) year from the date of injury. Amended by 2013 Tenn. Acts, ch. 378,s 3, eff. 5/14/2013. Acts 2011, ch. 383, § 1.
(a) Unless an adventure tourism professional or business acts intentionally or with gross negligence or is in violation of this part, or any other laws, ordinances, resolutions, rules or regulations pertaining to adventure tourism, which intentional or grossly negligent act or omission or violation is causal of the injury complained of, no action shall lie against any such professional or business by any adventure tourism activity participant or representative of an adventure tourism activity participant; this prohibition shall not, however, prevent the maintenance of an action against an adventure tourism professional or business for negligent design, construction or operation maintenance.
(b) Each adventure tourism professional or business shall maintain general liability insurance with limits of not less than one million dollars ($1,000,000) per occurrence.
(c) Each adventure tourism professional or business shall post and maintain signs that contain the warning notice specified in subsection (d). The signs shall be placed in clearly visible locations at such businesses. The warning notice specified in subsection (d) shall appear on the sign in black letters, with each letter to be a minimum of one inch (1") in height. In addition to any other waivers or warnings signed by participants, every written contract entered into by an adventure tourism professional or business for the providing of professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves activities on or off the location or site of the adventure tourism professional's business, shall contain in clearly readable print the warning notice specified in subsection (d).
(d) The signs and contracts described in subsection (c) shall contain the following warning notice: Under Tennessee Law, an adventure tourism professional is not liable for an injury to or the death of a participant in adventure tourism activities resulting from the inherent risks of such activities, pursuant to Tennessee Code Annotated, title 11, chapter 11. The State of Tennessee is held harmless for any act of approval of an adventure tourism business. State approval is limited to determining eligibility for tax credits only.
Under Tennessee Law, an adventure tourism professional is not liable for an injury to or the death of a participant in adventure tourism activities resulting from the inherent risks of such activities, pursuant to Tennessee Code Annotated, title 11, chapter 11.
The State of Tennessee is held harmless for any act of approval of an adventure tourism business. State approval is limited to determining eligibility for tax credits only.
(e) No action shall be maintained against an adventure tourism professional or business complying with this section unless such action is commenced within one (1) year from the date of injury.
Amended by 2013 Tenn. Acts, ch. 378,s 3, eff. 5/14/2013.
Acts 2011, ch. 383, § 1.
Tenn. Code Ann. § 11-2-107 — TN Code / Title 11 / Chapter 2 / Section 11-2-107
Repealed
Status: repealed

Acts 1953, ch. 248, § 7 (Williams, § 255.75n); impl. am. Acts 1974, ch. 481, §§ 4, 6; T.C.A. (orig. ed.), §11-207; repealed by Acts 2012 , ch. 986, § 23, effective 10/1/2012.
Tenn. Code Ann. § 11-2-105 — TN Code / Title 11 / Chapter 2 / Section 11-2-105
Repealed
Status: repealed

Acts 1953, ch. 248, § 6 (Williams, § 255.75m); T.C.A. (orig. ed.), §11-205; repealed by Acts 2012 , ch. 986, § 23, effective 10/1/2012.
Tenn. Code Ann. § 11-15-107 — TN Code / Title 11 / Chapter 15 / Section 11-15-107
Open space easements - Donation
Status: in_force

(a) Any person owning "open space land" as defined in § 67-5-1004 may donate to the state an open space easement limiting the future use of the land. The commissioner may accept such easement on behalf of the state, imposing such restrictions and limitations on the future use of the land as the commissioner and the owner may agree on and which may further the purposes of this section and §§ 11-14-201 , 11-15-108 , 67-5-509 , 67-5-601 , 67-5-602 , and 67-5-1001 - 67-5-1009. Before accepting the easement, the commissioner shall consult with the state planning office and the appropriate planning commission having jurisdiction over the land, and the director and the planning commission shall advise the commissioner if the preservation of the land in an open space condition is contrary to the public interest. The advice rendered by such planning commission shall be in accordance with the provisions and recommendations of an officially adopted land use plan or the land use element, as described in § 13-3-301 , of an officially adopted plan for physical development. Where no such officially adopted land use plan or land use element of an officially adopted plan exists, such advice shall be rendered in accordance with the principles of sound land use planning and shall be made in the form of an officially adopted policy statement of the planning commission. Where no such planning commission exists, the Tennessee local government planning advisory committee shall exercise the same authority as where such a planning commission otherwise legally exists. (b) The commissioner shall encourage, if appropriate, but shall not require, conditions in the agreement which shall provide for some form of limited public use. Such uses may include, but shall not be limited to, provisions for youth groups, garden clubs, school classes or similar groups to conduct nature studies, hikes, or field trips on the land. (c) When the commissioner accepts such an open space easement, the commissioner shall cause it to be recorded with the register of deeds in the county in which the land is situated, and shall notify the assessors of property for the county or municipality in which the land is situated and it shall be assessed as provided in § 67-5-1009 . Acts 1976, ch. 782, §§ 9, 10; T.C.A., § 11-1807.
(a) Any person owning "open space land" as defined in § 67-5-1004 may donate to the state an open space easement limiting the future use of the land. The commissioner may accept such easement on behalf of the state, imposing such restrictions and limitations on the future use of the land as the commissioner and the owner may agree on and which may further the purposes of this section and §§ 11-14-201 , 11-15-108 , 67-5-509 , 67-5-601 , 67-5-602 , and 67-5-1001 - 67-5-1009. Before accepting the easement, the commissioner shall consult with the state planning office and the appropriate planning commission having jurisdiction over the land, and the director and the planning commission shall advise the commissioner if the preservation of the land in an open space condition is contrary to the public interest. The advice rendered by such planning commission shall be in accordance with the provisions and recommendations of an officially adopted land use plan or the land use element, as described in § 13-3-301 , of an officially adopted plan for physical development. Where no such officially adopted land use plan or land use element of an officially adopted plan exists, such advice shall be rendered in accordance with the principles of sound land use planning and shall be made in the form of an officially adopted policy statement of the planning commission. Where no such planning commission exists, the Tennessee local government planning advisory committee shall exercise the same authority as where such a planning commission otherwise legally exists.
(b) The commissioner shall encourage, if appropriate, but shall not require, conditions in the agreement which shall provide for some form of limited public use. Such uses may include, but shall not be limited to, provisions for youth groups, garden clubs, school classes or similar groups to conduct nature studies, hikes, or field trips on the land.
(c) When the commissioner accepts such an open space easement, the commissioner shall cause it to be recorded with the register of deeds in the county in which the land is situated, and shall notify the assessors of property for the county or municipality in which the land is situated and it shall be assessed as provided in § 67-5-1009 .
Acts 1976, ch. 782, §§ 9, 10; T.C.A., § 11-1807.