Tenn. Code Ann. § 69-9-210 — TN Code / Title 69 / Chapter 9 / Section 69-9-210
Reporting of boating accidents - Rendering of assistance
Status: in_force

(a) Whenever any vessel operating upon the waters of Tennessee is involved in an accident, it is the duty of the operator, so far as the operator can do so without serious danger to the operator's own passengers, guests, crew, the operator or the operator's vessel, to render to all other persons affected by the accident such assistance as may be practicable and as may be necessary in order to save them from or to minimize any danger caused by the accident. The operator shall also give the operator's name, address, and identifying information regarding the operator's vessel, to any person injured or to the owner of any property damaged in the accident. (b) Whenever an accident involves any vessel and results in the death, disappearance, or serious injury of any person, or in property damage in excess of two thousand dollars ($2,000), as estimated by the wildlife officer or operator, or complete loss of vessel, the operator or operators of the vessel shall file, with the agency, a full description of the accident, including such information as the commission may by regulation require, within the times prescribed in subsection (c). (c) The agency shall be immediately notified of any boating accident within the meaning of this chapter that occurs on the waters of Tennessee by the operator or operators of any vessel involved in the accident. An accident reported pursuant to subsection (b) shall be filed within forty-eight (48) hours of the occurrence of an accident if the accident has resulted in the death, disappearance, or serious injury of any person. An accident reported pursuant to subsection (b) that results in property damage shall be filed within ten (10) days. If the operator is incapable of making the required notice or report, it is the responsibility of each passenger to ensure that notification is made and any required report is filed in conformance with this subsection (c). (d) The report of a boating accident required to be made in this section shall not, during any judicial proceeding, be referred to in any way; it shall not be subject to subpoena nor admissible as evidence in any proceeding. Subject to these restrictions, information contained in a boating accident report and any statistical information based on the report will be made available upon request for official purposes to the United States coast guard and any federal agency successor to the coast guard. Any party or individual involved in a boating accident may obtain a copy of the report of the accident that has been filed by requesting same from the commission. (e) (1) It is a Class A misdemeanor for any person to fail to stop or comply with the requirements of subsection (a) when the person knew or reasonably should have known that serious injury resulted from the accident. (2) It is a Class E felony for any person to fail to stop or comply with the requirements of subsection (a) when the person knew or reasonably should have known that death resulted from the accident. Acts 1965, ch. 334, § 12; 1975, ch. 184, § 14; 1982, ch. 738, § 36; T.C.A., § 70-2212; Acts 1992, ch. 601, § 1; T.C.A. §69-10-210; Acts 2007 , ch. 185, §§6, 7; 2008 , ch. 1194, § 1.
(a) Whenever any vessel operating upon the waters of Tennessee is involved in an accident, it is the duty of the operator, so far as the operator can do so without serious danger to the operator's own passengers, guests, crew, the operator or the operator's vessel, to render to all other persons affected by the accident such assistance as may be practicable and as may be necessary in order to save them from or to minimize any danger caused by the accident. The operator shall also give the operator's name, address, and identifying information regarding the operator's vessel, to any person injured or to the owner of any property damaged in the accident.
(b) Whenever an accident involves any vessel and results in the death, disappearance, or serious injury of any person, or in property damage in excess of two thousand dollars ($2,000), as estimated by the wildlife officer or operator, or complete loss of vessel, the operator or operators of the vessel shall file, with the agency, a full description of the accident, including such information as the commission may by regulation require, within the times prescribed in subsection (c).
(c) The agency shall be immediately notified of any boating accident within the meaning of this chapter that occurs on the waters of Tennessee by the operator or operators of any vessel involved in the accident. An accident reported pursuant to subsection (b) shall be filed within forty-eight (48) hours of the occurrence of an accident if the accident has resulted in the death, disappearance, or serious injury of any person. An accident reported pursuant to subsection (b) that results in property damage shall be filed within ten (10) days. If the operator is incapable of making the required notice or report, it is the responsibility of each passenger to ensure that notification is made and any required report is filed in conformance with this subsection (c).
(d) The report of a boating accident required to be made in this section shall not, during any judicial proceeding, be referred to in any way; it shall not be subject to subpoena nor admissible as evidence in any proceeding. Subject to these restrictions, information contained in a boating accident report and any statistical information based on the report will be made available upon request for official purposes to the United States coast guard and any federal agency successor to the coast guard. Any party or individual involved in a boating accident may obtain a copy of the report of the accident that has been filed by requesting same from the commission.
(e) (1) It is a Class A misdemeanor for any person to fail to stop or comply with the requirements of subsection (a) when the person knew or reasonably should have known that serious injury resulted from the accident. (2) It is a Class E felony for any person to fail to stop or comply with the requirements of subsection (a) when the person knew or reasonably should have known that death resulted from the accident.
(1) It is a Class A misdemeanor for any person to fail to stop or comply with the requirements of subsection (a) when the person knew or reasonably should have known that serious injury resulted from the accident.
(2) It is a Class E felony for any person to fail to stop or comply with the requirements of subsection (a) when the person knew or reasonably should have known that death resulted from the accident.
Acts 1965, ch. 334, § 12; 1975, ch. 184, § 14; 1982, ch. 738, § 36; T.C.A., § 70-2212; Acts 1992, ch. 601, § 1; T.C.A. §69-10-210; Acts 2007 , ch. 185, §§6, 7; 2008 , ch. 1194, § 1.
Tenn. Code Ann. § 69-1-110 — TN Code / Title 69 / Chapter 1 / Section 69-1-110
Damages for diversion of stream
Status: in_force

Any person diverting any stream from its natural channel is liable to any party aggrieved for the damages sustained. Code 1858, § 1308; Shan., § 1818; Code 1932, § 3084; T.C.A. (orig. ed.), § 70-110.
Any person diverting any stream from its natural channel is liable to any party aggrieved for the damages sustained.
Code 1858, § 1308; Shan., § 1818; Code 1932, § 3084; T.C.A. (orig. ed.), § 70-110.
Tenn. Code Ann. § 69-9-403 — TN Code / Title 69 / Chapter 9 / Section 69-9-403
Restricted and no-wake zones
Status: in_force

(a) No boat shall come any closer than fifty feet (50') to any divers-down flag and shall treat the area within two hundred feet (200') of a divers-down flag as a no wake zone. (b) This section shall not apply to a boat used as a diver station, diver support, or diver supply boat. (c) Violations of this section shall be punished in accordance with § 69-9-219(b) . Acts 1984, ch. 732, §2; T.C.A. § 69-10-403.
(a) No boat shall come any closer than fifty feet (50') to any divers-down flag and shall treat the area within two hundred feet (200') of a divers-down flag as a no wake zone.
(b) This section shall not apply to a boat used as a diver station, diver support, or diver supply boat.
(c) Violations of this section shall be punished in accordance with § 69-9-219(b) .
Acts 1984, ch. 732, §2; T.C.A. § 69-10-403.
Tenn. Code Ann. § 69-5-915 — TN Code / Title 69 / Chapter 5 / Section 69-5-915
Single county districts - Monthly settlements by trustees
Status: in_force

The county trustee of any county in which a drainage district has been organized under the laws of this state shall make monthly settlement with the county mayor of the county in which the district was organized, showing the drainage assessments collected during the month, giving date collected, tract number, name of owner, for what years assessments are paid, amount of assessments, interest and penalty, amount paid in cash, amount paid in bonds, coupons, or credit memorandums, and amount of credit memorandums issued during the month and still outstanding and to whom issued. The settlement shall also show what bonds, coupons or credit memorandums were received during the month in settlement of assessments and the date same were cancelled by the trustee. The settlement shall be filed with the county mayor as provided in this section, together with all cancelled bonds, coupons and credit memorandums, taking the county mayor's receipt for the settlement and, when approved by the county mayor, shall be copied on the drainage record book in the county clerk's office. Acts 1935, ch. 159, § 1; C. Supp. 1950, § 4292.5 (Williams, § 4244.1); impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), §70-1415; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-915.
The county trustee of any county in which a drainage district has been organized under the laws of this state shall make monthly settlement with the county mayor of the county in which the district was organized, showing the drainage assessments collected during the month, giving date collected, tract number, name of owner, for what years assessments are paid, amount of assessments, interest and penalty, amount paid in cash, amount paid in bonds, coupons, or credit memorandums, and amount of credit memorandums issued during the month and still outstanding and to whom issued. The settlement shall also show what bonds, coupons or credit memorandums were received during the month in settlement of assessments and the date same were cancelled by the trustee. The settlement shall be filed with the county mayor as provided in this section, together with all cancelled bonds, coupons and credit memorandums, taking the county mayor's receipt for the settlement and, when approved by the county mayor, shall be copied on the drainage record book in the county clerk's office.
Acts 1935, ch. 159, § 1; C. Supp. 1950, § 4292.5 (Williams, § 4244.1); impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), §70-1415; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-915.
Tenn. Code Ann. § 69-5-122 — TN Code / Title 69 / Chapter 5 / Section 69-5-122
Further examination and report by engineer
Status: in_force

At such hearing, the court may order the engineer, or a new engineer appointed by the court, if deemed advisable, to make further examination and report to the court as to the improvement, in which event the hearing shall be continued until the filing of such further report. Acts 1909, ch. 185, §6; Shan., § 3871a33; Code 1932, § 4250; T.C.A. (orig. ed.), § 70-729; T.C.A. § 69-6-122 .
At such hearing, the court may order the engineer, or a new engineer appointed by the court, if deemed advisable, to make further examination and report to the court as to the improvement, in which event the hearing shall be continued until the filing of such further report.
Acts 1909, ch. 185, §6; Shan., § 3871a33; Code 1932, § 4250; T.C.A. (orig. ed.), § 70-729; T.C.A. § 69-6-122 .
Tenn. Code Ann. § 69-9-202 — TN Code / Title 69 / Chapter 9 / Section 69-9-202
Public policy
Status: in_force

It is the policy of the state to: (1) Promote the safety of persons and property in and connected with the use of vessels; (2) Achieve, so far as practicable, uniformity of laws, regulations, requirements, procedures and methods with respect to the numbering, operation and equipment of all vessels subject to this chapter; (3) Foster the development, use and enjoyment of all the waters of Tennessee; and (4) Attain the fullest possible cooperation of the various agencies of this state, the neighboring states and the federal government in connection with assistance and rescue operations, in the enforcement of laws and regulations, and in the education of the public as these activities relate to recreational boating safety. Acts 1965, ch. 334, § 2; T.C.A., § 70-2203; T.C.A. § 69-10-202.
It is the policy of the state to:
(1) Promote the safety of persons and property in and connected with the use of vessels;
(2) Achieve, so far as practicable, uniformity of laws, regulations, requirements, procedures and methods with respect to the numbering, operation and equipment of all vessels subject to this chapter;
(3) Foster the development, use and enjoyment of all the waters of Tennessee; and
(4) Attain the fullest possible cooperation of the various agencies of this state, the neighboring states and the federal government in connection with assistance and rescue operations, in the enforcement of laws and regulations, and in the education of the public as these activities relate to recreational boating safety.
Acts 1965, ch. 334, § 2; T.C.A., § 70-2203; T.C.A. § 69-10-202.
Tenn. Code Ann. § 69-3-134 — TN Code / Title 69 / Chapter 3 / Section 69-3-134
Written notice of conduct violation
Status: in_force

No operator who at any time within the previous two (2) years has been found to have violated this part in the conduct of silvicultural activities, such finding of violation not having been overturned or reversed on appeal, shall start any silvicultural activities, unless the operator, at least ten (10) days prior to the start of any silvicultural activities has filed a written notification, with the commissioner of agriculture and the commissioner of environment and conservation, including the following information: (1) The name and address of the operator and, if different than the owner, the name and address of the owner; (2) The location of the silvicultural activities and estimated acreage; and (3) The anticipated beginning date and anticipated length of the silvicultural activities. Acts 2000, ch. 680, § 3.
No operator who at any time within the previous two (2) years has been found to have violated this part in the conduct of silvicultural activities, such finding of violation not having been overturned or reversed on appeal, shall start any silvicultural activities, unless the operator, at least ten (10) days prior to the start of any silvicultural activities has filed a written notification, with the commissioner of agriculture and the commissioner of environment and conservation, including the following information:
(1) The name and address of the operator and, if different than the owner, the name and address of the owner;
(2) The location of the silvicultural activities and estimated acreage; and
(3) The anticipated beginning date and anticipated length of the silvicultural activities.
Acts 2000, ch. 680, § 3.
Tenn. Code Ann. § 69-11-124 — TN Code / Title 69 / Chapter 11 / Section 69-11-124
Duties and liabilities of owners - Right of action against owners - Duties and liabilities of state counties or cities
Status: in_force

(a) Nothing in this chapter shall be construed to relieve the owner or owners of a dam or reservoir of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam or reservoir. (b) Nothing in this chapter shall abrogate the right of any person who is materially or personally damaged or injured by the operation of a dam or reservoir to seek remedies against the responsible person in the courts. (c) Nothing in this chapter shall be construed to impose legal duties, obligations or liabilities incident to the ownership or operation of a dam upon the state, a county or city that maintains a roadway upon a dam if the state, such county or city did not construct the dam. The repair and maintenance of such roadway shall be the sole responsibility of the state or the county or city constructing the roadway. Acts 1973, ch. 182, §§ 12, 16; T.C.A., § 70-2529; Acts 1991, ch. 260, § 1; T.C.A. § 69-12-124.
(a) Nothing in this chapter shall be construed to relieve the owner or owners of a dam or reservoir of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam or reservoir.
(b) Nothing in this chapter shall abrogate the right of any person who is materially or personally damaged or injured by the operation of a dam or reservoir to seek remedies against the responsible person in the courts.
(c) Nothing in this chapter shall be construed to impose legal duties, obligations or liabilities incident to the ownership or operation of a dam upon the state, a county or city that maintains a roadway upon a dam if the state, such county or city did not construct the dam. The repair and maintenance of such roadway shall be the sole responsibility of the state or the county or city constructing the roadway.
Acts 1973, ch. 182, §§ 12, 16; T.C.A., § 70-2529; Acts 1991, ch. 260, § 1; T.C.A. § 69-12-124.
Tenn. Code Ann. § 69-5-711 — TN Code / Title 69 / Chapter 5 / Section 69-5-711
Warrants - Manner of drawing and payment
Status: in_force

All warrants shall be drawn upon the county trustee as ordinary county warrants are drawn, but shall be payable only out of the fund provided for the district, and shall so state upon their face. Acts 1909, ch. 185, § 20; Shan., § 3871a91; Code 1932, § 4319; T.C.A. (orig. ed.), § 70-1217; T.C.A. § 69-6-711.
All warrants shall be drawn upon the county trustee as ordinary county warrants are drawn, but shall be payable only out of the fund provided for the district, and shall so state upon their face.
Acts 1909, ch. 185, § 20; Shan., § 3871a91; Code 1932, § 4319; T.C.A. (orig. ed.), § 70-1217; T.C.A. § 69-6-711.
Tenn. Code Ann. § 69-3-122 — TN Code / Title 69 / Chapter 3 / Section 69-3-122
Sewerage system contractors or operators - Bonds or security - Noncomplying or abandoned facilities
Status: in_force

(a) No person shall construct, operate or hold out to the public as proposing to construct or operate a sewerage system unless such person first provides a bond or other financial security to the department, and has received approval of the same. (b) The board may by regulation establish the amount and form of such bond or financial security for various sizes and types of facilities. In no case shall the amount of the bond or financial security exceed seventy-five thousand dollars ($75,000). The purpose of the bond or financial security shall be the protection of the public health, welfare, and the environment of the state. (c) The commissioner may petition the chancery court of the county in which the facility is located for forfeiture of the bond or other financial security, if the department determines that: (1) The continued operation or lack of operation of a facility covered by this section represents a threat to the health of the public or is causing or will cause violations of classified water uses that the board has established; (2) All reasonable and practical efforts under the circumstances have been made to obtain corrective actions from persons responsible for the facility; and (3) It does not appear that corrective actions can or will be taken within an appropriate time or it appears that the facility has been abandoned. (d) The proceeds of such forfeiture shall be paid into the court and, pursuant to the order of the court, used in combination with any remedy provided by law or equity that will correct or mitigate the noncompliance of such facility. (e) If the court finds that a facility covered by this section has been abandoned or that services of the facility have been terminated, the court may enter such orders regarding the continued operations of such facility as it deems necessary to protect the public. (f) This section does not apply to the following: (1) Facilities owned or operated by a governmental entity or agency; or (2) Facilities in operation prior to May 25, 1984. Acts 1984, ch. 804, § 12.
(a) No person shall construct, operate or hold out to the public as proposing to construct or operate a sewerage system unless such person first provides a bond or other financial security to the department, and has received approval of the same.
(b) The board may by regulation establish the amount and form of such bond or financial security for various sizes and types of facilities. In no case shall the amount of the bond or financial security exceed seventy-five thousand dollars ($75,000). The purpose of the bond or financial security shall be the protection of the public health, welfare, and the environment of the state.
(c) The commissioner may petition the chancery court of the county in which the facility is located for forfeiture of the bond or other financial security, if the department determines that: (1) The continued operation or lack of operation of a facility covered by this section represents a threat to the health of the public or is causing or will cause violations of classified water uses that the board has established; (2) All reasonable and practical efforts under the circumstances have been made to obtain corrective actions from persons responsible for the facility; and (3) It does not appear that corrective actions can or will be taken within an appropriate time or it appears that the facility has been abandoned.
(1) The continued operation or lack of operation of a facility covered by this section represents a threat to the health of the public or is causing or will cause violations of classified water uses that the board has established;
(2) All reasonable and practical efforts under the circumstances have been made to obtain corrective actions from persons responsible for the facility; and
(3) It does not appear that corrective actions can or will be taken within an appropriate time or it appears that the facility has been abandoned.
(d) The proceeds of such forfeiture shall be paid into the court and, pursuant to the order of the court, used in combination with any remedy provided by law or equity that will correct or mitigate the noncompliance of such facility.
(e) If the court finds that a facility covered by this section has been abandoned or that services of the facility have been terminated, the court may enter such orders regarding the continued operations of such facility as it deems necessary to protect the public.
(f) This section does not apply to the following: (1) Facilities owned or operated by a governmental entity or agency; or (2) Facilities in operation prior to May 25, 1984.
(1) Facilities owned or operated by a governmental entity or agency; or
(2) Facilities in operation prior to May 25, 1984.
Acts 1984, ch. 804, § 12.
Tenn. Code Ann. § 69-5-831 — TN Code / Title 69 / Chapter 5 / Section 69-5-831
Proceedings in accordance with chancery procedure
Status: in_force

All proceedings referred to in part 4 of this chapter and authorized to correct errors, or to prorate assessments, when parts of any tract of land have been sold at voluntary sale as provided in § 69-5-815 , or when any of the lands encumbered with such assessments have been sold, for the collection of the assessments, as the result of the proceedings authorized by this part, whether in the county court or the chancery court, shall be conducted according to the rules of chancery proceedings. Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b11; mod. Code 1932, §4279; T.C.A. (orig. ed.), § 70-1335; T.C.A. § 69-6-831.
All proceedings referred to in part 4 of this chapter and authorized to correct errors, or to prorate assessments, when parts of any tract of land have been sold at voluntary sale as provided in § 69-5-815 , or when any of the lands encumbered with such assessments have been sold, for the collection of the assessments, as the result of the proceedings authorized by this part, whether in the county court or the chancery court, shall be conducted according to the rules of chancery proceedings.
Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b11; mod. Code 1932, §4279; T.C.A. (orig. ed.), § 70-1335; T.C.A. § 69-6-831.
Tenn. Code Ann. § 69-5-922 — TN Code / Title 69 / Chapter 5 / Section 69-5-922
Refunding bonds - Notice of hearing
Status: in_force

Upon the filing of a petition as for issuance of refunding bonds, it is the duty of the county legislative body to set a date for the hearing of such petition and to direct the county clerk to cause to be published a notice in substantially the following form: To all persons or corporations interested in lands or other property lying in ______________ District, ______________ County, Tennessee, take notice: That the aforementioned district, acting through its board of directors, has filed with the county legislative body of ______________ County, Tennessee, a petition requesting the county legislative body to provide for the refunding of the outstanding bonded indebtedness of such district, and that any person or corporation owning or having any interest in any land or property in the district may appear before the county legislative body at the court house in ______________, Tennessee, at the hour of ____________________ o'clock, ____________________ M., on ____________________ the ____________________ day of ______________ 20____________________, and show cause why such bonds should not be refunded. You are further notified that in the event the county legislative body, pursuant to the hearing, should enter an order, providing for the issuance of refunding bonds, any landowner shall have the right at any time within two (2) weeks from and after the entering of such order within which to pay the full amount of the principal tax or assessment chargeable to such landowner's land or any tract thereof, for the payment of the bonds proposed to be refunded, and any tract on which such tax or assessment shall be so paid shall thereupon be released from any tax or assessment for the payment of the refunding bonds so authorized to be issued, but shall remain subject to such other or additional taxes, if any, as may be levied pursuant to law. Take notice also that in the event a remonstrance or remonstrances against the issuance of refunding bonds be filed with the county legislative body on or prior to the date hereinabove set forth, signed by sixty percent (60%) or more of the landowners owning sixty percent (60%) or more of the aggregate acreage of lands within the district, then the county legislative body shall enter an order denying and dismissing the petition of the board of directors above referred to. By order of the county legislative body of ______________ County, Tennessee, this ____________________ day of ____________________, 20____________________ ______________ County Clerk Such notice shall be published weekly for at least two (2) consecutive weeks in some newspaper published in the county and having a general circulation in the district, and the first of such publications shall occur at least ten (10) days prior to the date set for such hearing, and the last of such publications shall occur not more than seven (7) days prior to such date. A copy of such notice shall also be posted in a conspicuous place at the court house of the county where the hearing is to be held at least ten (10) days prior to the date set for such hearing. Acts 1935, ch. 51, § 3; 1935, ch. 78, § 2; C. Supp. 1950, §4341.3; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 70-1422; T.C.A. § 69-6-922.
Upon the filing of a petition as for issuance of refunding bonds, it is the duty of the county legislative body to set a date for the hearing of such petition and to direct the county clerk to cause to be published a notice in substantially the following form:
To all persons or corporations interested in lands or other property lying in ______________ District, ______________ County, Tennessee, take notice: That the aforementioned district, acting through its board of directors, has filed with the county legislative body of ______________ County, Tennessee, a petition requesting the county legislative body to provide for the refunding of the outstanding bonded indebtedness of such district, and that any person or corporation owning or having any interest in any land or property in the district may appear before the county legislative body at the court house in ______________, Tennessee, at the hour of ____________________ o'clock, ____________________ M., on ____________________ the ____________________ day of ______________ 20____________________, and show cause why such bonds should not be refunded.
You are further notified that in the event the county legislative body, pursuant to the hearing, should enter an order, providing for the issuance of refunding bonds, any landowner shall have the right at any time within two (2) weeks from and after the entering of such order within which to pay the full amount of the principal tax or assessment chargeable to such landowner's land or any tract thereof, for the payment of the bonds proposed to be refunded, and any tract on which such tax or assessment shall be so paid shall thereupon be released from any tax or assessment for the payment of the refunding bonds so authorized to be issued, but shall remain subject to such other or additional taxes, if any, as may be levied pursuant to law. Take notice also that in the event a remonstrance or remonstrances against the issuance of refunding bonds be filed with the county legislative body on or prior to the date hereinabove set forth, signed by sixty percent (60%) or more of the landowners owning sixty percent (60%) or more of the aggregate acreage of lands within the district, then the county legislative body shall enter an order denying and dismissing the petition of the board of directors above referred to.
By order of the county legislative body of ______________ County, Tennessee, this ____________________ day of ____________________, 20____________________
______________
County Clerk
Such notice shall be published weekly for at least two (2) consecutive weeks in some newspaper published in the county and having a general circulation in the district, and the first of such publications shall occur at least ten (10) days prior to the date set for such hearing, and the last of such publications shall occur not more than seven (7) days prior to such date. A copy of such notice shall also be posted in a conspicuous place at the court house of the county where the hearing is to be held at least ten (10) days prior to the date set for such hearing.
Acts 1935, ch. 51, § 3; 1935, ch. 78, § 2; C. Supp. 1950, §4341.3; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 70-1422; T.C.A. § 69-6-922.
Tenn. Code Ann. § 69-5-931 — TN Code / Title 69 / Chapter 5 / Section 69-5-931
County trustee's compensation
Status: in_force

The county trustee, for receiving and paying out money received from the sale of bonds and warrants issued and sold under this part, shall be entitled to a commission of one half of one percent (0.5%) for receiving the same, and one half of one percent (0.5%) for paying out the same. The trustee shall pay over to the trustee's successor in office any of the moneys and funds remaining in the trustee's hands at the expiration of the trustee's term of office, when the successor trustee has executed bond, as provided by § 69-5-908 . It is the duty of such succeeding trustee to execute such bond, and for failure to do so, the succeeding trustee shall be liable to the penalties provided by § 69-5-908 . Whichever trustee actually disburses the funds so arising from the sale of bonds or warrants shall be entitled to the commission of one half of one percent (0.5%); provided, that the succeeding trustee shall not be entitled to any commissions for receiving such funds from the predecessor trustee. Acts 1913 (1st Ex. Sess.), ch. 25, § 12; Shan., § 3871a140; Code 1932, §4375; T.C.A. (orig. ed.), § 70-1432; T.C.A. § 69-6-931.
The county trustee, for receiving and paying out money received from the sale of bonds and warrants issued and sold under this part, shall be entitled to a commission of one half of one percent (0.5%) for receiving the same, and one half of one percent (0.5%) for paying out the same. The trustee shall pay over to the trustee's successor in office any of the moneys and funds remaining in the trustee's hands at the expiration of the trustee's term of office, when the successor trustee has executed bond, as provided by § 69-5-908 . It is the duty of such succeeding trustee to execute such bond, and for failure to do so, the succeeding trustee shall be liable to the penalties provided by § 69-5-908 . Whichever trustee actually disburses the funds so arising from the sale of bonds or warrants shall be entitled to the commission of one half of one percent (0.5%); provided, that the succeeding trustee shall not be entitled to any commissions for receiving such funds from the predecessor trustee.
Acts 1913 (1st Ex. Sess.), ch. 25, § 12; Shan., § 3871a140; Code 1932, §4375; T.C.A. (orig. ed.), § 70-1432; T.C.A. § 69-6-931.
Tenn. Code Ann. § 69-9-304 — TN Code / Title 69 / Chapter 9 / Section 69-9-304
Alterations to engines - Cutouts
Status: in_force

(a) No person shall remove or alter any part of an engine, its propulsion unit, or its enclosure, or modify the mounting of an engine in or upon a vessel in such a manner as to exceed the noise levels prescribed in § 69-9-302 . (b) The use of cutouts is prohibited. Acts 1977, ch. 77, § 1; 1977, ch. 132, § 3; T.C.A., § 70-2244; T.C.A. § 69-10-304.
(a) No person shall remove or alter any part of an engine, its propulsion unit, or its enclosure, or modify the mounting of an engine in or upon a vessel in such a manner as to exceed the noise levels prescribed in § 69-9-302 .
(b) The use of cutouts is prohibited.
Acts 1977, ch. 77, § 1; 1977, ch. 132, § 3; T.C.A., § 70-2244; T.C.A. § 69-10-304.
Tenn. Code Ann. § 69-9-503 — TN Code / Title 69 / Chapter 9 / Section 69-9-503
Engine cutoff switches
Status: in_force

(a) A person operating a personal watercraft on the waters of Tennessee shall have a lanyard type engine cutoff switch and must attach the lanyard to the person, clothing, or personal flotation device as is appropriate. (b) Subsection (a) shall not apply to a person operating a personal watercraft that was not equipped with a lanyard type engine cutoff switch at the time of production by the manufacturer. Amended by 2016 Tenn. Acts, ch. 572, s 1, eff. 3/8/2016. Acts 1996, ch. 808, §1; T.C.A. § 69-10-503.
(a) A person operating a personal watercraft on the waters of Tennessee shall have a lanyard type engine cutoff switch and must attach the lanyard to the person, clothing, or personal flotation device as is appropriate.
(b) Subsection (a) shall not apply to a person operating a personal watercraft that was not equipped with a lanyard type engine cutoff switch at the time of production by the manufacturer.
Amended by 2016 Tenn. Acts, ch. 572, s 1, eff. 3/8/2016.
Acts 1996, ch. 808, §1; T.C.A. § 69-10-503.
Tenn. Code Ann. § 69-11-117 — TN Code / Title 69 / Chapter 11 / Section 69-11-117
Failure to comply with certificate - Compliance orders - Emergency action - Recovery of costs
Status: in_force

(a) Whenever the commissioner determines that any person to whom a certificate of approval has been issued has failed to comply with the conditions in the certificate, or whenever the commissioner determines that life or property are or may be endangered by the failure or incapacity of a dam or reservoir or by other cause related to a dam or reservoir, irrespective of any conditions or the lack of conditions in the certificate of approval for the dam or reservoir, the commissioner shall order the owner of the dam or reservoir to take such action as is necessary to render the dam or reservoir safe. (b) Any person to whom an order is directed pursuant to this section shall comply with the order immediately but, on petition to the commissioner, shall have a hearing within five (5) working days. (c) (1) Where the owner fails, in the judgment of the commissioner, to take satisfactory action toward compliance with such order, or to maintain a satisfactory rate of progress toward full compliance with the order, or where in the judgment of the commissioner the danger to life or property will not permit delay, the commissioner shall request that a state of emergency be declared by the governor, and upon such declaration, shall take such action as the commissioner deems necessary to render the dam or reservoir safe, which action may include, but is not limited to: (A) Taking full charge and control of the dam or reservoir; (B) Lowering the water level by releasing water from the reservoir; (C) Completely emptying the reservoir; (D) Performing any necessary remedial or protective work at the site; or (E) Taking such other steps as may be necessary to safeguard life and property. (2) The commissioner may continue such action until the dam or reservoir involved is rendered safe or the emergency requiring the action has ceased. (3) The commissioner is authorized to enter into contracts or agreements with other state, local or federal agencies, or other persons, for work necessary to implement necessary emergency actions. (d) Whenever the commissioner takes action authorized by this section, the owner or owners of the dam or the dam creating the impoundment, at which such action was taken, shall be jointly and severally liable for the costs of taking such action, including applicable overheads, and a lien in the amount of such costs shall be automatically created on all property owned by any such owner at or proximate to the dam or reservoir at which action was taken. The commissioner shall file an action in any circuit or chancery court having jurisdiction over any owner for the recovery of such costs, and may join all other owners in such action irrespective of any statutes to the contrary relating to jurisdiction or venue. Following the conclusion of such action, the commissioner may make application to the court for foreclosure sale of the property to satisfy any judgment obtained by the commissioner. Acts 1973, ch. 182, §§ 8, 9; T.C.A., §§ 70-2518 -- 70-2522; T.C.A. § 69-12-117.
(a) Whenever the commissioner determines that any person to whom a certificate of approval has been issued has failed to comply with the conditions in the certificate, or whenever the commissioner determines that life or property are or may be endangered by the failure or incapacity of a dam or reservoir or by other cause related to a dam or reservoir, irrespective of any conditions or the lack of conditions in the certificate of approval for the dam or reservoir, the commissioner shall order the owner of the dam or reservoir to take such action as is necessary to render the dam or reservoir safe.
(b) Any person to whom an order is directed pursuant to this section shall comply with the order immediately but, on petition to the commissioner, shall have a hearing within five (5) working days.
(c) (1) Where the owner fails, in the judgment of the commissioner, to take satisfactory action toward compliance with such order, or to maintain a satisfactory rate of progress toward full compliance with the order, or where in the judgment of the commissioner the danger to life or property will not permit delay, the commissioner shall request that a state of emergency be declared by the governor, and upon such declaration, shall take such action as the commissioner deems necessary to render the dam or reservoir safe, which action may include, but is not limited to: (A) Taking full charge and control of the dam or reservoir; (B) Lowering the water level by releasing water from the reservoir; (C) Completely emptying the reservoir; (D) Performing any necessary remedial or protective work at the site; or (E) Taking such other steps as may be necessary to safeguard life and property. (2) The commissioner may continue such action until the dam or reservoir involved is rendered safe or the emergency requiring the action has ceased. (3) The commissioner is authorized to enter into contracts or agreements with other state, local or federal agencies, or other persons, for work necessary to implement necessary emergency actions.
(1) Where the owner fails, in the judgment of the commissioner, to take satisfactory action toward compliance with such order, or to maintain a satisfactory rate of progress toward full compliance with the order, or where in the judgment of the commissioner the danger to life or property will not permit delay, the commissioner shall request that a state of emergency be declared by the governor, and upon such declaration, shall take such action as the commissioner deems necessary to render the dam or reservoir safe, which action may include, but is not limited to: (A) Taking full charge and control of the dam or reservoir; (B) Lowering the water level by releasing water from the reservoir; (C) Completely emptying the reservoir; (D) Performing any necessary remedial or protective work at the site; or (E) Taking such other steps as may be necessary to safeguard life and property.
(A) Taking full charge and control of the dam or reservoir;
(B) Lowering the water level by releasing water from the reservoir;
(C) Completely emptying the reservoir;
(D) Performing any necessary remedial or protective work at the site; or
(E) Taking such other steps as may be necessary to safeguard life and property.
(2) The commissioner may continue such action until the dam or reservoir involved is rendered safe or the emergency requiring the action has ceased.
(3) The commissioner is authorized to enter into contracts or agreements with other state, local or federal agencies, or other persons, for work necessary to implement necessary emergency actions.
(d) Whenever the commissioner takes action authorized by this section, the owner or owners of the dam or the dam creating the impoundment, at which such action was taken, shall be jointly and severally liable for the costs of taking such action, including applicable overheads, and a lien in the amount of such costs shall be automatically created on all property owned by any such owner at or proximate to the dam or reservoir at which action was taken. The commissioner shall file an action in any circuit or chancery court having jurisdiction over any owner for the recovery of such costs, and may join all other owners in such action irrespective of any statutes to the contrary relating to jurisdiction or venue. Following the conclusion of such action, the commissioner may make application to the court for foreclosure sale of the property to satisfy any judgment obtained by the commissioner.
Acts 1973, ch. 182, §§ 8, 9; T.C.A., §§ 70-2518 -- 70-2522; T.C.A. § 69-12-117.
Tenn. Code Ann. § 69-10-106 — TN Code / Title 69 / Chapter 10 / Section 69-10-106
Powers of commissioner
Status: in_force

The commissioner has the power to: (1) Promulgate rules and regulations as the commissioner deems reasonable and necessary to effectuate the purposes of this chapter. Such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (2) Exercise general supervision over the administration and enforcement of this chapter and all rules and regulations promulgated under this chapter; (3) Make inspections and investigations, collect samples, carry on research, or take such other action as may be necessary to carry out this chapter, rules and regulations issued pursuant to this chapter, and any orders that the commissioner may issue; (4) Enter or authorize the commissioner's agents to enter at all reasonable times upon any property other than dwelling places for the purpose of conducting investigations or studies or enforcing any of the provisions of this chapter; (5) Bring suit in the name of the department for any violation of this chapter, rules and regulations, and orders of the commissioner seeking any remedy provided in such chapter, rules and regulations, and orders, as well as, any other statutory or common law remedy provided in statutory or common law; (6) Assess civil penalties for violation of any provision of this chapter or any rule, regulation, standard adopted or order issued by the commissioner pursuant to this chapter; (7) Issue orders as may be necessary to secure compliance with this chapter, as well as the rules and regulations adopted pursuant to this chapter; (8) Investigate any alleged or apparent violation of this chapter and to take any action authorized under this chapter as the commissioner deems necessary to enforce this chapter; (9) Issue licenses as provided by this chapter; (10) Establish standards for installation of pumps and treatment devices and establish standards for the proper drilling, construction, maintenance, and closure by well drillers, including, but not limited to, the casing, perforating, plugging, cementing, and capping of wells and for maintenance of water wells and geothermal wells by well owners; and (11) Require corrective action, including closure, of all inactive wells or improperly constructed or maintained wells that have caused or will cause harm to ground water. Acts 1963, ch. 325, § 6; T.C.A., § 70-2306; Acts 1984, ch. 784, § 5; 2002, ch. 800, § 18; T.C.A. § 69-11-106 .
The commissioner has the power to:
(1) Promulgate rules and regulations as the commissioner deems reasonable and necessary to effectuate the purposes of this chapter. Such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(2) Exercise general supervision over the administration and enforcement of this chapter and all rules and regulations promulgated under this chapter;
(3) Make inspections and investigations, collect samples, carry on research, or take such other action as may be necessary to carry out this chapter, rules and regulations issued pursuant to this chapter, and any orders that the commissioner may issue;
(4) Enter or authorize the commissioner's agents to enter at all reasonable times upon any property other than dwelling places for the purpose of conducting investigations or studies or enforcing any of the provisions of this chapter;
(5) Bring suit in the name of the department for any violation of this chapter, rules and regulations, and orders of the commissioner seeking any remedy provided in such chapter, rules and regulations, and orders, as well as, any other statutory or common law remedy provided in statutory or common law;
(6) Assess civil penalties for violation of any provision of this chapter or any rule, regulation, standard adopted or order issued by the commissioner pursuant to this chapter;
(7) Issue orders as may be necessary to secure compliance with this chapter, as well as the rules and regulations adopted pursuant to this chapter;
(8) Investigate any alleged or apparent violation of this chapter and to take any action authorized under this chapter as the commissioner deems necessary to enforce this chapter;
(9) Issue licenses as provided by this chapter;
(10) Establish standards for installation of pumps and treatment devices and establish standards for the proper drilling, construction, maintenance, and closure by well drillers, including, but not limited to, the casing, perforating, plugging, cementing, and capping of wells and for maintenance of water wells and geothermal wells by well owners; and
(11) Require corrective action, including closure, of all inactive wells or improperly constructed or maintained wells that have caused or will cause harm to ground water.
Acts 1963, ch. 325, § 6; T.C.A., § 70-2306; Acts 1984, ch. 784, § 5; 2002, ch. 800, § 18; T.C.A. § 69-11-106 .
Tenn. Code Ann. § 69-6-141 — TN Code / Title 69 / Chapter 6 / Section 69-6-141
Treasurer's bond
Status: in_force

In the event of special assessments, the treasurer of the district shall be bonded at the expense of the district by a reputable and responsible corporate surety in an amount determined by the court, or as otherwise provided by law. Acts 1955, ch. 112, § 26; T.C.A., § 70-1841; T.C.A. § 69-7-141.
In the event of special assessments, the treasurer of the district shall be bonded at the expense of the district by a reputable and responsible corporate surety in an amount determined by the court, or as otherwise provided by law.
Acts 1955, ch. 112, § 26; T.C.A., § 70-1841; T.C.A. § 69-7-141.
Tenn. Code Ann. § 69-9-207 — TN Code / Title 69 / Chapter 9 / Section 69-9-207
Issuance of certificates of number - Fees - Renewal
Status: in_force

(a) No person shall operate or give permission for the operation of any vessel on the waters of Tennessee unless the vessel is numbered in accordance with this chapter. (b) The owner of every vessel required to be numbered by this chapter shall file an application for a number with the agency on forms approved by the executive director. The application shall be signed by the owner, or owners, of the vessel and shall be accompanied by the fee as set forth in this part. In situations involving abandoned or salvaged vessels, the fee shall be the same as set forth in this part; however, the applicant shall follow procedures as set out in rules and regulations. (c) Upon receipt of the application in approved form, the agency shall issue to the applicant a certificate of number, which shall contain the identification number issued to the vessel and such additional information as the commission may, by regulation, prescribe. The certificate shall be pocket-sized and shall be available for inspection when the vessel is in operation. The owner shall paint on or attach the identification number to each side of the bow of the vessel for which issued, displaying it in the manner required by the regulations of the commission and maintaining it in legible condition. (d) Certificates shall be valid for a period of one (1) year from date of issue; provided, that certificates shall be issued for periods up to three (3) years upon application of the owner. The fee to be collected for certificates shall be as follows: Fee Category 1 Year 2 Years 3 Years Vessels less than 16 feet $ 4.00 $ 7.00 $10.00 Vessels 16 feet to less than 26 feet 8.00 14.00 20.00 Vessels 26 feet to less than 40 feet 12.00 21.00 30.00 Vessels 40 feet or more 16.00 28.00 40.00 Dealer's Certificate 10.00 --- --- Duplicate Certificate 2.00 --- --- (e) The fees levied pursuant to subsection (d) prior to June 13, 1997, shall continue to be levied as provided in such subsection. The commission is authorized to adjust such fees by regulation in such amount as may be necessary to administer this chapter; provided, that the percentage increase for any such fee adjustment shall not exceed the percent of increase in the average consumer price index all items-city average as published by the United States department of labor, bureau of labor statistics, since the last change in such fees. All such fees, and any adjustments to the fees, shall be deposited in the wildlife resources fund and shall be expended solely for the administration and operation of the commission's programs and responsibilities authorized pursuant to this chapter. (f) The agency shall be the office of records for all transactions and transfers of vessels numbered in this state. (g) The numbering system to be used shall conform to the numbering system promulgated by the federal government. (h) An owner of two (2) or more vessels that are subject to the requirements of this chapter and that are used as rental vessels in connection with the operation of a commercial boat dock shall, upon payment of the prescribed fee for each such vessel and upon the owner's written request for a blanket certificate, be entitled to have issued a blanket certificate of number covering all of the vessels for which fee is paid. The same vessel identification number followed by a dash (-) and a different suffix number for each vessel shall be painted on or attached to the bow of each such vessel, as provided in this section. In addition, the name of the boat dock or the owner of each such vessel shall be prominently displayed on the vessel as is provided in § 69-9-206 for exempt vessels. Acts 1965, ch. 334, § 7; 1969, ch. 313, § 2; 1970, ch. 380, § 1; 1971, ch. 10, §§ 1, 2; 1974, ch. 456, § 1; 1975, ch. 184, §§9, 10; 1979, ch. 292, § 1; T.C.A., §70-2207; Acts 1997 , ch. 411, § 3; 2000, ch. 830, § 1; T.C.A. § 69-10-207.
(a) No person shall operate or give permission for the operation of any vessel on the waters of Tennessee unless the vessel is numbered in accordance with this chapter.
(b) The owner of every vessel required to be numbered by this chapter shall file an application for a number with the agency on forms approved by the executive director. The application shall be signed by the owner, or owners, of the vessel and shall be accompanied by the fee as set forth in this part. In situations involving abandoned or salvaged vessels, the fee shall be the same as set forth in this part; however, the applicant shall follow procedures as set out in rules and regulations.
(c) Upon receipt of the application in approved form, the agency shall issue to the applicant a certificate of number, which shall contain the identification number issued to the vessel and such additional information as the commission may, by regulation, prescribe. The certificate shall be pocket-sized and shall be available for inspection when the vessel is in operation. The owner shall paint on or attach the identification number to each side of the bow of the vessel for which issued, displaying it in the manner required by the regulations of the commission and maintaining it in legible condition.
(d) Certificates shall be valid for a period of one (1) year from date of issue; provided, that certificates shall be issued for periods up to three (3) years upon application of the owner. The fee to be collected for certificates shall be as follows: Fee Category 1 Year 2 Years 3 Years Vessels less than 16 feet $ 4.00 $ 7.00 $10.00 Vessels 16 feet to less than 26 feet 8.00 14.00 20.00 Vessels 26 feet to less than 40 feet 12.00 21.00 30.00 Vessels 40 feet or more 16.00 28.00 40.00 Dealer's Certificate 10.00 --- --- Duplicate Certificate 2.00 --- ---
Fee Category 1 Year 2 Years 3 Years Vessels less than 16 feet $ 4.00 $ 7.00 $10.00 Vessels 16 feet to less than 26 feet 8.00 14.00 20.00 Vessels 26 feet to less than 40 feet 12.00 21.00 30.00 Vessels 40 feet or more 16.00 28.00 40.00 Dealer's Certificate 10.00 --- --- Duplicate Certificate 2.00 --- ---
Fee Category
1 Year
2 Years
3 Years
Vessels less than 16 feet
$ 4.00
$ 7.00
$10.00
Vessels 16 feet to less than 26 feet
8.00
14.00
20.00
Vessels 26 feet to less than 40 feet
12.00
21.00
30.00
Vessels 40 feet or more
16.00
28.00
40.00
Dealer's Certificate
10.00
---
Duplicate Certificate
2.00
---
(e) The fees levied pursuant to subsection (d) prior to June 13, 1997, shall continue to be levied as provided in such subsection. The commission is authorized to adjust such fees by regulation in such amount as may be necessary to administer this chapter; provided, that the percentage increase for any such fee adjustment shall not exceed the percent of increase in the average consumer price index all items-city average as published by the United States department of labor, bureau of labor statistics, since the last change in such fees. All such fees, and any adjustments to the fees, shall be deposited in the wildlife resources fund and shall be expended solely for the administration and operation of the commission's programs and responsibilities authorized pursuant to this chapter.
(f) The agency shall be the office of records for all transactions and transfers of vessels numbered in this state.
(g) The numbering system to be used shall conform to the numbering system promulgated by the federal government.
(h) An owner of two (2) or more vessels that are subject to the requirements of this chapter and that are used as rental vessels in connection with the operation of a commercial boat dock shall, upon payment of the prescribed fee for each such vessel and upon the owner's written request for a blanket certificate, be entitled to have issued a blanket certificate of number covering all of the vessels for which fee is paid. The same vessel identification number followed by a dash (-) and a different suffix number for each vessel shall be painted on or attached to the bow of each such vessel, as provided in this section. In addition, the name of the boat dock or the owner of each such vessel shall be prominently displayed on the vessel as is provided in § 69-9-206 for exempt vessels.
Acts 1965, ch. 334, § 7; 1969, ch. 313, § 2; 1970, ch. 380, § 1; 1971, ch. 10, §§ 1, 2; 1974, ch. 456, § 1; 1975, ch. 184, §§9, 10; 1979, ch. 292, § 1; T.C.A., §70-2207; Acts 1997 , ch. 411, § 3; 2000, ch. 830, § 1; T.C.A. § 69-10-207.
Tenn. Code Ann. § 69-10-104 — TN Code / Title 69 / Chapter 10 / Section 69-10-104
Supervision by licensed driller required
Status: in_force

(a) It shall be unlawful to operate or install any equipment in the drilling of geothermal, water or monitoring wells unless a licensed individual, or an operator designated by the licensee, supervises the activity. (b) It shall be unlawful to install any pumps or water treatment devices in geothermal wells and water wells unless a licensed individual, or an operator designated by the licensee, supervises the activity. Acts 1963, ch. 325, § 4; T.C.A., § 70-2304; Acts 2002, ch. 800, § 15; T.C.A. § 69-11-104 .
(a) It shall be unlawful to operate or install any equipment in the drilling of geothermal, water or monitoring wells unless a licensed individual, or an operator designated by the licensee, supervises the activity.
(b) It shall be unlawful to install any pumps or water treatment devices in geothermal wells and water wells unless a licensed individual, or an operator designated by the licensee, supervises the activity.
Acts 1963, ch. 325, § 4; T.C.A., § 70-2304; Acts 2002, ch. 800, § 15; T.C.A. § 69-11-104 .
Tenn. Code Ann. § 69-3-144 — TN Code / Title 69 / Chapter 3 / Section 69-3-144
Definitions for Sections 69-3-143 - 69-3-147
Status: in_force

As used in §§ 69-3-143 - 69-3-147, unless the context otherwise requires: (1) As used for the purposes of rock harvesting under §§ 69-3-143 - 69-3-147 only, "mineral" means dimension stone, flagstone, fieldstone, landscaping stone, drystack stone, façade and marble, but does not include any other "mineral" as defined in § 59-8-202 ; (2) "Operator" means any person engaged in rock harvesting who disturbs or intends to disturb one (1) acre or more of land or removes or intends to remove more than one hundred (100) tons of minerals as defined in subdivision (1). Any operator who has obtained a permit and otherwise complied with this part may subcontract any part or all of the rock harvesting area covered by the permit to the extent that such subcontractors meet all the qualifications and requirements of this part; and (3) "Rock harvesting": (A) Means the removal of minerals, as defined in subdivision (1), by an operator with or without machinery; and (B) Does not include activity that is exempt from this part under § 69-3-120(g) . Amended by 2024 Tenn. Acts, ch. 939,s 1, eff. 7/1/2024. Acts 2011 , ch. 341, § 3.
As used in §§ 69-3-143 - 69-3-147, unless the context otherwise requires:
(1) As used for the purposes of rock harvesting under §§ 69-3-143 - 69-3-147 only, "mineral" means dimension stone, flagstone, fieldstone, landscaping stone, drystack stone, façade and marble, but does not include any other "mineral" as defined in § 59-8-202 ;
(2) "Operator" means any person engaged in rock harvesting who disturbs or intends to disturb one (1) acre or more of land or removes or intends to remove more than one hundred (100) tons of minerals as defined in subdivision (1). Any operator who has obtained a permit and otherwise complied with this part may subcontract any part or all of the rock harvesting area covered by the permit to the extent that such subcontractors meet all the qualifications and requirements of this part; and
(3) "Rock harvesting": (A) Means the removal of minerals, as defined in subdivision (1), by an operator with or without machinery; and (B) Does not include activity that is exempt from this part under § 69-3-120(g) .
(A) Means the removal of minerals, as defined in subdivision (1), by an operator with or without machinery; and
(B) Does not include activity that is exempt from this part under § 69-3-120(g) .
Amended by 2024 Tenn. Acts, ch. 939,s 1, eff. 7/1/2024.
Acts 2011 , ch. 341, § 3.
Tenn. Code Ann. § 69-5-142 — TN Code / Title 69 / Chapter 5 / Section 69-5-142
Compensation fixed by county court
Status: in_force

If there are any services required of any person under this chapter, and the rate of pay for those services is not provided for by this chapter, then the county courts shall fix the amount or rate of pay in such cases. Acts 1909, ch. 185, § 36; Shan., § 3871a143; Code 1932, § 4378; T.C.A. (orig. ed.), § 70-750; T.C.A. § 69-6-142 .
If there are any services required of any person under this chapter, and the rate of pay for those services is not provided for by this chapter, then the county courts shall fix the amount or rate of pay in such cases.
Acts 1909, ch. 185, § 36; Shan., § 3871a143; Code 1932, § 4378; T.C.A. (orig. ed.), § 70-750; T.C.A. § 69-6-142 .
Tenn. Code Ann. § 69-9-227 — TN Code / Title 69 / Chapter 9 / Section 69-9-227
Regulation of commercial operations that lease or rent nonmotorized vessels for noncommercial use
Status: in_force

(a) As used in this section: (1) "In the aggregate" means the number of nonmotorized vessels by type rented in each water body; (2) "Nonmotorized vessels" means canoes, kayaks, stand-up paddle boards, tubes, and any other vessels powered only by their occupants and propelled by manual methods, including, but not limited to paddles and oars; and (3) "Waters of Tennessee" means any waters within the territorial limits of this state, except privately owned ponds or lakes not used for commercial purposes. (b) (1) The commission is authorized to establish rules, permits, and procedures regulating commercial operations that: (A) Lease or rent nonmotorized vessels for noncommercial use by the public on the waters of Tennessee; and (B) Utilize vessel launches or ramps, or other property, owned or managed by the agency. (2) The regulatory authority granted under subdivision (b)(1) does not: (A) Apply to commercial operations permitted by either the department of environment and conservation pursuant to title 11, chapter 8, or the United States forest service; (B) Apply to commercial operations permitted by the department of environment and conservation pursuant to a commercial use authorization under § 11-1-118 , or other law; or (C) Preclude the department of environment and conservation from issuing permits, licenses, or leases for commercial activities occurring within its jurisdiction. (c) (1) In maintaining information on the number and type of non-motorized vessels leased each day, the information shall be submitted under seal only for the use of the commission and the agency, and may only be used in the aggregate in agency reports and records. (2) No later than October 31, 2023, and every October 31 thereafter, an outfitter shall submit an annual report providing the agency-required records for activities that occurred since the last report. An outfitter shall supplement its report by December 30 for activity occurring subsequent to the outfitter's October 31 report. If a report is incomplete and the agency has provided notice that the outfitter has provided incomplete information, the outfitter has thirty (30) days from the date of notification to submit additional information to the agency. (d) The commission may only assess a fee on a commercial outfitter by rule, and no such rule may take effect before July 1, 2021. (e) The commission may consider the implementation of a multiple year permit system in consideration of the business history of long-term commercial outfitters. (f) To insure that the views of the commercial paddle craft outfitter community are appropriately communicated as well as to assist the fish and wildlife commission in developing rules and regulations on commercial outfitting, there is created a commercial paddle craft advisory committee. The committee members shall be named by the wildlife resources executive director and shall include, but not be limited to, a majority of commercial paddle craft outfitters and other interested stakeholders. The committee shall also strive to develop non-regulatory strategies to address issues and to facilitate access for all users. The members of the committee shall serve as volunteers and shall not be paid or reimbursed for time served as committee members. Amended by 2023 Tenn. Acts, ch. 235, s 4, eff. 4/25/2023. Amended by 2023 Tenn. Acts, ch. 235, s 3, eff. 4/25/2023. Amended by 2023 Tenn. Acts, ch. 235, s 2, eff. 4/25/2023. Amended by 2023 Tenn. Acts, ch. 235, s 1, eff. 4/25/2023. Amended by 2019 Tenn. Acts, ch. 347, s 2, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 347, s 1, eff. 7/1/2019. Added by 2018 Tenn. Acts, ch. 969, s 1, eff. 7/1/2018.
(a) As used in this section: (1) "In the aggregate" means the number of nonmotorized vessels by type rented in each water body; (2) "Nonmotorized vessels" means canoes, kayaks, stand-up paddle boards, tubes, and any other vessels powered only by their occupants and propelled by manual methods, including, but not limited to paddles and oars; and (3) "Waters of Tennessee" means any waters within the territorial limits of this state, except privately owned ponds or lakes not used for commercial purposes.
(1) "In the aggregate" means the number of nonmotorized vessels by type rented in each water body;
(2) "Nonmotorized vessels" means canoes, kayaks, stand-up paddle boards, tubes, and any other vessels powered only by their occupants and propelled by manual methods, including, but not limited to paddles and oars; and
(3) "Waters of Tennessee" means any waters within the territorial limits of this state, except privately owned ponds or lakes not used for commercial purposes.
(b) (1) The commission is authorized to establish rules, permits, and procedures regulating commercial operations that: (A) Lease or rent nonmotorized vessels for noncommercial use by the public on the waters of Tennessee; and (B) Utilize vessel launches or ramps, or other property, owned or managed by the agency. (2) The regulatory authority granted under subdivision (b)(1) does not: (A) Apply to commercial operations permitted by either the department of environment and conservation pursuant to title 11, chapter 8, or the United States forest service; (B) Apply to commercial operations permitted by the department of environment and conservation pursuant to a commercial use authorization under § 11-1-118 , or other law; or (C) Preclude the department of environment and conservation from issuing permits, licenses, or leases for commercial activities occurring within its jurisdiction.
(1) The commission is authorized to establish rules, permits, and procedures regulating commercial operations that: (A) Lease or rent nonmotorized vessels for noncommercial use by the public on the waters of Tennessee; and (B) Utilize vessel launches or ramps, or other property, owned or managed by the agency.
(A) Lease or rent nonmotorized vessels for noncommercial use by the public on the waters of Tennessee; and
(B) Utilize vessel launches or ramps, or other property, owned or managed by the agency.
(2) The regulatory authority granted under subdivision (b)(1) does not: (A) Apply to commercial operations permitted by either the department of environment and conservation pursuant to title 11, chapter 8, or the United States forest service; (B) Apply to commercial operations permitted by the department of environment and conservation pursuant to a commercial use authorization under § 11-1-118 , or other law; or (C) Preclude the department of environment and conservation from issuing permits, licenses, or leases for commercial activities occurring within its jurisdiction.
(A) Apply to commercial operations permitted by either the department of environment and conservation pursuant to title 11, chapter 8, or the United States forest service;
(B) Apply to commercial operations permitted by the department of environment and conservation pursuant to a commercial use authorization under § 11-1-118 , or other law; or
(C) Preclude the department of environment and conservation from issuing permits, licenses, or leases for commercial activities occurring within its jurisdiction.
(c) (1) In maintaining information on the number and type of non-motorized vessels leased each day, the information shall be submitted under seal only for the use of the commission and the agency, and may only be used in the aggregate in agency reports and records. (2) No later than October 31, 2023, and every October 31 thereafter, an outfitter shall submit an annual report providing the agency-required records for activities that occurred since the last report. An outfitter shall supplement its report by December 30 for activity occurring subsequent to the outfitter's October 31 report. If a report is incomplete and the agency has provided notice that the outfitter has provided incomplete information, the outfitter has thirty (30) days from the date of notification to submit additional information to the agency.
(1) In maintaining information on the number and type of non-motorized vessels leased each day, the information shall be submitted under seal only for the use of the commission and the agency, and may only be used in the aggregate in agency reports and records.
(2) No later than October 31, 2023, and every October 31 thereafter, an outfitter shall submit an annual report providing the agency-required records for activities that occurred since the last report. An outfitter shall supplement its report by December 30 for activity occurring subsequent to the outfitter's October 31 report. If a report is incomplete and the agency has provided notice that the outfitter has provided incomplete information, the outfitter has thirty (30) days from the date of notification to submit additional information to the agency.
(d) The commission may only assess a fee on a commercial outfitter by rule, and no such rule may take effect before July 1, 2021.
(e) The commission may consider the implementation of a multiple year permit system in consideration of the business history of long-term commercial outfitters.
(f) To insure that the views of the commercial paddle craft outfitter community are appropriately communicated as well as to assist the fish and wildlife commission in developing rules and regulations on commercial outfitting, there is created a commercial paddle craft advisory committee. The committee members shall be named by the wildlife resources executive director and shall include, but not be limited to, a majority of commercial paddle craft outfitters and other interested stakeholders. The committee shall also strive to develop non-regulatory strategies to address issues and to facilitate access for all users. The members of the committee shall serve as volunteers and shall not be paid or reimbursed for time served as committee members.
Amended by 2023 Tenn. Acts, ch. 235, s 4, eff. 4/25/2023.
Amended by 2023 Tenn. Acts, ch. 235, s 3, eff. 4/25/2023.
Amended by 2023 Tenn. Acts, ch. 235, s 2, eff. 4/25/2023.
Amended by 2023 Tenn. Acts, ch. 235, s 1, eff. 4/25/2023.
Amended by 2019 Tenn. Acts, ch. 347, s 2, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 347, s 1, eff. 7/1/2019.
Added by 2018 Tenn. Acts, ch. 969, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 69-5-809 — TN Code / Title 69 / Chapter 5 / Section 69-5-809
Employment of counsel - Payment of fee
Status: in_force

When any appeal is taken from any order of the county court made in any proceedings before it under this chapter, the county court may employ counsel to represent the interests of the levee or drainage district affected by such appeal, on the trial thereof in the appellate courts, and the expense of such counsel shall be paid out of the drainage fund of such district. Acts 1909, ch. 185, § 14; Shan., § 3871a73; Code 1932, § 4301; T.C.A. (orig. ed.), § 70-1311; T.C.A. § 69-6-809.
When any appeal is taken from any order of the county court made in any proceedings before it under this chapter, the county court may employ counsel to represent the interests of the levee or drainage district affected by such appeal, on the trial thereof in the appellate courts, and the expense of such counsel shall be paid out of the drainage fund of such district.
Acts 1909, ch. 185, § 14; Shan., § 3871a73; Code 1932, § 4301; T.C.A. (orig. ed.), § 70-1311; T.C.A. § 69-6-809.
Tenn. Code Ann. § 69-6-131 — TN Code / Title 69 / Chapter 6 / Section 69-6-131
Matters to be determined at hearing - Appeal
Status: in_force

(a) At the time and place set for such hearing, or at any subsequent date to which such hearing may be adjourned by order of court, the court shall proceed to hear proof and determine by decree: (1) The soundness and economic feasibility of the proposed plan or project; (2) The probable cost of the project; (3) The benefits to be derived from the proposed project, and whether such benefits are manifestly in the best interest of the lands affected; (4) Whether these benefits will be conferred generally upon all of the lands of the district, or upon only certain lands in the district, in the latter event the lands calculated to be benefited shall be described as to acreage, boundaries and ownership; and (5) The recommended method of financing the cost of the project, whether by some general obligation of the district to be defrayed by revenues from the project or work, or by ad valorem tax to be levied by special act of the general assembly upon all of the lands of the district in case all of the lands are benefited generally by such project, or by special assessment against the lands benefited by the proposed improvement. (b) Any landowner or other interested party aggrieved by the watershed improvement decree of the court has the same right of appeal as provided to any other litigant in the court or to any interested party in connection with any court decree affecting them as provided under the drainage laws of Tennessee, compiled in chapter 5 of this title. Acts 1955, ch. 112, § 21; T.C.A., § 70-1831; T.C.A. § 69-7-131.
(a) At the time and place set for such hearing, or at any subsequent date to which such hearing may be adjourned by order of court, the court shall proceed to hear proof and determine by decree: (1) The soundness and economic feasibility of the proposed plan or project; (2) The probable cost of the project; (3) The benefits to be derived from the proposed project, and whether such benefits are manifestly in the best interest of the lands affected; (4) Whether these benefits will be conferred generally upon all of the lands of the district, or upon only certain lands in the district, in the latter event the lands calculated to be benefited shall be described as to acreage, boundaries and ownership; and (5) The recommended method of financing the cost of the project, whether by some general obligation of the district to be defrayed by revenues from the project or work, or by ad valorem tax to be levied by special act of the general assembly upon all of the lands of the district in case all of the lands are benefited generally by such project, or by special assessment against the lands benefited by the proposed improvement.
(1) The soundness and economic feasibility of the proposed plan or project;
(2) The probable cost of the project;
(3) The benefits to be derived from the proposed project, and whether such benefits are manifestly in the best interest of the lands affected;
(4) Whether these benefits will be conferred generally upon all of the lands of the district, or upon only certain lands in the district, in the latter event the lands calculated to be benefited shall be described as to acreage, boundaries and ownership; and
(5) The recommended method of financing the cost of the project, whether by some general obligation of the district to be defrayed by revenues from the project or work, or by ad valorem tax to be levied by special act of the general assembly upon all of the lands of the district in case all of the lands are benefited generally by such project, or by special assessment against the lands benefited by the proposed improvement.
(b) Any landowner or other interested party aggrieved by the watershed improvement decree of the court has the same right of appeal as provided to any other litigant in the court or to any interested party in connection with any court decree affecting them as provided under the drainage laws of Tennessee, compiled in chapter 5 of this title.
Acts 1955, ch. 112, § 21; T.C.A., § 70-1831; T.C.A. § 69-7-131.
Tenn. Code Ann. § 69-11-115 — TN Code / Title 69 / Chapter 11 / Section 69-11-115
Inspections
Status: in_force

The public safety and welfare requiring it, the commissioner shall conduct a program of regular inspections of dams, reservoirs, and downstream floodplains within the state. The frequency of such inspections shall be as determined by the commissioner, who may establish different inspection intervals for dams based on their hazard categories. Acts 1973, ch. 182, § 6; T.C.A., § 70-2516; Acts 1984, ch. 805, § 5; T.C.A. § 69-12-115.
The public safety and welfare requiring it, the commissioner shall conduct a program of regular inspections of dams, reservoirs, and downstream floodplains within the state. The frequency of such inspections shall be as determined by the commissioner, who may establish different inspection intervals for dams based on their hazard categories.
Acts 1973, ch. 182, § 6; T.C.A., § 70-2516; Acts 1984, ch. 805, § 5; T.C.A. § 69-12-115.
Tenn. Code Ann. § 69-5-505 — TN Code / Title 69 / Chapter 5 / Section 69-5-505
Damages - Recording and certification of award
Status: in_force

The circuit court shall hear any such appeal de novo; and if the appeal is from the amount of damages allowed by the county court, the amount ascertained and fixed by the circuit court shall be entered of record, but no judgment shall be entered for that amount. The amount thus ascertained shall be certified by the clerk of the circuit court to the county court, which court shall thereafter proceed as if the amount had been by it allowed the claimant as damages. Acts 1909, ch. 185, §8; Shan., § 3871a43; Code 1932, § 4260; T.C.A. (orig. ed.), § 70-1105; T.C.A. § 69-6-505.
The circuit court shall hear any such appeal de novo; and if the appeal is from the amount of damages allowed by the county court, the amount ascertained and fixed by the circuit court shall be entered of record, but no judgment shall be entered for that amount. The amount thus ascertained shall be certified by the clerk of the circuit court to the county court, which court shall thereafter proceed as if the amount had been by it allowed the claimant as damages.
Acts 1909, ch. 185, §8; Shan., § 3871a43; Code 1932, § 4260; T.C.A. (orig. ed.), § 70-1105; T.C.A. § 69-6-505.
Tenn. Code Ann. § 69-5-819 — TN Code / Title 69 / Chapter 5 / Section 69-5-819
Assessments become liens on lands
Status: in_force

The assessments provided for, when made and levied, shall be and become valid liens upon such lands so assessed as state and county taxes are liens upon lands. Acts 1909, ch. 185, § 33; Shan., § 3871a123; Code 1932, § 4354; T.C.A. (orig. ed.), § 70-1323; T.C.A. § 69-6-819.
The assessments provided for, when made and levied, shall be and become valid liens upon such lands so assessed as state and county taxes are liens upon lands.
Acts 1909, ch. 185, § 33; Shan., § 3871a123; Code 1932, § 4354; T.C.A. (orig. ed.), § 70-1323; T.C.A. § 69-6-819.
Tenn. Code Ann. § 69-5-916 — TN Code / Title 69 / Chapter 5 / Section 69-5-916
Multi-county districts - Monthly settlements by trustees
Status: in_force

Where a drainage district is situated in more than one (1) county, it is the duty of the trustee of any county in which such district lies to make monthly settlement with the county mayor of the county in which the district was organized, as provided by § 69-5-915 ; provided, that all cash collections shall be paid to the trustee of the county in which the district was organized to be placed to the credit of the drainage district as now provided by law. Acts 1935, ch. 159, § 2; C. Supp. 1950, § 4292.6 (Williams, § 4244.2); impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1416; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-916.
Where a drainage district is situated in more than one (1) county, it is the duty of the trustee of any county in which such district lies to make monthly settlement with the county mayor of the county in which the district was organized, as provided by § 69-5-915 ; provided, that all cash collections shall be paid to the trustee of the county in which the district was organized to be placed to the credit of the drainage district as now provided by law.
Acts 1935, ch. 159, § 2; C. Supp. 1950, § 4292.6 (Williams, § 4244.2); impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1416; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-916.
Tenn. Code Ann. § 69-5-715 — TN Code / Title 69 / Chapter 5 / Section 69-5-715
Use by landowner subject to control of district directors
Status: in_force

The drainage district, or drainage and levee district, or the directors thereof, has the right to control the manner in which lateral drains are emptied into the main ditch, drain, or watercourse, in order to prevent such main ditch or drain from being filled or blocked by silt or sand, brought in by such lateral drains. Acts 1913 (1st Ex. Sess.), ch. 25, § 9; Shan., § 3871a96; Code 1932, §4324; T.C.A. (orig. ed.), § 70-1221; T.C.A. § 69-6-715.
The drainage district, or drainage and levee district, or the directors thereof, has the right to control the manner in which lateral drains are emptied into the main ditch, drain, or watercourse, in order to prevent such main ditch or drain from being filled or blocked by silt or sand, brought in by such lateral drains.
Acts 1913 (1st Ex. Sess.), ch. 25, § 9; Shan., § 3871a96; Code 1932, §4324; T.C.A. (orig. ed.), § 70-1221; T.C.A. § 69-6-715.
Tenn. Code Ann. § 69-9-214 — TN Code / Title 69 / Chapter 9 / Section 69-9-214
Judicial notice of all published rules and regulations and proclamations
Status: in_force

Courts shall take judicial notice of all published rules and regulations and proclamations promulgated pursuant to this chapter and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1965, ch. 334, § 19; 1975, ch. 184, §§ 17, 18; T.C.A., § 70-2219; T.C.A. §69-10-214; Acts 2007 , ch. 185, § 10.
Courts shall take judicial notice of all published rules and regulations and proclamations promulgated pursuant to this chapter and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1965, ch. 334, § 19; 1975, ch. 184, §§ 17, 18; T.C.A., § 70-2219; T.C.A. §69-10-214; Acts 2007 , ch. 185, § 10.
Tenn. Code Ann. § 69-5-805 — TN Code / Title 69 / Chapter 5 / Section 69-5-805
Bonds of trustee and county clerk
Status: in_force

The county trustee, before receiving the assessment book, and proceeding to the collection of the assessments, and the clerk, before receiving the funds from the trustee, shall, respectively, enter into a bond, in double the amount that will come into their hands, respectively, payable to the state of Tennessee, and conditioned for the faithful paying over and accounting for the funds arising from the assessment. Acts 1915, ch. 63, §2; Shan., § 3871a67; Code 1932, § 4295; T.C.A. (orig. ed.), § 70-1305; T.C.A. § 69-6-805.
The county trustee, before receiving the assessment book, and proceeding to the collection of the assessments, and the clerk, before receiving the funds from the trustee, shall, respectively, enter into a bond, in double the amount that will come into their hands, respectively, payable to the state of Tennessee, and conditioned for the faithful paying over and accounting for the funds arising from the assessment.
Acts 1915, ch. 63, §2; Shan., § 3871a67; Code 1932, § 4295; T.C.A. (orig. ed.), § 70-1305; T.C.A. § 69-6-805.
Tenn. Code Ann. § 69-6-103 — TN Code / Title 69 / Chapter 6 / Section 69-6-103
Organization of district - Petition - Copies - Certification - Filing
Status: in_force

(a) (1) Before any watershed district is organized, a petition shall be filed in the office of the Tennessee soil and water conservation commission, signed by not less than twenty percent (20%) of the landowners of the real property, and representing twenty-five percent (25%) of the acreage within the proposed district, as shown by a verified enumeration of the landowners taken by a landowner of the proposed district to be selected by the first ten (10) signers of the petition. In the event the proposed district embraces land in more than one (1) county, the enumeration shall be separated as to counties. (2) (A) A verified copy of the enumeration shall be filed with the county clerk of each county in which any portion of the proposed district is located. (B) A duplicate copy of the petition, containing the text of the petition in full, shall be filed with the county clerk of each county where any part of the proposed district lies. (b) There shall be filed with the Tennessee soil and water conservation commission, as an exhibit to the petition, a certification as to the number of landowners within the proposed district, that the petition is signed by not less than twenty percent (20%) of such landowners, and that the signers of the petition represent twenty-five percent (25%) of the acreage within the proposed district. The certification as to each respective county shall be signed by the county clerk, or the county assessor of property of such county. Amended by 2021 Tenn. Acts, ch. 203, s 21, eff. 4/22/2021. Acts 1955, ch. 112, §§ 3, 5; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., §§ 70-1803, 70-1805; impl. am. Acts 1984, ch. 687, § 3; T.C.A., § 69-7-105; T.C.A. § 69-7-102 .
(a) (1) Before any watershed district is organized, a petition shall be filed in the office of the Tennessee soil and water conservation commission, signed by not less than twenty percent (20%) of the landowners of the real property, and representing twenty-five percent (25%) of the acreage within the proposed district, as shown by a verified enumeration of the landowners taken by a landowner of the proposed district to be selected by the first ten (10) signers of the petition. In the event the proposed district embraces land in more than one (1) county, the enumeration shall be separated as to counties. (2) (A) A verified copy of the enumeration shall be filed with the county clerk of each county in which any portion of the proposed district is located. (B) A duplicate copy of the petition, containing the text of the petition in full, shall be filed with the county clerk of each county where any part of the proposed district lies.
(1) Before any watershed district is organized, a petition shall be filed in the office of the Tennessee soil and water conservation commission, signed by not less than twenty percent (20%) of the landowners of the real property, and representing twenty-five percent (25%) of the acreage within the proposed district, as shown by a verified enumeration of the landowners taken by a landowner of the proposed district to be selected by the first ten (10) signers of the petition. In the event the proposed district embraces land in more than one (1) county, the enumeration shall be separated as to counties.
(2) (A) A verified copy of the enumeration shall be filed with the county clerk of each county in which any portion of the proposed district is located. (B) A duplicate copy of the petition, containing the text of the petition in full, shall be filed with the county clerk of each county where any part of the proposed district lies.
(A) A verified copy of the enumeration shall be filed with the county clerk of each county in which any portion of the proposed district is located.
(B) A duplicate copy of the petition, containing the text of the petition in full, shall be filed with the county clerk of each county where any part of the proposed district lies.
(b) There shall be filed with the Tennessee soil and water conservation commission, as an exhibit to the petition, a certification as to the number of landowners within the proposed district, that the petition is signed by not less than twenty percent (20%) of such landowners, and that the signers of the petition represent twenty-five percent (25%) of the acreage within the proposed district. The certification as to each respective county shall be signed by the county clerk, or the county assessor of property of such county.
Amended by 2021 Tenn. Acts, ch. 203, s 21, eff. 4/22/2021.
Acts 1955, ch. 112, §§ 3, 5; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., §§ 70-1803, 70-1805; impl. am. Acts 1984, ch. 687, § 3; T.C.A., § 69-7-105; T.C.A. § 69-7-102 .
Tenn. Code Ann. § 69-5-109 — TN Code / Title 69 / Chapter 5 / Section 69-5-109
Appeal from preliminary decree
Status: in_force

Any party aggrieved may appeal from the decision of the court in making or refusing to make the assessment. The appeal shall be made in the same manner and upon the same terms provided for appeals from the action of the court in creating or refusing to create a drainage district as provided in part 5 of this chapter. Acts 1915, ch. 63, §1; Shan., § 3871a12; Code 1932, § 4221; T.C.A. (orig. ed.), § 70-709; T.C.A. § 69-6-109 .
Any party aggrieved may appeal from the decision of the court in making or refusing to make the assessment. The appeal shall be made in the same manner and upon the same terms provided for appeals from the action of the court in creating or refusing to create a drainage district as provided in part 5 of this chapter.
Acts 1915, ch. 63, §1; Shan., § 3871a12; Code 1932, § 4221; T.C.A. (orig. ed.), § 70-709; T.C.A. § 69-6-109 .
Tenn. Code Ann. § 69-9-505 — TN Code / Title 69 / Chapter 9 / Section 69-9-505
Operation by children prohibited
Status: in_force

It is unlawful for any person under twelve (12) years of age to operate a personal watercraft upon the waters of Tennessee unless such person is under the direct supervision of an adult. "Direct supervision" means being in such proximity with the operator so as to be able to take immediate control of the vessel. Acts 1996, ch. 808, §1; T.C.A. § 69-10-505.
It is unlawful for any person under twelve (12) years of age to operate a personal watercraft upon the waters of Tennessee unless such person is under the direct supervision of an adult. "Direct supervision" means being in such proximity with the operator so as to be able to take immediate control of the vessel.
Acts 1996, ch. 808, §1; T.C.A. § 69-10-505.
Tenn. Code Ann. § 69-4-104 — TN Code / Title 69 / Chapter 4 / Section 69-4-104
Engineer - Contracts
Status: in_force

The levee commissioners shall employ a competent engineer to assist them in the location and construction of such levee, and shall have power to let out contracts for the work. Acts 1871, ch. 131, §§ 8-10; Shan., §§ 3861-3863; Code 1932, §§ 4199-4201; impl. am. Acts 1978, ch. 934, §§7, 16, 36; T.C.A. (orig. ed.), §§70-607 -- 70-609; Acts 1988, ch. 750, § 69; T.C.A. § 69-5-104 .
The levee commissioners shall employ a competent engineer to assist them in the location and construction of such levee, and shall have power to let out contracts for the work.
Acts 1871, ch. 131, §§ 8-10; Shan., §§ 3861-3863; Code 1932, §§ 4199-4201; impl. am. Acts 1978, ch. 934, §§7, 16, 36; T.C.A. (orig. ed.), §§70-607 -- 70-609; Acts 1988, ch. 750, § 69; T.C.A. § 69-5-104 .
Tenn. Code Ann. § 69-6-115 — TN Code / Title 69 / Chapter 6 / Section 69-6-115
Filing fees
Status: in_force

(a) The Tennessee soil and water conservation commission is not entitled to collect any fee for the filing of the petition, the issuing of the charter, or other services rendered by it under this chapter. (b) The fee of the county register for recording the charter of such district shall be one dollar ($1.00). (c) The county clerk and the county assessor of property are not entitled to any fee for the services required to be rendered by them under this chapter. Amended by 2021 Tenn. Acts, ch. 203, s 28, eff. 4/22/2021. Acts 1955, ch. 112, § 10; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 70-1815; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-115.
(a) The Tennessee soil and water conservation commission is not entitled to collect any fee for the filing of the petition, the issuing of the charter, or other services rendered by it under this chapter.
(b) The fee of the county register for recording the charter of such district shall be one dollar ($1.00).
(c) The county clerk and the county assessor of property are not entitled to any fee for the services required to be rendered by them under this chapter.
Amended by 2021 Tenn. Acts, ch. 203, s 28, eff. 4/22/2021.
Acts 1955, ch. 112, § 10; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 70-1815; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-115.
Tenn. Code Ann. § 69-7-307 — TN Code / Title 69 / Chapter 7 / Section 69-7-307
Violations - Orders - Penalties - Hearings - Injunction
Status: in_force

(a) (1) Whenever the commissioner has reason to believe that a person is withdrawing water without having a valid registration, or has supplied false or materially misleading information to the department or has violated any order or rule promulgated pursuant to this part, the commissioner may cause a written administrative order to be delivered to the alleged violator. The order shall specify the provision of this part or rule or order alleged to be violated, the facts alleged to constitute a violation thereof, and may order that corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing. (2) Any such order shall become final and not subject to review unless the person or persons named in the order request by written petition a hearing no later than thirty (30) days after the date such order is delivered; provided, that the board may review such final order on the same grounds upon which a court of the state may review default judgments. (b) Except as otherwise expressly provided, any order issued by or under authority of this part may be served on any person by the commissioner or any person designated by the commissioner, by certified mail, or in accordance with Tennessee statutes authorizing service of process in civil actions. (c) Any person who violates or fails to comply with any provision of this part, any order of the commissioner or board issued pursuant to this part or any rule, regulation, or standard adopted pursuant to this part shall be subject to a civil penalty of not less than fifty dollars ($50.00) nor more than seven thousand five hundred dollars ($7,500) per day for each day of violation. Each day such violation continues is a separate violation. (d) In addition to the commissioner bringing an action in any court of competent jurisdiction, a civil penalty may be assessed in the following manner: (1) The commissioner may issue an assessment against any person responsible for the violation; (2) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections and asking for a hearing before the board in the matter involved. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; (3) Whenever any order or assessment has become final because of a person's failure to appeal the commissioner's order or assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such order or assessment as a confession of judgment in the amount of the assessment; and (4) In assessing a civil penalty, the following factors may be considered: (A) The harm done or potential for harm to the public health or the environment; (B) The harm done or potential for harm to the regulatory program by the violation; (C) The economic benefit gained by the violator; (D) The amount of effort put forth by the violator to avoid or to remedy the violation; and (E) Any unusual or extraordinary enforcement costs incurred by the commissioner. (e) Any hearing or rehearing brought before the board shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (f) The commissioner may also initiate an action in any court of competent jurisdiction seeking a judgment for any unpaid penalties. (g) When there is reason to believe that a person has violated, or is about to violate, any of the provisions of this part or orders issued under this part, the commissioner may institute proceedings in the appropriate court for injunctive relief. (h) Any person intentionally violating, or failing, neglecting, or refusing to comply with, any of the provisions of this part or rules or regulations commits a Class C misdemeanor. Each day upon which such violation occurs is a separate offense. Acts 2002, ch. 800, §8; T.C.A. § 69-8-307.
(a) (1) Whenever the commissioner has reason to believe that a person is withdrawing water without having a valid registration, or has supplied false or materially misleading information to the department or has violated any order or rule promulgated pursuant to this part, the commissioner may cause a written administrative order to be delivered to the alleged violator. The order shall specify the provision of this part or rule or order alleged to be violated, the facts alleged to constitute a violation thereof, and may order that corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing. (2) Any such order shall become final and not subject to review unless the person or persons named in the order request by written petition a hearing no later than thirty (30) days after the date such order is delivered; provided, that the board may review such final order on the same grounds upon which a court of the state may review default judgments.
(1) Whenever the commissioner has reason to believe that a person is withdrawing water without having a valid registration, or has supplied false or materially misleading information to the department or has violated any order or rule promulgated pursuant to this part, the commissioner may cause a written administrative order to be delivered to the alleged violator. The order shall specify the provision of this part or rule or order alleged to be violated, the facts alleged to constitute a violation thereof, and may order that corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing.
(2) Any such order shall become final and not subject to review unless the person or persons named in the order request by written petition a hearing no later than thirty (30) days after the date such order is delivered; provided, that the board may review such final order on the same grounds upon which a court of the state may review default judgments.
(b) Except as otherwise expressly provided, any order issued by or under authority of this part may be served on any person by the commissioner or any person designated by the commissioner, by certified mail, or in accordance with Tennessee statutes authorizing service of process in civil actions.
(c) Any person who violates or fails to comply with any provision of this part, any order of the commissioner or board issued pursuant to this part or any rule, regulation, or standard adopted pursuant to this part shall be subject to a civil penalty of not less than fifty dollars ($50.00) nor more than seven thousand five hundred dollars ($7,500) per day for each day of violation. Each day such violation continues is a separate violation.
(d) In addition to the commissioner bringing an action in any court of competent jurisdiction, a civil penalty may be assessed in the following manner: (1) The commissioner may issue an assessment against any person responsible for the violation; (2) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections and asking for a hearing before the board in the matter involved. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; (3) Whenever any order or assessment has become final because of a person's failure to appeal the commissioner's order or assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such order or assessment as a confession of judgment in the amount of the assessment; and (4) In assessing a civil penalty, the following factors may be considered: (A) The harm done or potential for harm to the public health or the environment; (B) The harm done or potential for harm to the regulatory program by the violation; (C) The economic benefit gained by the violator; (D) The amount of effort put forth by the violator to avoid or to remedy the violation; and (E) Any unusual or extraordinary enforcement costs incurred by the commissioner.
(1) The commissioner may issue an assessment against any person responsible for the violation;
(2) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections and asking for a hearing before the board in the matter involved. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final;
(3) Whenever any order or assessment has become final because of a person's failure to appeal the commissioner's order or assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such order or assessment as a confession of judgment in the amount of the assessment; and
(4) In assessing a civil penalty, the following factors may be considered: (A) The harm done or potential for harm to the public health or the environment; (B) The harm done or potential for harm to the regulatory program by the violation; (C) The economic benefit gained by the violator; (D) The amount of effort put forth by the violator to avoid or to remedy the violation; and (E) Any unusual or extraordinary enforcement costs incurred by the commissioner.
(A) The harm done or potential for harm to the public health or the environment;
(B) The harm done or potential for harm to the regulatory program by the violation;
(C) The economic benefit gained by the violator;
(D) The amount of effort put forth by the violator to avoid or to remedy the violation; and
(E) Any unusual or extraordinary enforcement costs incurred by the commissioner.
(e) Any hearing or rehearing brought before the board shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(f) The commissioner may also initiate an action in any court of competent jurisdiction seeking a judgment for any unpaid penalties.
(g) When there is reason to believe that a person has violated, or is about to violate, any of the provisions of this part or orders issued under this part, the commissioner may institute proceedings in the appropriate court for injunctive relief.
(h) Any person intentionally violating, or failing, neglecting, or refusing to comply with, any of the provisions of this part or rules or regulations commits a Class C misdemeanor. Each day upon which such violation occurs is a separate offense.
Acts 2002, ch. 800, §8; T.C.A. § 69-8-307.
Tenn. Code Ann. § 69-9-225 — TN Code / Title 69 / Chapter 9 / Section 69-9-225
Personal flotation devices required for persons twelve (12)
Status: in_force

(a) All persons twelve (12) years of age and under in an open boat or on an open deck of a vessel being used for recreational purposes on the waters of this state shall wear a United States coast guard approved wearable personal flotation device while such vessel is underway. Any personal flotation devices required by this section shall be in good and serviceable condition, appropriately sized and properly worn by the person. It is unlawful for any person to operate a vessel in violation of this section. (b) This section does not apply to a commercial vessel owned and operated by a commercial entity that charges a per passenger fee. (c) A violation of this section is a Class C misdemeanor punishable by a fine of not more than fifty dollars ($50.00). (d) Any person cited under this section shall be given thirty (30) days to provide to the officer proof of legal age and for good cause shown, in the judgment of the officer, such period shall be extended for an additional period of thirty (30) days. In the event the proof shows that the person was of legal age at the time of arrest, the individual shall not be required to appear in court and the court, upon request of the officer, shall dismiss the citation and there shall be no costs assessed to the person. Acts 1997, ch. 57, §§ 1, 2; T.C.A. § 69-10-225.
(a) All persons twelve (12) years of age and under in an open boat or on an open deck of a vessel being used for recreational purposes on the waters of this state shall wear a United States coast guard approved wearable personal flotation device while such vessel is underway. Any personal flotation devices required by this section shall be in good and serviceable condition, appropriately sized and properly worn by the person. It is unlawful for any person to operate a vessel in violation of this section.
(b) This section does not apply to a commercial vessel owned and operated by a commercial entity that charges a per passenger fee.
(c) A violation of this section is a Class C misdemeanor punishable by a fine of not more than fifty dollars ($50.00).
(d) Any person cited under this section shall be given thirty (30) days to provide to the officer proof of legal age and for good cause shown, in the judgment of the officer, such period shall be extended for an additional period of thirty (30) days. In the event the proof shows that the person was of legal age at the time of arrest, the individual shall not be required to appear in court and the court, upon request of the officer, shall dismiss the citation and there shall be no costs assessed to the person.
Acts 1997, ch. 57, §§ 1, 2; T.C.A. § 69-10-225.
Tenn. Code Ann. § 69-5-203 — TN Code / Title 69 / Chapter 5 / Section 69-5-203
Damages fixed by viewers - Report
Status: in_force

The viewers appointed to assess damages, after being duly sworn to act impartially and faithfully to the best of their ability, shall proceed to view the premises and determine and fix the amount of damages to which each claimant is entitled, and file reports in writing with the county clerk showing the amount of damages to which each claimant would be entitled because of the establishment of the proposed improvement. Acts 1909, ch. 185, §7; Shan., § 3871a35; Code 1932, § 4252; T.C.A. (orig. ed.), § 70-803; T.C.A. § 69-6-203.
The viewers appointed to assess damages, after being duly sworn to act impartially and faithfully to the best of their ability, shall proceed to view the premises and determine and fix the amount of damages to which each claimant is entitled, and file reports in writing with the county clerk showing the amount of damages to which each claimant would be entitled because of the establishment of the proposed improvement.
Acts 1909, ch. 185, §7; Shan., § 3871a35; Code 1932, § 4252; T.C.A. (orig. ed.), § 70-803; T.C.A. § 69-6-203.
Tenn. Code Ann. § 69-7-304 — TN Code / Title 69 / Chapter 7 / Section 69-7-304
Registration of withdrawal from surface water or groundwater source - Exceptions
Status: in_force

(a) Except as provided in subsections (c) and (d), no person shall withdraw ten thousand (10,000) or more gallons of water per day from a surface water or a groundwater source unless the withdrawal is currently registered with the commissioner. The commissioner shall accept a recognized method of measuring the quantities of water withdrawn. (b) Any person who causes such a withdrawal, or proposes such a withdrawal shall annually register such water withdrawal with the commissioner on forms provided for the purpose. For water wells drilled pursuant to § 69-10-101 , the initial withdrawal may be registered by the well driller, on behalf of the person causing or proposing the withdrawal, by providing the required information, including an estimate of the withdrawal amount, with the notification of the intent to drill a well and by verifying or modifying, or both, the information when the report of the well driller is delivered to the commissioner. Subsequent withdrawals from water wells shall be registered annually by the person who causes such a withdrawal, or proposes such a withdrawal. (c) A person may withdraw water for emergencies involving human health and safety without having first registered the withdrawal, provided it is not done on a regular or recurring basis. (d) A person may withdraw water for agricultural purposes without having registered the withdrawal. If a person withdraws water for agricultural purposes and another purpose, the water used for agriculture shall not count towards the calculation of whether the withdrawal exceeds ten thousand (10,000) gallons per day. For purposes of this part, "agricultural purposes" shall mean use in the production or harvesting of an agricultural product, including, but not limited to, irrigation of crops, nursery stock production as defined at § 43-1-112 , and watering of poultry or livestock. Acts 2002, ch. 800, §5; T.C.A. § 69-8-304.
(a) Except as provided in subsections (c) and (d), no person shall withdraw ten thousand (10,000) or more gallons of water per day from a surface water or a groundwater source unless the withdrawal is currently registered with the commissioner. The commissioner shall accept a recognized method of measuring the quantities of water withdrawn.
(b) Any person who causes such a withdrawal, or proposes such a withdrawal shall annually register such water withdrawal with the commissioner on forms provided for the purpose. For water wells drilled pursuant to § 69-10-101 , the initial withdrawal may be registered by the well driller, on behalf of the person causing or proposing the withdrawal, by providing the required information, including an estimate of the withdrawal amount, with the notification of the intent to drill a well and by verifying or modifying, or both, the information when the report of the well driller is delivered to the commissioner. Subsequent withdrawals from water wells shall be registered annually by the person who causes such a withdrawal, or proposes such a withdrawal.
(c) A person may withdraw water for emergencies involving human health and safety without having first registered the withdrawal, provided it is not done on a regular or recurring basis.
(d) A person may withdraw water for agricultural purposes without having registered the withdrawal. If a person withdraws water for agricultural purposes and another purpose, the water used for agriculture shall not count towards the calculation of whether the withdrawal exceeds ten thousand (10,000) gallons per day. For purposes of this part, "agricultural purposes" shall mean use in the production or harvesting of an agricultural product, including, but not limited to, irrigation of crops, nursery stock production as defined at § 43-1-112 , and watering of poultry or livestock.
Acts 2002, ch. 800, §5; T.C.A. § 69-8-304.
Tenn. Code Ann. § 69-5-133 — TN Code / Title 69 / Chapter 5 / Section 69-5-133
Expense fund may be required, or judgment rendered on bond
Status: in_force

If the county legislative body does not see fit to order such preliminary expenses so paid, and the parties to whom such expenses may be owing are not willing to agree to wait until a fund for their payment can be provided by special assessments upon such district, then the county court by proper order shall require the petitioner or petitioners to pay to the county clerk a fund sufficient to pay such preliminary expenses, and the bond required of petitioners by § 69-5-103 shall be liable for such preliminary expenses, and judgment on the bond may be rendered at any time by the county court to the end such fund for expenses be provided, just as courts render judgments on cost bonds, and one such judgment shall not prevent other judgments on the same bond, so the sum of the judgments does not exceed the penalty of the bond. Acts 1909, ch. 185, § 39; Shan., § 3871a151; Code 1932, §4386; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 70-740; T.C.A. § 69-6-133 .
If the county legislative body does not see fit to order such preliminary expenses so paid, and the parties to whom such expenses may be owing are not willing to agree to wait until a fund for their payment can be provided by special assessments upon such district, then the county court by proper order shall require the petitioner or petitioners to pay to the county clerk a fund sufficient to pay such preliminary expenses, and the bond required of petitioners by § 69-5-103 shall be liable for such preliminary expenses, and judgment on the bond may be rendered at any time by the county court to the end such fund for expenses be provided, just as courts render judgments on cost bonds, and one such judgment shall not prevent other judgments on the same bond, so the sum of the judgments does not exceed the penalty of the bond.
Acts 1909, ch. 185, § 39; Shan., § 3871a151; Code 1932, §4386; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A. (orig. ed.), § 70-740; T.C.A. § 69-6-133 .
Tenn. Code Ann. § 69-3-137 — TN Code / Title 69 / Chapter 3 / Section 69-3-137
Pollution notification form
Status: in_force

(a) The department of environment and conservation and the department of agriculture shall devise a form to be used to notify the departments of a situation in which a person alleges that pollution has resulted or will result from a forestry operation that may have violated the Water Quality Control Act, compiled in this chapter. (b) This form, together with instructions and information concerning the preferred method and locations for filing such notices, shall be prominently displayed and maintained in a downloadable form on the internet websites maintained by each department. The form and instructions shall be simple and informative and shall avoid the use of technical terms. Any toll-free number available to accept public inquiries or complaints concerning pollution from silvicultural activity shall also be displayed. (c) The departments shall continue to accept notifications and requests for investigation of silvicultural activities by telephone, in writing, and when feasible by electronic mail. Nothing in this section shall be construed to require that any notice or requests for investigation of a silvicultural activity must be on the form that is prepared pursuant to this section or that any notice to a department or any complaint must meet any technical requirement. Acts 2000, ch. 849, § 1.
(a) The department of environment and conservation and the department of agriculture shall devise a form to be used to notify the departments of a situation in which a person alleges that pollution has resulted or will result from a forestry operation that may have violated the Water Quality Control Act, compiled in this chapter.
(b) This form, together with instructions and information concerning the preferred method and locations for filing such notices, shall be prominently displayed and maintained in a downloadable form on the internet websites maintained by each department. The form and instructions shall be simple and informative and shall avoid the use of technical terms. Any toll-free number available to accept public inquiries or complaints concerning pollution from silvicultural activity shall also be displayed.
(c) The departments shall continue to accept notifications and requests for investigation of silvicultural activities by telephone, in writing, and when feasible by electronic mail. Nothing in this section shall be construed to require that any notice or requests for investigation of a silvicultural activity must be on the form that is prepared pursuant to this section or that any notice to a department or any complaint must meet any technical requirement.
Acts 2000, ch. 849, § 1.
Tenn. Code Ann. § 69-5-834 — TN Code / Title 69 / Chapter 5 / Section 69-5-834
Fiscal agent - Purchase by district of lands sold for delinquency
Status: in_force

To assist in the keeping of the tax books, the collection of taxes, the remitting of funds to pay maturing bonds and coupons, and to be of such other service in the general management of the affairs of the district as may be determined, the board of drainage directors has authority to appoint a fiscal agent of such district. Any drainage district may purchase any lands sold within the district to pay the delinquent assessment on the lands, if the board of directors deems it advisable to do so, and the board of directors may sell such land so bought and make a good deed to the land. Acts 1909, ch. 185, § 40a, as added by Acts 1923, ch. 73, § 4; Shan. Supp., § 3871a159b1; Code 1932, § 4395; T.C.A. (orig. ed.), § 70-1338; T.C.A. § 69-6-834.
To assist in the keeping of the tax books, the collection of taxes, the remitting of funds to pay maturing bonds and coupons, and to be of such other service in the general management of the affairs of the district as may be determined, the board of drainage directors has authority to appoint a fiscal agent of such district. Any drainage district may purchase any lands sold within the district to pay the delinquent assessment on the lands, if the board of directors deems it advisable to do so, and the board of directors may sell such land so bought and make a good deed to the land.
Acts 1909, ch. 185, § 40a, as added by Acts 1923, ch. 73, § 4; Shan. Supp., § 3871a159b1; Code 1932, § 4395; T.C.A. (orig. ed.), § 70-1338; T.C.A. § 69-6-834.
Tenn. Code Ann. § 69-3-127 — TN Code / Title 69 / Chapter 3 / Section 69-3-127
Pretreatment enforcement - Judicial proceedings and relief
Status: in_force

The local administrative officer may initiate proceedings in the chancery court of the county in which the activities occurred against any person or industrial user who is alleged to have violated or is about to violate the pretreatment program, §§ 69-3-123 - 69-3-129, or orders of the local hearing authority or local administrative officer. In such action, the local administrative officer may seek, and the court may grant, injunctive relief and any other relief available in law or equity. Acts 1987, ch. 111, § 6.
The local administrative officer may initiate proceedings in the chancery court of the county in which the activities occurred against any person or industrial user who is alleged to have violated or is about to violate the pretreatment program, §§ 69-3-123 - 69-3-129, or orders of the local hearing authority or local administrative officer. In such action, the local administrative officer may seek, and the court may grant, injunctive relief and any other relief available in law or equity.
Acts 1987, ch. 111, § 6.
Tenn. Code Ann. § 69-2-101 — TN Code / Title 69 / Chapter 2 / Section 69-2-101
Acquisition and maintenance of facilities
Status: in_force

(a) The department of transportation, acting through the commissioner of transportation, is authorized to acquire by purchase, condemnation, construction or otherwise, and to maintain and operate any public facilities the commissioner may deem suitable for the loading and landing of cargo wherever state highways intersect or parallel any navigable waters within or bounding the state. (b) Such powers shall in no way interfere with present property rights of now existing ferry franchises. Acts 1935, ch. 36, § 1; C. Supp. 1950, § 3252.1 (Williams, § 3260.1); impl. am. Acts 1959, ch. 9, § 3; impl. am Acts 1972, ch. 829, §7; T.C.A. (orig. ed.), § 70-201.
(a) The department of transportation, acting through the commissioner of transportation, is authorized to acquire by purchase, condemnation, construction or otherwise, and to maintain and operate any public facilities the commissioner may deem suitable for the loading and landing of cargo wherever state highways intersect or parallel any navigable waters within or bounding the state.
(b) Such powers shall in no way interfere with present property rights of now existing ferry franchises.
Acts 1935, ch. 36, § 1; C. Supp. 1950, § 3252.1 (Williams, § 3260.1); impl. am. Acts 1959, ch. 9, § 3; impl. am Acts 1972, ch. 829, §7; T.C.A. (orig. ed.), § 70-201.
Tenn. Code Ann. § 69-9-218 — TN Code / Title 69 / Chapter 9 / Section 69-9-218
Jet boats that carry passengers for hire
Status: in_force

(a) Jet boats that carry passengers for hire shall: (1) Only operate during the hours between ten o'clock a.m. (10:00 a.m.) and five o'clock p.m. (5:00 p.m.) on Monday through Friday; (2) Only operate during the hours between ten o'clock a.m. (10:00 a.m.) and seven o'clock p.m. (7:00 p.m.) on Saturday and Sunday; (3) Not travel at a speed greater than a no-wake speed within fifty feet (50') of any private or public dock or boat ramp; (4) Not travel at any time at a speed greater than thirty-three nautical miles per hour (33 NMPH); (5) Be subject to the noise level restrictions under part 3 of this chapter; and (6) Not perform the maneuver commonly called a "donut" within one-hundred feet (100') of any private vessel or the shoreline. (b) Beginning July 1, 2018, no person shall locate any outfitter or other business that carries passengers for hire on jet boats within five thousand feet (5,000') of another outfitter or other business that carries passengers for hire on jet boats. (c) A person violating this section commits a Class C misdemeanor and, upon conviction of an offense, shall be fined fifty dollars ($50.00) for each offense. (d) This section shall only apply in a tourist resort county, as defined in § 42-1-301 . Added by 2018 Tenn. Acts, ch. 830, s 1, eff. 7/1/2018.
(a) Jet boats that carry passengers for hire shall: (1) Only operate during the hours between ten o'clock a.m. (10:00 a.m.) and five o'clock p.m. (5:00 p.m.) on Monday through Friday; (2) Only operate during the hours between ten o'clock a.m. (10:00 a.m.) and seven o'clock p.m. (7:00 p.m.) on Saturday and Sunday; (3) Not travel at a speed greater than a no-wake speed within fifty feet (50') of any private or public dock or boat ramp; (4) Not travel at any time at a speed greater than thirty-three nautical miles per hour (33 NMPH); (5) Be subject to the noise level restrictions under part 3 of this chapter; and (6) Not perform the maneuver commonly called a "donut" within one-hundred feet (100') of any private vessel or the shoreline.
(1) Only operate during the hours between ten o'clock a.m. (10:00 a.m.) and five o'clock p.m. (5:00 p.m.) on Monday through Friday;
(2) Only operate during the hours between ten o'clock a.m. (10:00 a.m.) and seven o'clock p.m. (7:00 p.m.) on Saturday and Sunday;
(3) Not travel at a speed greater than a no-wake speed within fifty feet (50') of any private or public dock or boat ramp;
(4) Not travel at any time at a speed greater than thirty-three nautical miles per hour (33 NMPH);
(5) Be subject to the noise level restrictions under part 3 of this chapter; and
(6) Not perform the maneuver commonly called a "donut" within one-hundred feet (100') of any private vessel or the shoreline.
(b) Beginning July 1, 2018, no person shall locate any outfitter or other business that carries passengers for hire on jet boats within five thousand feet (5,000') of another outfitter or other business that carries passengers for hire on jet boats.
(c) A person violating this section commits a Class C misdemeanor and, upon conviction of an offense, shall be fined fifty dollars ($50.00) for each offense.
(d) This section shall only apply in a tourist resort county, as defined in § 42-1-301 .
Added by 2018 Tenn. Acts, ch. 830, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 69-5-311 — TN Code / Title 69 / Chapter 5 / Section 69-5-311
New report may be ordered and new commissioners appointed
Status: in_force

If, for any reason, the court annuls in toto or sets aside such report of the commissioners, it shall order them to make a new report, or shall remove them and appoint new commissioners to act as in the first instance, if desired by the parties concerned. Acts 1909, ch. 185, § 11; Shan., § 3871a61; Code 1932, § 4289; T.C.A. (orig. ed.), § 70-911; T.C.A. § 69-6-311.
If, for any reason, the court annuls in toto or sets aside such report of the commissioners, it shall order them to make a new report, or shall remove them and appoint new commissioners to act as in the first instance, if desired by the parties concerned.
Acts 1909, ch. 185, § 11; Shan., § 3871a61; Code 1932, § 4289; T.C.A. (orig. ed.), § 70-911; T.C.A. § 69-6-311.
Tenn. Code Ann. § 69-5-823 — TN Code / Title 69 / Chapter 5 / Section 69-5-823
Chancery procedure - Hearing as to one or more defendants
Status: in_force

Suits in chancery shall be proceeded with as other suits are in the chancery court, except that the court may hear the case as to any one (1) or more of the defendants, whether ready to be heard as to other defendants or not, and so proceed to sale and final decree as to any one (1) or more of the defendants, though the case is not disposed of as to other defendants. Acts 1909, ch. 185, § 33; Shan., § 3871a127; Code 1932, § 4358; T.C.A. (orig. ed.), § 70-1327; T.C.A. § 69-6-823.
Suits in chancery shall be proceeded with as other suits are in the chancery court, except that the court may hear the case as to any one (1) or more of the defendants, whether ready to be heard as to other defendants or not, and so proceed to sale and final decree as to any one (1) or more of the defendants, though the case is not disposed of as to other defendants.
Acts 1909, ch. 185, § 33; Shan., § 3871a127; Code 1932, § 4358; T.C.A. (orig. ed.), § 70-1327; T.C.A. § 69-6-823.
Tenn. Code Ann. § 69-3-138 — TN Code / Title 69 / Chapter 3 / Section 69-3-138
Timber harvesting
Status: in_force

(a) (1) Whenever a person contracts in writing with a master logger to conduct any type of timber harvesting on the person's property, the master logger shall assume sole liability for compliance with this chapter for a period of one (1) year after the timber harvest is completed; provided, that the master logger gives written certification to the person that the master logger has designed a plan of best management practices (BMPs) to ensure compliance with all applicable water pollution control laws and that the master logger will install, maintain and adhere to established BMPs to ensure erosion and sediment controls to protect waters of the state in all harvesting activities on the property. (2) The master logger shall not be responsible for the negligent or intentional acts of the landowner or any third party when such actions are the cause of a water quality violation. Actions and appeals resulting from a violation issued by the department shall be heard by the board of water quality, oil and gas established in § 69-3-104 , in accordance with the procedures established by the board and in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) As used in this section, "master logger" means a person who is identified by the division of forestry of the department of agriculture as having completed all requirements of the Tennessee master logger program or a master logger program of substantially equal rigor provided in another state, including, but not limited to, maintaining all current continuing education requirements. Amended by 2021 Tenn. Acts, ch. 548,s 1, eff. 5/26/2021. Acts 2005, ch. 268, § 1.
(a) (1) Whenever a person contracts in writing with a master logger to conduct any type of timber harvesting on the person's property, the master logger shall assume sole liability for compliance with this chapter for a period of one (1) year after the timber harvest is completed; provided, that the master logger gives written certification to the person that the master logger has designed a plan of best management practices (BMPs) to ensure compliance with all applicable water pollution control laws and that the master logger will install, maintain and adhere to established BMPs to ensure erosion and sediment controls to protect waters of the state in all harvesting activities on the property. (2) The master logger shall not be responsible for the negligent or intentional acts of the landowner or any third party when such actions are the cause of a water quality violation. Actions and appeals resulting from a violation issued by the department shall be heard by the board of water quality, oil and gas established in § 69-3-104 , in accordance with the procedures established by the board and in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) Whenever a person contracts in writing with a master logger to conduct any type of timber harvesting on the person's property, the master logger shall assume sole liability for compliance with this chapter for a period of one (1) year after the timber harvest is completed; provided, that the master logger gives written certification to the person that the master logger has designed a plan of best management practices (BMPs) to ensure compliance with all applicable water pollution control laws and that the master logger will install, maintain and adhere to established BMPs to ensure erosion and sediment controls to protect waters of the state in all harvesting activities on the property.
(2) The master logger shall not be responsible for the negligent or intentional acts of the landowner or any third party when such actions are the cause of a water quality violation. Actions and appeals resulting from a violation issued by the department shall be heard by the board of water quality, oil and gas established in § 69-3-104 , in accordance with the procedures established by the board and in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) As used in this section, "master logger" means a person who is identified by the division of forestry of the department of agriculture as having completed all requirements of the Tennessee master logger program or a master logger program of substantially equal rigor provided in another state, including, but not limited to, maintaining all current continuing education requirements.
Amended by 2021 Tenn. Acts, ch. 548,s 1, eff. 5/26/2021.
Acts 2005, ch. 268, § 1.
Tenn. Code Ann. § 69-3-118 — TN Code / Title 69 / Chapter 3 / Section 69-3-118
Other remedies
Status: in_force

(a) (1) Any person may file with the commissioner a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner determines that such complaint is duplicitous or frivolous, the commissioner shall immediately serve a copy of it upon the person or persons named in the complaint, promptly investigate the allegations contained in the complaint, and notify the alleged violator of what action, if any, the commissioner will take. In all cases, the commissioner shall notify the complainant of the action or determination within ninety (90) days from the date of the commissioner's receipt of the written complaint. (2) If either the complainant or the alleged violator believes that the commissioner's action or determination is or will be inadequate or too severe, such person may appeal to the board for a hearing, which will be conducted pursuant to § 69-3-110 . The appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner. (3) If the commissioner fails to take the action stated in the notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure. (4) The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of drawing up the complaint. (b) The penalties, damages, and injunctions provided for in §§ 69-3-115 - 69-3-119 are intended to provide additional and cumulative remedies to prevent, abate, and control the pollution of the waters of the state. Nothing contained in this section shall be construed to abridge or alter rights of action or remedies in equity or under common law or statutory law, criminal or civil, nor shall any provision of §§ 69-3-115 - 69-3-117 or this section, or any act done by virtue thereof, be construed as estopping the state or any municipality or person, as riparian owners or otherwise, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances, to abate pollution, or to recover damages resulting from such pollution. (c) The board, department or its officials and employees acting in their official capacity shall not be considered "persons" pursuant to this section. Acts 1971, ch. 164, § 17; 1971, ch. 386, § 8; 1977, ch. 366, § 1; T.C.A., § 70-340; Acts 1984, ch. 804, § 10.
(a) (1) Any person may file with the commissioner a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner determines that such complaint is duplicitous or frivolous, the commissioner shall immediately serve a copy of it upon the person or persons named in the complaint, promptly investigate the allegations contained in the complaint, and notify the alleged violator of what action, if any, the commissioner will take. In all cases, the commissioner shall notify the complainant of the action or determination within ninety (90) days from the date of the commissioner's receipt of the written complaint. (2) If either the complainant or the alleged violator believes that the commissioner's action or determination is or will be inadequate or too severe, such person may appeal to the board for a hearing, which will be conducted pursuant to § 69-3-110 . The appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner. (3) If the commissioner fails to take the action stated in the notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure. (4) The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of drawing up the complaint.
(1) Any person may file with the commissioner a signed complaint against any person allegedly violating any provisions of this part. Unless the commissioner determines that such complaint is duplicitous or frivolous, the commissioner shall immediately serve a copy of it upon the person or persons named in the complaint, promptly investigate the allegations contained in the complaint, and notify the alleged violator of what action, if any, the commissioner will take. In all cases, the commissioner shall notify the complainant of the action or determination within ninety (90) days from the date of the commissioner's receipt of the written complaint.
(2) If either the complainant or the alleged violator believes that the commissioner's action or determination is or will be inadequate or too severe, such person may appeal to the board for a hearing, which will be conducted pursuant to § 69-3-110 . The appeal must be made within thirty (30) days after receipt of the notification sent by the commissioner.
(3) If the commissioner fails to take the action stated in the notification, the complainant may make an appeal to the board within thirty (30) days from the time at which the complainant knows or has reason to know of such failure.
(4) The department shall not be obligated to assist a complainant in gathering information or making investigations or to provide counsel for the purpose of drawing up the complaint.
(b) The penalties, damages, and injunctions provided for in §§ 69-3-115 - 69-3-119 are intended to provide additional and cumulative remedies to prevent, abate, and control the pollution of the waters of the state. Nothing contained in this section shall be construed to abridge or alter rights of action or remedies in equity or under common law or statutory law, criminal or civil, nor shall any provision of §§ 69-3-115 - 69-3-117 or this section, or any act done by virtue thereof, be construed as estopping the state or any municipality or person, as riparian owners or otherwise, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances, to abate pollution, or to recover damages resulting from such pollution.
(c) The board, department or its officials and employees acting in their official capacity shall not be considered "persons" pursuant to this section.
Acts 1971, ch. 164, § 17; 1971, ch. 386, § 8; 1977, ch. 366, § 1; T.C.A., § 70-340; Acts 1984, ch. 804, § 10.
Tenn. Code Ann. § 69-5-105 — TN Code / Title 69 / Chapter 5 / Section 69-5-105
Compensation of attorneys
Status: in_force

The petitioners for the proposed district are authorized to employ counsel or attorneys to assist in filing the petition and in all preliminary matters necessary in having such district established, and attending to the matters thereof, so far as may be necessary and so far as the county court may think needed after the district is ordered established, contracting with such attorneys for the amount to be paid for their services, which contract shall be approved by the county court, if deemed reasonable; and if not deemed reasonable, the county court shall, by order, fix the amount to be allowed for such legal services, the court fixing such amount as it deems reasonable and proper; and the amount of fees thus fixed shall become a debt and charge against the district as other preliminary expenses are, such as charges for services of an engineer, and be paid in like manner. Acts 1913 (1st Ex. Sess.), ch. 25, § 13; Shan., § 3871a141; Code 1932, §4376; T.C.A. (orig. ed.), § 70-705; ; T.C.A. § 69-6-105 .
The petitioners for the proposed district are authorized to employ counsel or attorneys to assist in filing the petition and in all preliminary matters necessary in having such district established, and attending to the matters thereof, so far as may be necessary and so far as the county court may think needed after the district is ordered established, contracting with such attorneys for the amount to be paid for their services, which contract shall be approved by the county court, if deemed reasonable; and if not deemed reasonable, the county court shall, by order, fix the amount to be allowed for such legal services, the court fixing such amount as it deems reasonable and proper; and the amount of fees thus fixed shall become a debt and charge against the district as other preliminary expenses are, such as charges for services of an engineer, and be paid in like manner.
Acts 1913 (1st Ex. Sess.), ch. 25, § 13; Shan., § 3871a141; Code 1932, §4376; T.C.A. (orig. ed.), § 70-705; ; T.C.A. § 69-6-105 .
Tenn. Code Ann. § 69-5-405 — TN Code / Title 69 / Chapter 5 / Section 69-5-405
Mistake in owner's identity - Correction
Status: in_force

(a) When a mistake has been made by which the lands belonging to one person have been assessed to or in the name of another person or as embraced within the boundaries set out for a tract assessed to another person, the original decree fixing such assessment shall not be final, and any aggrieved party may file a petition in the county court in which the drainage or levee cause is pending to correct such mistake and to correct the assessments and all decrees, reports, blueprints, and plats accordingly. (b) Upon the filing of such petition, the county clerk shall give ten (10) days' written notice to the person or persons to whom it is claimed that such land should have been assessed, and at any time within twenty (20) days after the service of such notice, the cause may be heard by the court as provided for hearing causes in § 69-5-402 , and the court shall render decree according to the merits of the controversy. (c) If the court decrees that such mistake was made, then by decree all the reports, decrees, blueprints, maps, and plats shall be amended and corrected accordingly. (d) In case any assessment or assessments of any land thus newly assessed to any person is or are past due, whether they have been paid by the aggrieved person or not, they shall be collected by the county trustee immediately and shall become delinquent and shall be proceeded against as delinquent as now provided by law for proceeding in the matter of delinquent assessment, unless paid within sixty (60) days after rendering such decree. If any of the assessment has been previously collected by the trustee from the aggrieved party in the petition, it shall be refunded to the aggrieved party by the trustee upon warrant drawn as now provided by law for the drawing and issuing of warrants in the matter of drainage and levee districts. Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b5; Code 1932, §4273; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1005; T.C.A. § 69-6-405.
(a) When a mistake has been made by which the lands belonging to one person have been assessed to or in the name of another person or as embraced within the boundaries set out for a tract assessed to another person, the original decree fixing such assessment shall not be final, and any aggrieved party may file a petition in the county court in which the drainage or levee cause is pending to correct such mistake and to correct the assessments and all decrees, reports, blueprints, and plats accordingly.
(b) Upon the filing of such petition, the county clerk shall give ten (10) days' written notice to the person or persons to whom it is claimed that such land should have been assessed, and at any time within twenty (20) days after the service of such notice, the cause may be heard by the court as provided for hearing causes in § 69-5-402 , and the court shall render decree according to the merits of the controversy.
(c) If the court decrees that such mistake was made, then by decree all the reports, decrees, blueprints, maps, and plats shall be amended and corrected accordingly.
(d) In case any assessment or assessments of any land thus newly assessed to any person is or are past due, whether they have been paid by the aggrieved person or not, they shall be collected by the county trustee immediately and shall become delinquent and shall be proceeded against as delinquent as now provided by law for proceeding in the matter of delinquent assessment, unless paid within sixty (60) days after rendering such decree. If any of the assessment has been previously collected by the trustee from the aggrieved party in the petition, it shall be refunded to the aggrieved party by the trustee upon warrant drawn as now provided by law for the drawing and issuing of warrants in the matter of drainage and levee districts.
Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b5; Code 1932, §4273; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1005; T.C.A. § 69-6-405.
Tenn. Code Ann. § 69-5-1303 — TN Code / Title 69 / Chapter 5 / Section 69-5-1303
Jurisdiction over mutual agreement districts
Status: in_force

Upon the filing of the agreement with the county clerk, the county court shall establish such drainage district and locate the ditch, drain, or watercourse provided for in the mutual agreement according to the terms of the agreement, and shall have full and complete jurisdiction of the parties and subject matter, and order such procedure under this chapter as may be required to carry out the object and intent of such agreement, and to complete and construct the desired improvement, and shall retain jurisdiction of the parties and subject matter as fully as in other cases provided for in this chapter. Acts 1909, ch. 185, § 38; Shan., § 3871a148; mod. Code 1932, § 4383; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1703; T.C.A. § 69-6-1303.
Upon the filing of the agreement with the county clerk, the county court shall establish such drainage district and locate the ditch, drain, or watercourse provided for in the mutual agreement according to the terms of the agreement, and shall have full and complete jurisdiction of the parties and subject matter, and order such procedure under this chapter as may be required to carry out the object and intent of such agreement, and to complete and construct the desired improvement, and shall retain jurisdiction of the parties and subject matter as fully as in other cases provided for in this chapter.
Acts 1909, ch. 185, § 38; Shan., § 3871a148; mod. Code 1932, § 4383; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1703; T.C.A. § 69-6-1303.
Tenn. Code Ann. § 69-1-111 — TN Code / Title 69 / Chapter 1 / Section 69-1-111
County may permit or remove improvements
Status: in_force

(a) The county legislative body may authorize milldams, fish traps, and other local improvements and erections in watercourses in the county, and fix the rates of toll or charge, under the limitations, restrictions, and conditions deemed proper, and remove them when the public interests require. (b) The application for any of these purposes shall be by petition, in writing, stating the nature and object of the proposed improvement or erection, notice of which shall be given as prescribed in the case of toll bridges, ferries, and causeways. (c) The county legislative body shall be satisfied that the preliminary notice has been given before acting on the application, and may then decree as the public interests seem to require. (d) No milldam, fish trap, bridge, or other improvement shall be allowed so as to interrupt or in any way injure or impair the navigation of any navigable watercourse of the state. Code 1858, §§ 1309-1312 (deriv. Acts 1835-1836, ch. 29, § 1); Shan., §§ 1819-1822; Code 1932, §§ 3085-3088; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 70-111 -- 70-114.
(a) The county legislative body may authorize milldams, fish traps, and other local improvements and erections in watercourses in the county, and fix the rates of toll or charge, under the limitations, restrictions, and conditions deemed proper, and remove them when the public interests require.
(b) The application for any of these purposes shall be by petition, in writing, stating the nature and object of the proposed improvement or erection, notice of which shall be given as prescribed in the case of toll bridges, ferries, and causeways.
(c) The county legislative body shall be satisfied that the preliminary notice has been given before acting on the application, and may then decree as the public interests seem to require.
(d) No milldam, fish trap, bridge, or other improvement shall be allowed so as to interrupt or in any way injure or impair the navigation of any navigable watercourse of the state.
Code 1858, §§ 1309-1312 (deriv. Acts 1835-1836, ch. 29, § 1); Shan., §§ 1819-1822; Code 1932, §§ 3085-3088; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 70-111 -- 70-114.
Tenn. Code Ann. § 69-5-801 — TN Code / Title 69 / Chapter 5 / Section 69-5-801
Special assessment made after creation of district
Status: in_force

If, after the district has been created, and the commissioners for the assessment of benefits have made their report, and the report has been acted upon, and confirmed by the court, and the time for an appeal from the confirmation has elapsed, and no appeal has been taken, it appears to the court that the costs and expenses of the proceedings, up to that stage of the proceedings, have not been otherwise paid, the court shall have the power to make a special assessment upon all the lands within the district, for an amount sufficient to pay the cost and expenses, including the expenses of collecting the special assessment. Acts 1915, ch. 63, §2; Shan., § 3871a63; Code 1932, § 4291; T.C.A. (orig. ed.), § 70-1301; T.C.A. § 69-6-801.
If, after the district has been created, and the commissioners for the assessment of benefits have made their report, and the report has been acted upon, and confirmed by the court, and the time for an appeal from the confirmation has elapsed, and no appeal has been taken, it appears to the court that the costs and expenses of the proceedings, up to that stage of the proceedings, have not been otherwise paid, the court shall have the power to make a special assessment upon all the lands within the district, for an amount sufficient to pay the cost and expenses, including the expenses of collecting the special assessment.
Acts 1915, ch. 63, §2; Shan., § 3871a63; Code 1932, § 4291; T.C.A. (orig. ed.), § 70-1301; T.C.A. § 69-6-801.
Tenn. Code Ann. § 69-6-117 — TN Code / Title 69 / Chapter 6 / Section 69-6-117
Alternative method for establishment of district - Procedure
Status: in_force

(a) As an alternative method for the establishment of a watershed district, any such district may be organized and established in the same manner as a levee and drainage district by the procedure set forth in chapter 5 of this title. (b) In event this alternative procedure is followed, it will not be necessary to file a petition with the Tennessee soil and water conservation commission, and chapter 5 of this title shall apply to the organization of the district. (c) Any watershed district that is organized by following the procedure prescribed by chapter 5 of this title has the same objectives and purposes and possesses the same powers as provided for in this chapter. Amended by 2021 Tenn. Acts, ch. 203, s 29, eff. 4/22/2021. Acts 1955, ch. 112, § 12; T.C.A., § 70-1817; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-117.
(a) As an alternative method for the establishment of a watershed district, any such district may be organized and established in the same manner as a levee and drainage district by the procedure set forth in chapter 5 of this title.
(b) In event this alternative procedure is followed, it will not be necessary to file a petition with the Tennessee soil and water conservation commission, and chapter 5 of this title shall apply to the organization of the district.
(c) Any watershed district that is organized by following the procedure prescribed by chapter 5 of this title has the same objectives and purposes and possesses the same powers as provided for in this chapter.
Amended by 2021 Tenn. Acts, ch. 203, s 29, eff. 4/22/2021.
Acts 1955, ch. 112, § 12; T.C.A., § 70-1817; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-117.
Tenn. Code Ann. § 69-4-105 — TN Code / Title 69 / Chapter 4 / Section 69-4-105
Condemnation of real estate for construction of levee
Status: in_force

(a) The commissioners may take the real estate of any person, not exceeding the amount necessary for the construction and maintenance of the levee, by petition filed in the circuit court of the county in which the land lies, setting forth in substance: (1) The land wanted; (2) The name of the owner, or, if unknown, stating that fact; and (3) With a prayer for the land designated to be decreed to the county. (b) Notice of the filing of this petition shall be given to the owner of the land, or, if the owner is a nonresident of the county, to the owner's agent, and if a nonresident of the state, notice shall be given in the usual mode by publication in lieu of personal service. (c) The notice provided for in subsection (b) for shall require the defendants to appear on the first Monday in some specified month, and be served five (5) days before that day, after which time, if no cause to the contrary is shown, the clerk of the court shall issue a writ of inquiry to the sheriff to summon a jury to inquire and assess the damages, and the report of the jury shall be reduced to writing, signed by a majority of the persons, and returned to the next term of the court. (d) If no objection to the report is made, it may be confirmed by the court, and the land decreed to the county, and the amount of damages so assessed to each party by the jury shall be made a part of the record decreeing the title to the county. (e) The damages so assessed shall be claimed by the persons interested, by written notice to that effect filed with the clerk of the circuit court, within one (1) year from the confirmation of the report of the jurors, and in case of failure to do so, they shall be forever barred. Acts 1871, ch. 131, §§ 11-15; Shan., §§ 3864-3868; Code 1932, §§ 4202-4206; T.C.A. (orig. ed.), §§ 70-610--70-614; T.C.A. § 69-5-105 .
(a) The commissioners may take the real estate of any person, not exceeding the amount necessary for the construction and maintenance of the levee, by petition filed in the circuit court of the county in which the land lies, setting forth in substance: (1) The land wanted; (2) The name of the owner, or, if unknown, stating that fact; and (3) With a prayer for the land designated to be decreed to the county.
(1) The land wanted;
(2) The name of the owner, or, if unknown, stating that fact; and
(3) With a prayer for the land designated to be decreed to the county.
(b) Notice of the filing of this petition shall be given to the owner of the land, or, if the owner is a nonresident of the county, to the owner's agent, and if a nonresident of the state, notice shall be given in the usual mode by publication in lieu of personal service.
(c) The notice provided for in subsection (b) for shall require the defendants to appear on the first Monday in some specified month, and be served five (5) days before that day, after which time, if no cause to the contrary is shown, the clerk of the court shall issue a writ of inquiry to the sheriff to summon a jury to inquire and assess the damages, and the report of the jury shall be reduced to writing, signed by a majority of the persons, and returned to the next term of the court.
(d) If no objection to the report is made, it may be confirmed by the court, and the land decreed to the county, and the amount of damages so assessed to each party by the jury shall be made a part of the record decreeing the title to the county.
(e) The damages so assessed shall be claimed by the persons interested, by written notice to that effect filed with the clerk of the circuit court, within one (1) year from the confirmation of the report of the jurors, and in case of failure to do so, they shall be forever barred.
Acts 1871, ch. 131, §§ 11-15; Shan., §§ 3864-3868; Code 1932, §§ 4202-4206; T.C.A. (orig. ed.), §§ 70-610--70-614; T.C.A. § 69-5-105 .
Tenn. Code Ann. § 69-1-112 — TN Code / Title 69 / Chapter 1 / Section 69-1-112
Commissioners of watercourses
Status: in_force

The county legislative body may, as often as necessary, appoint commissioners to: (1) Examine the watercourses in the county, to see that the local erections allowed in the watercourses are conformable to law, and that one fourth (¼) of such watercourses, including the deepest portions, are left open for the free passage of fish; (2) Lay off slopes of dams when necessary, determining the time they shall be left open; and (3) Return a plan of the stream, and the falls, dams, and other erections on the stream, when deemed necessary. Code 1858, § 1314 (deriv. Acts 1787, ch. 15, § 1; Shan., § 1826; Code 1932, § 3090; T.C.A., (orig. ed.), § 70-115.
The county legislative body may, as often as necessary, appoint commissioners to:
(1) Examine the watercourses in the county, to see that the local erections allowed in the watercourses are conformable to law, and that one fourth (¼) of such watercourses, including the deepest portions, are left open for the free passage of fish;
(2) Lay off slopes of dams when necessary, determining the time they shall be left open; and
(3) Return a plan of the stream, and the falls, dams, and other erections on the stream, when deemed necessary.
Code 1858, § 1314 (deriv. Acts 1787, ch. 15, § 1; Shan., § 1826; Code 1932, § 3090; T.C.A., (orig. ed.), § 70-115.
Tenn. Code Ann. § 69-5-806 — TN Code / Title 69 / Chapter 5 / Section 69-5-806
Provisions applicable if district contains more than one county
Status: in_force

If the district contains lands that lie in more than one (1) county, then the provision in § 69-5-111 applicable to the county clerk and the trustees shall likewise apply to the county clerk and trustees in the proceeding provided for in §§ 69-5-804 and 69-5-805 . Acts 1915, ch. 63, §2; Shan., § 3871a68; Code 1932, §4296; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1306; T.C.A. § 69-6-806.
If the district contains lands that lie in more than one (1) county, then the provision in § 69-5-111 applicable to the county clerk and the trustees shall likewise apply to the county clerk and trustees in the proceeding provided for in §§ 69-5-804 and 69-5-805 .
Acts 1915, ch. 63, §2; Shan., § 3871a68; Code 1932, §4296; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1306; T.C.A. § 69-6-806.
Tenn. Code Ann. § 69-3-131 — TN Code / Title 69 / Chapter 3 / Section 69-3-131
Rules and regulations
Status: in_force

The board shall promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, which rules and regulations shall govern the manner in which emergency repairs made in accordance with § 69-3-108(n) must be made. The department shall send a copy of such rules and regulations to each county highway department in the state. Acts 1993, ch. 155, § 2.
The board shall promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, which rules and regulations shall govern the manner in which emergency repairs made in accordance with § 69-3-108(n) must be made. The department shall send a copy of such rules and regulations to each county highway department in the state.
Acts 1993, ch. 155, § 2.
Tenn. Code Ann. § 69-5-124 — TN Code / Title 69 / Chapter 5 / Section 69-5-124
Special assessment - Petition - Notice of hearing
Status: in_force

A special assessment shall be made only upon petition signed and sworn to by one (1) or more persons owning land within the proposed district, and praying that provision be made for funds to defray the preliminary costs and expenses already incurred up to that stage of the proceedings. Upon the filing of such petition, the court shall set a day for the hearing of that matter and direct that publication for all landowners within the proposed district who are not petitioners in the petition be made in some newspaper published in the county in which the district is located, and if located in more than one (1) county, then in a publication in each county in which the land in the proposed district is located, the publication to be made for three (3) consecutive weeks, the last publication to be at least ten (10) days before the day set for the hearing. The publication shall notify such landowners of the pending suit and the prayer of the petition for the creation and collection of a fund to pay the preliminary costs and expenses and the day fixed for the hearing, and notify the landowners not petitioners in the petition to appear and show cause why an assessment to create the fund should not be made. The landowners shall make their appearance and file their objections, if any, on or before twelve o'clock (12:00) noon of the day set for hearing. Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b2; Code 1932, § 4241; T.C.A. (orig. ed.), § 70-731; T.C.A. § 69-6-124 .
A special assessment shall be made only upon petition signed and sworn to by one (1) or more persons owning land within the proposed district, and praying that provision be made for funds to defray the preliminary costs and expenses already incurred up to that stage of the proceedings. Upon the filing of such petition, the court shall set a day for the hearing of that matter and direct that publication for all landowners within the proposed district who are not petitioners in the petition be made in some newspaper published in the county in which the district is located, and if located in more than one (1) county, then in a publication in each county in which the land in the proposed district is located, the publication to be made for three (3) consecutive weeks, the last publication to be at least ten (10) days before the day set for the hearing. The publication shall notify such landowners of the pending suit and the prayer of the petition for the creation and collection of a fund to pay the preliminary costs and expenses and the day fixed for the hearing, and notify the landowners not petitioners in the petition to appear and show cause why an assessment to create the fund should not be made. The landowners shall make their appearance and file their objections, if any, on or before twelve o'clock (12:00) noon of the day set for hearing.
Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b2; Code 1932, § 4241; T.C.A. (orig. ed.), § 70-731; T.C.A. § 69-6-124 .
Tenn. Code Ann. § 69-9-402 — TN Code / Title 69 / Chapter 9 / Section 69-9-402
Location, measurements and illumination of divers-down flags
Status: in_force

(a) Any boats used as diver stations, diver support boats, or diver supply boats shall display the divers-down flag from their mast or flag staff during the dive. The divers-down flags shall be no smaller than twenty inches (20") by twenty-four inches (24"). Divers not associated with the boats shall display a divers-down flag no smaller than twelve inches (12") by twelve inches (12"). (b) After dark, divers shall illuminate divers-down flags to make them visible from at least three hundred feet (300'). (c) At all times such divers-down flags shall be visible from three hundred sixty degrees (360°). (d) This section shall apply only to waterways customarily used by boat traffic. (e) Violations of this section shall be punished as follows: (1) First offense, a fine of not less than twenty-five dollars ($25.00); (2) Second offense, a fine of not less than fifty dollars ($50.00); and (3) Third offense, a fine of not less than two hundred fifty dollars ($250). Acts 1984, ch. 732, §2; T.C.A. §69-10-402; Acts 2007 , ch. 185, §§ 16, 17.
(a) Any boats used as diver stations, diver support boats, or diver supply boats shall display the divers-down flag from their mast or flag staff during the dive. The divers-down flags shall be no smaller than twenty inches (20") by twenty-four inches (24"). Divers not associated with the boats shall display a divers-down flag no smaller than twelve inches (12") by twelve inches (12").
(b) After dark, divers shall illuminate divers-down flags to make them visible from at least three hundred feet (300').
(c) At all times such divers-down flags shall be visible from three hundred sixty degrees (360°).
(d) This section shall apply only to waterways customarily used by boat traffic.
(e) Violations of this section shall be punished as follows: (1) First offense, a fine of not less than twenty-five dollars ($25.00); (2) Second offense, a fine of not less than fifty dollars ($50.00); and (3) Third offense, a fine of not less than two hundred fifty dollars ($250).
(1) First offense, a fine of not less than twenty-five dollars ($25.00);
(2) Second offense, a fine of not less than fifty dollars ($50.00); and
(3) Third offense, a fine of not less than two hundred fifty dollars ($250).
Acts 1984, ch. 732, §2; T.C.A. §69-10-402; Acts 2007 , ch. 185, §§ 16, 17.
Tenn. Code Ann. § 69-1-114 — TN Code / Title 69 / Chapter 1 / Section 69-1-114
Railroad drawbridges - Operation
Status: in_force

(a) Railroad companies in this state whose roads cross navigable watercourses in this state shall, upon signal being given by any steamboat for the opening of the draw of any railroad bridge, proceed immediately to open the draw and make ready for the passage of the boat; and as soon as the draw is open and ready, if in the nighttime, they shall hoist a large red light, not less than eight inches (8") in diameter, at least ten feet (10') above the tops of the gallows frame or gallow bitts of the draw; and they shall keep one (1) white light on each end of the draw as a signal that all is ready; and the light shall remain stationary until after the boat has passed. (b) Any railroad company failing so to do shall forfeit for each and every such failure the sum of one hundred dollars ($100), to be recovered before any court of competent jurisdiction, one half (½) to go to the informer, and the other one half (½) to the common school fund of the state. Acts 1869-1870, ch. 89, §§ 1, 2; Shan., §§ 1828, 1829; Code 1932, §§ 3092, 3093; T.C.A. (orig. ed.), §§ 70-117, 70-118.
(a) Railroad companies in this state whose roads cross navigable watercourses in this state shall, upon signal being given by any steamboat for the opening of the draw of any railroad bridge, proceed immediately to open the draw and make ready for the passage of the boat; and as soon as the draw is open and ready, if in the nighttime, they shall hoist a large red light, not less than eight inches (8") in diameter, at least ten feet (10') above the tops of the gallows frame or gallow bitts of the draw; and they shall keep one (1) white light on each end of the draw as a signal that all is ready; and the light shall remain stationary until after the boat has passed.
(b) Any railroad company failing so to do shall forfeit for each and every such failure the sum of one hundred dollars ($100), to be recovered before any court of competent jurisdiction, one half (½) to go to the informer, and the other one half (½) to the common school fund of the state.
Acts 1869-1870, ch. 89, §§ 1, 2; Shan., §§ 1828, 1829; Code 1932, §§ 3092, 3093; T.C.A. (orig. ed.), §§ 70-117, 70-118.
Tenn. Code Ann. § 69-7-209 — TN Code / Title 69 / Chapter 7 / Section 69-7-209
Exercise of grants of power
Status: in_force

Any exercise of the state's grants of power to acquire water, water rights, and associated property by eminent domain or condemnation, and for the use or benefit of public water supply, shall not be made in a manner that conflicts with the Water Quality Control Act, compiled in chapter 3, part 1 of this title, or this part and the regulations under this part. Acts 2000, ch. 854, § 10; T.C.A. § 69-8-209.
Any exercise of the state's grants of power to acquire water, water rights, and associated property by eminent domain or condemnation, and for the use or benefit of public water supply, shall not be made in a manner that conflicts with the Water Quality Control Act, compiled in chapter 3, part 1 of this title, or this part and the regulations under this part.
Acts 2000, ch. 854, § 10; T.C.A. § 69-8-209.
Tenn. Code Ann. § 69-5-825 — TN Code / Title 69 / Chapter 5 / Section 69-5-825
Taxes to be reported and first paid out of proceeds of sales
Status: in_force

When a sale is ordered in a suit pursuant to the preceding sections, and is made and reported, the clerk and master shall report what public taxes are a lien upon any tract so sold in favor of the state, county, or any municipality, and the court shall see that this is done. Any such taxes, if the sale is confirmed, shall be paid out of the proceeds of such sale before such delinquent assessments are paid. Acts 1909, ch. 185, § 33; Shan., § 3871a128; Code 1932, § 4360; T.C.A. (orig. ed.), § 70-1329; T.C.A. § 69-6-825.
When a sale is ordered in a suit pursuant to the preceding sections, and is made and reported, the clerk and master shall report what public taxes are a lien upon any tract so sold in favor of the state, county, or any municipality, and the court shall see that this is done. Any such taxes, if the sale is confirmed, shall be paid out of the proceeds of such sale before such delinquent assessments are paid.
Acts 1909, ch. 185, § 33; Shan., § 3871a128; Code 1932, § 4360; T.C.A. (orig. ed.), § 70-1329; T.C.A. § 69-6-825.
Tenn. Code Ann. § 69-6-111 — TN Code / Title 69 / Chapter 6 / Section 69-6-111
Issuance of charter - Form - Recordation
Status: in_force

(a) If a majority of the landowners voting in the election provided in §§ 69-6-106 - 69-6-110 vote in favor of the organization and creation of the district, the Tennessee soil and water conservation commission shall issue a charter for the district in the same manner as other general welfare corporation charters are issued under the laws of this state. (b) The form of the charter shall be substantially as follows: State of Tennessee-Charter of IncorporationBe it known that (here fill this blank with the names of the board of directors) are hereby constituted a body politic and corporate, by the name and style of (here fill in the name of the watershed district), which shall have all the powers conferred by the Watershed District Act of 1955. The district is described as follows: (Insert the description). Given under my hand and seal this ____________________ day of ____________________ 20____________________. (The signature of the chair of the commission shall be affixed.) (c) The charter shall be placed on record in the offices of the register of deeds of each county in which any portion of the district lies. Upon such recordation of its charter, the district shall be authorized to function in accordance with its charter and this chapter. Amended by 2021 Tenn. Acts, ch. 203, Secs.s 25, s 26 eff. 4/22/2021. Acts 1955, ch. 112, § 7; T.C.A., § 70-1811; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-111.
(a) If a majority of the landowners voting in the election provided in §§ 69-6-106 - 69-6-110 vote in favor of the organization and creation of the district, the Tennessee soil and water conservation commission shall issue a charter for the district in the same manner as other general welfare corporation charters are issued under the laws of this state.
(b) The form of the charter shall be substantially as follows: State of Tennessee-Charter of IncorporationBe it known that (here fill this blank with the names of the board of directors) are hereby constituted a body politic and corporate, by the name and style of (here fill in the name of the watershed district), which shall have all the powers conferred by the Watershed District Act of 1955. The district is described as follows: (Insert the description). Given under my hand and seal this ____________________ day of ____________________ 20____________________. (The signature of the chair of the commission shall be affixed.)
State of Tennessee-Charter of IncorporationBe it known that (here fill this blank with the names of the board of directors) are hereby constituted a body politic and corporate, by the name and style of (here fill in the name of the watershed district), which shall have all the powers conferred by the Watershed District Act of 1955. The district is described as follows:
(Insert the description).
Given under my hand and seal this ____________________ day of ____________________ 20____________________.
(The signature of the chair of the commission shall be affixed.)
(c) The charter shall be placed on record in the offices of the register of deeds of each county in which any portion of the district lies. Upon such recordation of its charter, the district shall be authorized to function in accordance with its charter and this chapter.
Amended by 2021 Tenn. Acts, ch. 203, Secs.s 25, s 26 eff. 4/22/2021.
Acts 1955, ch. 112, § 7; T.C.A., § 70-1811; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-111.
Tenn. Code Ann. § 69-5-135 — TN Code / Title 69 / Chapter 5 / Section 69-5-135
Payment of expense fund to be refunded out of district funds
Status: in_force

All sums so paid by the petitioners or their sureties on their bonds shall be refunded and repaid to the person or persons so paying them out of the funds of such improvement district when such funds have been realized under this chapter. Acts 1909, ch. 185, § 39; Shan., § 3871a153; Code 1932, § 4388; T.C.A. (orig. ed.), § 70-742; T.C.A. § 69-6-135 .
All sums so paid by the petitioners or their sureties on their bonds shall be refunded and repaid to the person or persons so paying them out of the funds of such improvement district when such funds have been realized under this chapter.
Acts 1909, ch. 185, § 39; Shan., § 3871a153; Code 1932, § 4388; T.C.A. (orig. ed.), § 70-742; T.C.A. § 69-6-135 .
Tenn. Code Ann. § 69-5-303 — TN Code / Title 69 / Chapter 5 / Section 69-5-303
Compensation of viewers, commissioners, and helpers
Status: in_force

The viewers and commissioners provided for by parts 1-3 of this chapter shall be paid at the rate of three dollars ($3.00) per day while engaged in the work, and, in addition, all actual expenses, including board paid for, for which itemized accounts shall be reported and sworn to. Other necessary help aiding the engineers, viewers, or commissioners, such as chain carriers, axmen, shall be paid not more than two dollars ($2.00) per day. Acts 1909, ch. 185, § 36; Shan., § 3871a138; Code 1932, § 4373; T.C.A. (orig. ed.), § 70-903; T.C.A. § 69-6-303.
The viewers and commissioners provided for by parts 1-3 of this chapter shall be paid at the rate of three dollars ($3.00) per day while engaged in the work, and, in addition, all actual expenses, including board paid for, for which itemized accounts shall be reported and sworn to. Other necessary help aiding the engineers, viewers, or commissioners, such as chain carriers, axmen, shall be paid not more than two dollars ($2.00) per day.
Acts 1909, ch. 185, § 36; Shan., § 3871a138; Code 1932, § 4373; T.C.A. (orig. ed.), § 70-903; T.C.A. § 69-6-303.
Tenn. Code Ann. § 69-3-136 — TN Code / Title 69 / Chapter 3 / Section 69-3-136
Failure to give notice - Failure to comply with stop work order
Status: in_force

Failure of an operator to give the notice required by § 69-3-134 or to comply with a stop work order issued pursuant to §§ 69-3-133 and 69-3-135 shall subject the operator to the penalties in § 69-3-115(a)(1)(E) . Acts 2000, ch. 680, § 5.
Failure of an operator to give the notice required by § 69-3-134 or to comply with a stop work order issued pursuant to §§ 69-3-133 and 69-3-135 shall subject the operator to the penalties in § 69-3-115(a)(1)(E) .
Acts 2000, ch. 680, § 5.
Tenn. Code Ann. § 69-5-605 — TN Code / Title 69 / Chapter 5 / Section 69-5-605
Tie votes
Status: in_force

When there is an even number of directors of such district and there is a tie vote on any matter coming before the board of directors, then the chair has the right to give the deciding vote. Acts 1913 (1st Ex. Sess.), ch. 25, § 11; Shan., § 3871a121; Code 1932, §4350; T.C.A. (orig. ed.), § 70-1205; T.C.A. § 69-6-605.
When there is an even number of directors of such district and there is a tie vote on any matter coming before the board of directors, then the chair has the right to give the deciding vote.
Acts 1913 (1st Ex. Sess.), ch. 25, § 11; Shan., § 3871a121; Code 1932, §4350; T.C.A. (orig. ed.), § 70-1205; T.C.A. § 69-6-605.
Tenn. Code Ann. § 69-11-123 — TN Code / Title 69 / Chapter 11 / Section 69-11-123
Criminal penalties
Status: in_force

Any person who willfully and knowingly falsifies any records, information, plans, specifications, or other data required by the commissioner or who willfully fails, neglects, or refuses to comply with any of the provisions of this chapter commits a Class C misdemeanor. No process by warrant, presentment or indictment shall be issued except upon application of the commissioner or such application for process authorized by the commissioner. Acts 1973, ch. 182, § 12; T.C.A., § 70-2528; Acts 1989, ch. 591, § 113; T.C.A. § 69-12-123.
Any person who willfully and knowingly falsifies any records, information, plans, specifications, or other data required by the commissioner or who willfully fails, neglects, or refuses to comply with any of the provisions of this chapter commits a Class C misdemeanor. No process by warrant, presentment or indictment shall be issued except upon application of the commissioner or such application for process authorized by the commissioner.
Acts 1973, ch. 182, § 12; T.C.A., § 70-2528; Acts 1989, ch. 591, § 113; T.C.A. § 69-12-123.
Tenn. Code Ann. § 69-7-206 — TN Code / Title 69 / Chapter 7 / Section 69-7-206
Issuance and denial of permit
Status: in_force

(a) The commissioner shall issue or deny any permit applied for pursuant to § 69-7-204 in accordance with this part and the rules adopted by the board of water quality, oil and gas under § 69-7-207 and any applicable provisions of the Water Quality Control Act, compiled in chapter 3, part 1 of this title, and rules under that act. Such permits shall be issued for a renewal term of five (5) years and contain necessary and appropriate conditions to accomplish the purposes of the same part and rules. (b) The commissioner shall, to the maximum extent feasible, combine the permit application and issuance processes for a withdrawal activity that requires permits under this part and the Water Quality Control Act. (c) The commissioner may revoke, suspend, or modify any permit for the following reasons: (1) A violation of any terms or conditions of the permit or of any provision of this part; (2) Obtaining the permit by misrepresentation or failing to disclose fully all relevant facts; or (3) A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted inter-basin transfer because of reasonably likely adverse impacts to downstream users or the environment. (d) Any person aggrieved by the issuance or denial of a permit by the commissioner under this part may appeal such matter to the board of water quality, oil and gas solely in accordance with § 69-7-207(3) . Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021. Acts 2000, ch. 854, §7; T.C.A. § 69-8-206; Acts 2005, ch. 325, § 1.
(a) The commissioner shall issue or deny any permit applied for pursuant to § 69-7-204 in accordance with this part and the rules adopted by the board of water quality, oil and gas under § 69-7-207 and any applicable provisions of the Water Quality Control Act, compiled in chapter 3, part 1 of this title, and rules under that act. Such permits shall be issued for a renewal term of five (5) years and contain necessary and appropriate conditions to accomplish the purposes of the same part and rules.
(b) The commissioner shall, to the maximum extent feasible, combine the permit application and issuance processes for a withdrawal activity that requires permits under this part and the Water Quality Control Act.
(c) The commissioner may revoke, suspend, or modify any permit for the following reasons: (1) A violation of any terms or conditions of the permit or of any provision of this part; (2) Obtaining the permit by misrepresentation or failing to disclose fully all relevant facts; or (3) A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted inter-basin transfer because of reasonably likely adverse impacts to downstream users or the environment.
(1) A violation of any terms or conditions of the permit or of any provision of this part;
(2) Obtaining the permit by misrepresentation or failing to disclose fully all relevant facts; or
(3) A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted inter-basin transfer because of reasonably likely adverse impacts to downstream users or the environment.
(d) Any person aggrieved by the issuance or denial of a permit by the commissioner under this part may appeal such matter to the board of water quality, oil and gas solely in accordance with § 69-7-207(3) .
Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021.
Acts 2000, ch. 854, §7; T.C.A. § 69-8-206; Acts 2005, ch. 325, § 1.
Tenn. Code Ann. § 69-5-132 — TN Code / Title 69 / Chapter 5 / Section 69-5-132
Preliminary expenses - Contribution by county
Status: in_force

The county legislative body has the right to contribute, out of the general county fund, such amount as it sees fit to be used in the payment of such preliminary expenses, without requiring the same to be paid back or refunded to the county; and where any county has previously, by order of the county legislative body, advanced or paid any of the preliminary expenses, the county legislative body may, if it sees fit, by proper order donate the amount, or any part thereof, and not require the amount so donated or contributed to be paid back or refunded to the county. Acts 1913 (1st Ex. Sess.), ch. 37, § 1; Shan., § 3871a150; Code 1932, § 4385; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-739; T.C.A. § 69-6-132 .
The county legislative body has the right to contribute, out of the general county fund, such amount as it sees fit to be used in the payment of such preliminary expenses, without requiring the same to be paid back or refunded to the county; and where any county has previously, by order of the county legislative body, advanced or paid any of the preliminary expenses, the county legislative body may, if it sees fit, by proper order donate the amount, or any part thereof, and not require the amount so donated or contributed to be paid back or refunded to the county.
Acts 1913 (1st Ex. Sess.), ch. 37, § 1; Shan., § 3871a150; Code 1932, § 4385; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-739; T.C.A. § 69-6-132 .
Tenn. Code Ann. § 69-5-909 — TN Code / Title 69 / Chapter 5 / Section 69-5-909
Warrants issued instead of bonds
Status: in_force

If the board of directors of any improvement district deems best, instead of issuing bonds, it may direct that warrants shall be issued or drawn on such district, or on the county trustee, by the county mayor, to be paid out of the funds of such district only, and at such times as the assessments may be due, or as may be deemed best, the time of the maturity of assessments as fixed being considered, such warrants to be issued or drawn for all lawful demands on such district, and to bear interest at not more than six percent (6%) per annum. Acts 1909, ch. 185, § 28; Shan., § 3871a115; Code 1932, §4343; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1409; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-909.
If the board of directors of any improvement district deems best, instead of issuing bonds, it may direct that warrants shall be issued or drawn on such district, or on the county trustee, by the county mayor, to be paid out of the funds of such district only, and at such times as the assessments may be due, or as may be deemed best, the time of the maturity of assessments as fixed being considered, such warrants to be issued or drawn for all lawful demands on such district, and to bear interest at not more than six percent (6%) per annum.
Acts 1909, ch. 185, § 28; Shan., § 3871a115; Code 1932, §4343; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1409; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-909.
Tenn. Code Ann. § 69-6-108 — TN Code / Title 69 / Chapter 6 / Section 69-6-108
Conduct of election - Voting places - Judges and clerks
Status: in_force

(a) The board shall designate one (1) or more centrally located voting places within the proposed district, but if the territory of such proposed district lies in more than one (1) county, then at least one (1) voting place shall be designated within each county of the proposed district in which more than fifteen (15) voters reside, and if there are less than fifteen (15) eligible voters, the board shall designate an adjacent county in the district in which they shall vote. (b) The board shall name and appoint three (3) judges and two (2) clerks for each designated voting place. The judges and clerks shall take oath to perform faithfully their duties as judges and clerks, respectively, and shall receive compensation for their services as may be prescribed by the board, which shall not exceed the per diem allowed election officers for holding general elections in the county. (c) No member of the board shall be eligible to serve as a judge or clerk in any water district election. Acts 1955, ch. 112, § 6; T.C.A., § 70-1808; T.C.A. § 69-7-108.
(a) The board shall designate one (1) or more centrally located voting places within the proposed district, but if the territory of such proposed district lies in more than one (1) county, then at least one (1) voting place shall be designated within each county of the proposed district in which more than fifteen (15) voters reside, and if there are less than fifteen (15) eligible voters, the board shall designate an adjacent county in the district in which they shall vote.
(b) The board shall name and appoint three (3) judges and two (2) clerks for each designated voting place. The judges and clerks shall take oath to perform faithfully their duties as judges and clerks, respectively, and shall receive compensation for their services as may be prescribed by the board, which shall not exceed the per diem allowed election officers for holding general elections in the county.
(c) No member of the board shall be eligible to serve as a judge or clerk in any water district election.
Acts 1955, ch. 112, § 6; T.C.A., § 70-1808; T.C.A. § 69-7-108.
Tenn. Code Ann. § 69-5-802 — TN Code / Title 69 / Chapter 5 / Section 69-5-802
Collection and enforcement of assessment
Status: in_force

(a) The assessment, the collection of the assessment, and the delinquencies, if any, shall be collected and enforced in the same manner, all as provided in this part, and by law, and the compensation of the trustee for collecting and paying over the assessment shall be the same as is provided by § 69-5-931 . (b) For this special assessment, the court may fix the dates within which the assessment shall be collected, the court fixing the same within such dates as the court shall deem reasonable for the collection of the same. (c) The assessments shall be a lien upon the respective tracts of land in the district upon which the assessment is made, but shall be inferior to the lien of any assessment that shall thereafter be made for the purpose of creating a fund for the payment of bonds and the interest on the same, as provided in this part and part 9 of this chapter and by law. Acts 1915, ch. 63, §2; Shan., § 3871a64; mod. Code 1932, § 4292; T.C.A. (orig. ed.), § 70-1302; T.C.A. § 69-6-802.
(a) The assessment, the collection of the assessment, and the delinquencies, if any, shall be collected and enforced in the same manner, all as provided in this part, and by law, and the compensation of the trustee for collecting and paying over the assessment shall be the same as is provided by § 69-5-931 .
(b) For this special assessment, the court may fix the dates within which the assessment shall be collected, the court fixing the same within such dates as the court shall deem reasonable for the collection of the same.
(c) The assessments shall be a lien upon the respective tracts of land in the district upon which the assessment is made, but shall be inferior to the lien of any assessment that shall thereafter be made for the purpose of creating a fund for the payment of bonds and the interest on the same, as provided in this part and part 9 of this chapter and by law.
Acts 1915, ch. 63, §2; Shan., § 3871a64; mod. Code 1932, § 4292; T.C.A. (orig. ed.), § 70-1302; T.C.A. § 69-6-802.
Tenn. Code Ann. § 69-5-1103 — TN Code / Title 69 / Chapter 5 / Section 69-5-1103
Engineer, viewers, commissioners, and directors
Status: in_force

The court in which the petition is filed has full power and authority to appoint the engineer, viewers to assess damages, commissioners to make assessments and apportion the same on the lands affected, and directors, just as if such district lay wholly in one (1) county, and as provided in parts 1-7 of this chapter, when such district lies entirely in one (1) county. The viewers and commissioners shall make their reports to the court where the petition was filed and only to that court. The county mayor of the county where such petition is filed shall be, ex officio, chair of such board of directors. The viewers and commissioners may be resident citizens of any one (1) or more of the counties having lands embraced in such district, but with all the other qualifications set out in parts 2 and 3 of this chapter. Acts 1915, ch. 61, §2; Shan., § 3871a163; Code 1932, §4399; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1508; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1103.
The court in which the petition is filed has full power and authority to appoint the engineer, viewers to assess damages, commissioners to make assessments and apportion the same on the lands affected, and directors, just as if such district lay wholly in one (1) county, and as provided in parts 1-7 of this chapter, when such district lies entirely in one (1) county. The viewers and commissioners shall make their reports to the court where the petition was filed and only to that court. The county mayor of the county where such petition is filed shall be, ex officio, chair of such board of directors. The viewers and commissioners may be resident citizens of any one (1) or more of the counties having lands embraced in such district, but with all the other qualifications set out in parts 2 and 3 of this chapter.
Acts 1915, ch. 61, §2; Shan., § 3871a163; Code 1932, §4399; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1508; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-1103.
Tenn. Code Ann. § 69-5-131 — TN Code / Title 69 / Chapter 5 / Section 69-5-131
Payment of preliminary expenses - Methods of refunding
Status: in_force

The preliminary expenses of such district, ditch, drain, or watercourse improvement, not including contracts for construction, may be paid by order of the county legislative body of the county in which the lands lie of such improvement district out of the general county fund, and, if so paid, to be refunded to the county out of assessments collected from the lands of such improvement district when so collected, and if not so repaid, for any reason, then to be adjudged against and collected out of the bond of the petitioners required by § 69-5-103 , and thus repaid to the county. Acts 1909, ch. 185, § 39; Shan., § 3871a149; Code 1932, §4384; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-738; T.C.A. § 69-6-131 .
The preliminary expenses of such district, ditch, drain, or watercourse improvement, not including contracts for construction, may be paid by order of the county legislative body of the county in which the lands lie of such improvement district out of the general county fund, and, if so paid, to be refunded to the county out of assessments collected from the lands of such improvement district when so collected, and if not so repaid, for any reason, then to be adjudged against and collected out of the bond of the petitioners required by § 69-5-103 , and thus repaid to the county.
Acts 1909, ch. 185, § 39; Shan., § 3871a149; Code 1932, §4384; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-738; T.C.A. § 69-6-131 .
Tenn. Code Ann. § 69-9-301 — TN Code / Title 69 / Chapter 9 / Section 69-9-301
Mufflers required
Status: in_force

The exhaust of every internal combustion engine used on any vessel shall be effectively muffled by a muffling device or system to muffle the noise of the exhaust. Acts 1977, ch. 77, §1; T.C.A., § 70-2241; T.C.A. § 69-10-301.
The exhaust of every internal combustion engine used on any vessel shall be effectively muffled by a muffling device or system to muffle the noise of the exhaust.
Acts 1977, ch. 77, §1; T.C.A., § 70-2241; T.C.A. § 69-10-301.
Tenn. Code Ann. § 69-7-301 — TN Code / Title 69 / Chapter 7 / Section 69-7-301
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Water Resources Information Act." Acts 2002, ch. 800, §2; T.C.A. § 69-8-301.
This part shall be known and may be cited as the "Tennessee Water Resources Information Act."
Acts 2002, ch. 800, §2; T.C.A. § 69-8-301.
Tenn. Code Ann. § 69-10-109 — TN Code / Title 69 / Chapter 10 / Section 69-10-109
Disbursement of moneys
Status: in_force

All funds received by the commissioner under this chapter, together with any interest earned on the funds, shall be deposited into a separate account in the environmental protection fund created by § 68-203-101 . Acts 1963, ch. 325, § 9; T.C.A., § 70-2309; Acts 2002, ch. 800, § 22; T.C.A. § 69-11-109 ; Acts 2007, ch. 362, § 40.
All funds received by the commissioner under this chapter, together with any interest earned on the funds, shall be deposited into a separate account in the environmental protection fund created by § 68-203-101 .
Acts 1963, ch. 325, § 9; T.C.A., § 70-2309; Acts 2002, ch. 800, § 22; T.C.A. § 69-11-109 ; Acts 2007, ch. 362, § 40.
Tenn. Code Ann. § 69-3-203 — TN Code / Title 69 / Chapter 3 / Section 69-3-203
Guidelines for collection of samples
Status: in_force

Water samples collected pursuant to this part shall be collected according to each of the following guidelines: (1) At distances along each of the streams in the Red River and Barren River watersheds in Sumner County of no greater than three (3) miles from the previous sample taken; (2) At or near the same location for each sampling; and (3) On a regular, quarterly basis. Acts 1998, ch. 623, §1; T.C.A. § 69-3-303 .
Water samples collected pursuant to this part shall be collected according to each of the following guidelines:
(1) At distances along each of the streams in the Red River and Barren River watersheds in Sumner County of no greater than three (3) miles from the previous sample taken;
(2) At or near the same location for each sampling; and
(3) On a regular, quarterly basis.
Acts 1998, ch. 623, §1; T.C.A. § 69-3-303 .
Tenn. Code Ann. § 69-3-126 — TN Code / Title 69 / Chapter 3 / Section 69-3-126
Pretreatment enforcement - Assessment for noncompliance with program permits or orders
Status: in_force

(a) The local administrative officer may assess the liability of any polluter or violator for damages to the pretreatment agency resulting from any person's or industrial user's pollution or violation, failure, or neglect in complying with any permits or orders issued pursuant to the pretreatment program or § 69-3-123 , § 69-3-124 , or § 69-3-125 . (b) If an appeal from such assessment is not made to the local hearing authority by the polluter or violator within thirty (30) days of notification of such assessment, the polluter or violator shall be deemed to have consented to the assessment, and it shall become final. (c) Damages may include any expenses incurred in investigating and enforcing the pretreatment program or §§ 69-3-123 - 69-3-129, in removing, correcting, and terminating any pollution, and also compensation for any actual damages caused by the pollution or violation. (d) Whenever any assessment has become final because of a person's failure to appeal within the time provided, the local administrative officer may apply to the appropriate court for a judgment, and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment. Acts 1987, ch. 111, § 5.
(a) The local administrative officer may assess the liability of any polluter or violator for damages to the pretreatment agency resulting from any person's or industrial user's pollution or violation, failure, or neglect in complying with any permits or orders issued pursuant to the pretreatment program or § 69-3-123 , § 69-3-124 , or § 69-3-125 .
(b) If an appeal from such assessment is not made to the local hearing authority by the polluter or violator within thirty (30) days of notification of such assessment, the polluter or violator shall be deemed to have consented to the assessment, and it shall become final.
(c) Damages may include any expenses incurred in investigating and enforcing the pretreatment program or §§ 69-3-123 - 69-3-129, in removing, correcting, and terminating any pollution, and also compensation for any actual damages caused by the pollution or violation.
(d) Whenever any assessment has become final because of a person's failure to appeal within the time provided, the local administrative officer may apply to the appropriate court for a judgment, and seek execution on such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment.
Acts 1987, ch. 111, § 5.