reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 3 - STATE PARK FUNDING (§§ 11-3-301 — 11-3-307) › Section 11-3-306 - State parks hospitality maintenance and improvement fund

(a)
There is hereby created within the general fund a special account to be known as the "state parks hospitality maintenance and improvement fund." The commissioner must deposit revenue generated by the revenue-generating facilities enumerated in §
11-3-305
into the fund in such a manner that the total amount of revenue deposited each fiscal year, at a minimum, is equal to two percent (2%) of the annual gross revenue generated by the facilities.
(b)
(1)
Any unencumbered funds and any unexpended balance of the state parks hospitality maintenance and improvement fund remaining at the end of a fiscal year shall not revert to the general fund, but instead must be carried forward until expended in accordance with this part.
(2)
Interest accruing on investments and deposits of the state parks hospitality maintenance and improvement fund must be returned to that fund and remain a part of that fund.
(3)
Moneys in the state parks hospitality maintenance and improvement fund must be invested by the state treasurer for the benefit of the state parks hospitality maintenance and improvement fund pursuant to §
9-4-603
. The commissioner of environment and conservation shall administer the state parks hospitality maintenance and improvement fund.
(4)
The state parks hospitality maintenance and improvement fund may provide for:
(A)
Routine maintenance on the revenue-generating facilities enumerated in §
11-3-305
;
(B)
Major maintenance and renovation projects for the revenue-generating facilities enumerated in §
11-3-305
;
(C)
Capital improvements to the revenue-generating facilities enumerated in §
11-3-305
; and
(D)
Maintenance to or improvements of the accommodations of the revenue-generating facilities enumerated in §
11-3-305
, including, but not limited to, acquiring, maintaining, repairing, or upgrading the furniture, fixtures, carpet, equipment, or decor.
(c)
If net revenue generated by the revenue-generating facilities enumerated in §
11-3-305
exceeds the need for self-sufficiency of the revenue-generating facilities, then the net revenue does not revert to the general fund and may be applied to state parks in an appropriate manner as determined by the commissioner of environment and conservation.
Amended by 2022 Tenn. Acts, ch. 921,s 3, eff. 4/27/2022.
Acts 2004, ch. 847, § 4.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 3 - STATE PARK FUNDING (§§ 11-3-301 — 11-3-307) › Section 11-3-307 - Use of unexpended balances of appropriations

Any unexpended balances of appropriations not otherwise addressed in this part that are set out for the purposes of defraying the operational expenses of state parks and state parks modernization shall not revert to the general fund and may be applied for such purposes in an appropriate manner as determined by the commissioner of environment and conservation.
Added by 2022 Tenn. Acts, ch. 921,s 4, eff. 4/27/2022.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 1 - GENERAL PROVISIONS (§§ 11-4-101 — 11-4-103) › Section 11-4-101 - Short title

This chapter shall be known as the "Tennessee Forestry Act."
Acts 1986, ch. 652, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 1 - GENERAL PROVISIONS (§§ 11-4-101 — 11-4-103) › Section 11-4-102 - Purpose

The general assembly recognizes that the forests of Tennessee are a valuable natural resource that provide significant economic and social benefits to the citizens of the state. It is further recognized that efforts are needed to effectively protect and develop those forests in a manner that assures the perpetuation of long-term public benefits. In response to such needs, the general assembly has created the Tennessee Forestry Act. The purpose of this chapter is to establish a state forestry organization that is responsible for the development and administration of those programs and services that ensure effective protection, management, and reforestation of Tennessee's forests.
Acts 1986, ch. 652, § 3.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 1 - GENERAL PROVISIONS (§§ 11-4-101 — 11-4-103) › Section 11-4-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Commission" means the state forestry commission;
(2)
"Commissioner" means the commissioner of agriculture;
(3)
"Department" means the department of agriculture;
(4)
"Division" means the division of forestry within the department;
(5)
"Forestry" means the professional application of scientific principles in the management and use of forest land;
(6)
"Forests" means those lands currently occupied by trees of any size and species which may or may not have commercial value but are capable of providing multiple use benefits;
(7)
"Multiple use" means the management and use of forests such that a variety or mix of natural resource benefits are derived from that land. "Multiple use" includes, but is not limited to, a combination of timber production, demonstration, watershed protection, wildlife management, recreation, and aesthetics;
(8)
"Protection" means the application of such technology and services as may be necessary to minimize mortality and loss of growth occurring in forests as a result of wild fire, insects, disease, and other causal agents;
(9)
"Reforestation" means the artificial or natural regeneration of trees on bare land, eroded sites, or previously forested areas;
(10)
"State forester" means the director of the division of forestry;
(11)
"State forests" means those lands owned by the state and administered under the jurisdiction of the division, for the purpose of multiple use; and
(12)
"Vendor services" are contract services for a fee, provided by division personnel, and includes such assistance as tree planting, site preparation, and timber stand improvement.
Acts 1937, ch. 280, § 5; C. Supp. 1950, § 630.9 (Williams, § 630.10); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-404; Acts 1984, ch. 978, § 1; 1986, ch. 652, § 4; T.C.A., § 11-4-104.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 3 - STATE FORESTER (§§ 11-4-301 — 11-4-302) › Section 11-4-302 - Sale, exchange or lease of lands

(a)
The state forester, by and with the approval of the commissioner of agriculture, has the authority to recommend the sale, exchange, or lease of lands under the jurisdiction of the division when, in the judgment of the state forester, it is advantageous to the state to do so, in the highest orderly development and management of the state forests.
(b)
Such sale, lease or exchange shall not be contrary to the terms of any contract which has been entered into heretofore. Such sale, lease or exchange shall be made pursuant to the laws governing the disposal of state property.
Acts 1937, ch. 280, § 15; C. Supp. 1950, § 630.17 (Williams, § 630.20); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-412; Acts 1986, ch. 652, § 9; T.C.A., § 11-4-112.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 4 - DIVISION OF FORESTRY (§§ 11-4-401 — 11-4-411) › Section 11-4-401 - Creation - Administration and supervision

There is created and established a division to be known as the division of forestry, which shall be administered as a division of the department of agriculture. The division will be under the direct supervision of the state forester.
Acts 1937, ch. 280, § 2; C. Supp. 1950, § 630.6 (Williams, § 630.7); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-401; Acts 1986, ch. 652, § 11; T.C.A., §
11-4-101
.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 4 - DIVISION OF FORESTRY (§§ 11-4-401 — 11-4-411) › Section 11-4-402 - Purpose

It is the purpose of the division to develop, implement, and promote those public forestry programs and policies that protect, conserve, and efficiently utilize the state's forest resources.
Acts 1986, ch. 652, § 12.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 4 - DIVISION OF FORESTRY (§§ 11-4-401 — 11-4-411) › Section 11-4-403 - Acceptance of gifts

The division of forestry is authorized to accept gifts, donations or contributions of land suitable for forestry purposes.
Acts 1937, ch. 280, § 10; C. Supp. 1950, § 630.14 (Williams, § 630.15); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-409; Acts 1986, ch. 652, § 13; T.C.A., § 11-4-109.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 4 - DIVISION OF FORESTRY (§§ 11-4-401 — 11-4-411) › Section 11-4-404 - Purchase of land

The division and each county, municipality or other political subdivision of the state are empowered to expend money from available sources to purchase or to aid in the purchase of areas of land for forestry purposes within the meaning of this chapter, such areas to become the property of the state, to be improved, cared for and administered by the division for such purposes respectively.
Acts 1937, ch. 280, § 18; C. Supp. 1950, § 630.20 (Williams, § 630.23); impl. am. Acts 1959, ch. 9 § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-415; Acts 1986, ch. 652, § 14, T.C.A., § 11-4-115.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 4 - DIVISION OF FORESTRY (§§ 11-4-401 — 11-4-411) › Section 11-4-405 - Forest protection

The division is authorized to implement and develop programs to protect the state's forests.
Acts 1986, ch. 652, § 16.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 4 - DIVISION OF FORESTRY (§§ 11-4-401 — 11-4-411) › Section 11-4-406 - Fire protection - Right of entry - Duty of care - Damages

The division, through its authorized employees and agents, may, at any time, go upon any land within this state for the purpose of investigating, preventing, or controlling forest, woods, brush, or grass fires of any nature, or to take other action necessary for the control of forest disease, insects, and other pests without incurring liability for trespassing. This includes the right to take needed firefighting equipment onto and over such property, but such persons are charged with the responsibility of taking reasonable precautions to ensure minimum damages. However, nothing herein shall preclude any such property owner whose premises are entered upon for such purpose from recovering such property owner's actual damages where such person's property is damaged as a result of such entry or crossing, and the state board of claims, upon satisfactory proof of such damage and cause thereof, is authorized to make payments therefor to such injured property owner.
Acts 1963, ch. 144, § 1; impl. am. Acts 1963, ch. 169, § 3; T.C.A., § 11-434; Acts 1986, ch. 652, §§ 17, 47; T.C.A., § 11-4-120.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 4 - DIVISION OF FORESTRY (§§ 11-4-401 — 11-4-411) › Section 11-4-407 - Local cooperation in protection from fire and forest pests

(a)
The legislative bodies of counties within the state are authorized and empowered to cooperate with the division of forestry in the protection of forests within their respective counties from fire and forest pests.
(b)
The county legislative bodies are authorized to appropriate and pay out of the funds under their control, such amounts as may be deemed necessary, to carry out this section.
Acts 1986, ch. 652, § 18.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 4 - DIVISION OF FORESTRY (§§ 11-4-401 — 11-4-411) › Section 11-4-408 - Agreements with federal agencies

The division of forestry, with the approval of the commissioner, may execute agreements with federal agencies for providing fire detection, presuppression, and suppression services on federal lands.
Acts 1986, ch. 652, § 19.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 4 - DIVISION OF FORESTRY (§§ 11-4-401 — 11-4-411) › Section 11-4-409 - Powers of division

The division has the power to enforce all conservation laws and regulations of the state affecting matters or materials under the jurisdiction of the division.
Acts 1937, ch. 280, § 17; C. Supp. 1950, § 630.19 (Williams, § 630.22); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-414; Acts 1986, ch. 652, § 20; T.C.A., § 11-4-114.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 4 - DIVISION OF FORESTRY (§§ 11-4-401 — 11-4-411) › Section 11-4-410 - Liability for damages

Any person, firm, or corporation negligently or willfully setting fires shall be civilly liable to the division for any expenses incurred in extinguishing such fires.
Acts 1986, ch. 652, § 21.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 4 - DIVISION OF FORESTRY (§§ 11-4-401 — 11-4-411) › Section 11-4-411 - Rural community fire protection program

The division is authorized to give grants to rural communities for the purposes of organizing, training, and equipping participating volunteer fire control organizations. Funds may be made available annually to organizations on a matching cost share basis. To qualify for funding and/or equipment, organizations must enter into cooperative fire protection agreements with the division. The division is authorized to prepare policies and procedures for implementation of the program and to include in the annual budget request such funding as is necessary to implement this section. There are hereby authorized to be appropriated annually such sums as may be needed to implement the rural community fire protection program.
Acts 1986, ch. 652, § 22.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 5 - SOUTHEAST INTERSTATE FOREST FIRE PROTECTION COMPACT (§§ 11-4-501 — 11-4-505) › Section 11-4-502 - Execution by governor - Ratification

When the governor has executed the compact on behalf of this state and has caused a verified copy thereof to be filed with the secretary of state, and when the compact has been ratified by one (1) or more of the states named in §
11-4-501
, then it shall become operative and effective as between this state and such other state or states, and the governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents between this state and any other state ratifying the compact.
Acts 1955, ch. 108, § 2; T.C.A., § 11-426; Acts 1986, ch. 652, § 25; T.C.A., §
11-4-302
.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 5 - SOUTHEAST INTERSTATE FOREST FIRE PROTECTION COMPACT (§§ 11-4-501 — 11-4-505) › Section 11-4-503 - Compact administrator - Members of advisory committee

In pursuance of article III of the compact, the director of the division of forestry, within the department of agriculture, shall act as compact administrator for the state of Tennessee of the Southeastern Interstate Forest Fire Protection Compact during the director's term of office as director, and the director's successor as compact administrator shall be the director's successor as director of the division of forestry. As compact administrator, the director shall be an ex officio member of the advisory committee of the Southeastern Interstate Forest Fire Protection Compact and chair ex officio of the Tennessee members of the advisory committee. There shall be four (4) members of the Southeastern Interstate Forest Fire Protection Compact advisory committee from the state of Tennessee, two (2) of such members from the state shall be members of the general assembly, one (1) from the senate and one (1) from the house of representatives, to be designated by the governor, and the terms of any such members shall terminate at the time they cease to hold legislative office, and their successors, as members, shall be named in a like manner. The governor shall appoint the other two (2) members from the state at large, one (1) of whom shall be associated with forestry or forest products industries. The terms of such members shall be two (2) years and they shall hold office until their respective successors shall be appointed and qualified. Vacancies occurring on the committee shall be filled by appointment by the governor for the unexpired term. The director of the division of forestry, as compact administrator for the state of Tennessee, may delegate, from time to time, to any deputy or other subordinate in the director's office, the power to be present and participate, including voting as the director's representative or substitute at any meeting of or hearing by or other proceeding of the compact administrators of the advisory committee. The terms of each of the initial four (4) memberships, whether appointed at the time or not, shall begin upon the date upon which the compact shall become effective in accordance with article II of the compact. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1955, ch. 108, § 3; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; Acts 1976, ch. 806, § 1(49); T.C.A., § 11-427; Acts 1986, ch. 652, §§ 26, 47; T.C.A., § 11-4-303.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 5 - SOUTHEAST INTERSTATE FOREST FIRE PROTECTION COMPACT (§§ 11-4-501 — 11-4-505) › Section 11-4-504 - Powers of administrator

The director of the division of forestry, as compact administrator, shall be vested with all powers provided for in the compact and all the powers necessary or incidental to the carrying out of the compact in every particular.
Acts 1955, ch. 108, § 4; T.C.A., § 11-428; Acts 1986, ch. 652, § 27; T.C.A., § 11-4-304.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 5 - SOUTHEAST INTERSTATE FOREST FIRE PROTECTION COMPACT (§§ 11-4-501 — 11-4-505) › Section 11-4-505 - Commitment of funds to compact

It is unlawful for the compact administrator or the director's representative, and/or the members of the Southeastern Interstate Forest Fire Protection Compact advisory committee representing the state of Tennessee, to make any agreement, to create any obligation, or to commit the state for any funds, moneys or property in excess of the amounts on hand and/or the amount of appropriation for the biennium. Any such agreement, obligation or commitment shall be null and void. Such agreements, obligations or commitments shall be approved by the attorney general and reporter prior to their execution by the proper officials of the state of Tennessee.
Acts 1955, ch. 108, § 5; T.C.A., § 11-429; Acts 1986, ch. 652, §§ 28, 47; T.C.A., § 11-4-305.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 6 - REFORESTATION (§§ 11-4-601 — 11-4-604) › Section 11-4-601 - Reforestation program

The division shall acquire, develop, and administer forest tree seedling nursery sites and facilities as necessary to assure the long-term production of seedlings in sufficient quantity and quality for purposes of reforestation, and shall maintain a tree improvement program to assure the continued development and production of genetically superior tree seed.
Acts 1986, ch. 652, § 30.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 6 - REFORESTATION (§§ 11-4-601 — 11-4-604) › Section 11-4-602 - Cooperation with federal government

The division is authorized to cooperate with the federal government in the implementation of respective reforestation and forest improvement programs, including the reclamation and stabilization of critically eroding areas and those cost share programs intended to protect and improve the productivity of forest land.
Acts 1986, ch. 652, § 31.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 6 - REFORESTATION (§§ 11-4-601 — 11-4-604) › Section 11-4-603 - Incentive program

The division is authorized to establish a state reforestation incentive program. The purpose of the program is to encourage the reforestation of suitable open lands, cutover, or other nonstocked or understocked forests, and severely eroding areas. Program funds will be made available to eligible landowners on a matching cost share basis. The division is hereby authorized to receive funding in the form of voluntary contributions from organizations, industry, individuals, institutions, corporations, and other private, nongovernmental bodies to be placed in the state reforestation incentive fund for use by the division in providing matching funds for purposes of implementing this section.
Acts 1986, ch. 652, § 32.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 6 - REFORESTATION (§§ 11-4-601 — 11-4-604) › Section 11-4-604 - Implementation of incentive program

The state forester is authorized to develop policies and procedures for implementation of the program. There are hereby authorized to be appropriated annually such sums as may be needed to implement the state reforestation incentive program.
Acts 1986, ch. 652, § 33.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 7 - TECHNICAL ASSISTANCE AND SERVICES (§§ 11-4-701 — 11-4-703) › Section 11-4-701 - Technical assistance

The division is authorized to provide technical forestry information, advice, and related assistance to landowners, managers, forest operators, wood processors, agencies, organizations, and individuals. Such assistance and services may include:
(1)
Inspection and examination of forest lands and forest products processing operations;
(2)
Management planning and advice and recommendations concerning reforestation, silvicultural practices, timber sale preparation, and other activities that improve the forest resource;
(3)
Advice and consultation regarding:
(A)
Harvesting, processing, and marketing of wood and wood products; and
(B)
Management of trees and forests within urban areas;
(4)
Protection of forest soil and the quality and quantity of water;
(5)
Protection of the forest resource from insects, disease, and other pests;
(6)
Enhancement of wildlife habitat and forest recreation opportunities;
(7)
Authority to provide forestry vendor services at approximate cost;
(8)
Preparation and distribution of educational materials; and
(9)
Management of trees in urban areas.
Acts 1986, ch. 652, § 35.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 7 - TECHNICAL ASSISTANCE AND SERVICES (§§ 11-4-701 — 11-4-703) › Section 11-4-702 - Cooperative urban forestry program

The division is hereby authorized to make grants using federal and/or state funds to qualifying cities, towns, municipalities, and other communities for purposes of establishing cooperative urban forestry programs. The division is authorized to develop policies and procedures for implementation of the urban forestry grant program.
Acts 1986, ch. 652, § 36.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 7 - TECHNICAL ASSISTANCE AND SERVICES (§§ 11-4-701 — 11-4-703) › Section 11-4-703 - Assistance to forest landowner associations

In order to promote forestry on nonindustrial privately owned lands, the division is authorized to provide assistance in the establishment of forest landowner associations which encourage and promote improved forest protection, management, reforestation, and forest products marketing and utilization.
Acts 1986, ch. 652, § 37.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 8 - STATE FORESTS (§§ 11-4-801 — 11-4-807) › Section 11-4-801 - Basic system of state forests authorized

The department of agriculture, through the division, is authorized to establish and manage a system of state forests to provide for the multiple use management of the various renewable and nonrenewable resources such that those resources are utilized in the combination that best meets the needs of the people of Tennessee. The system shall include those lands which the division deems suitable for public forestry purposes.
Acts 1986, ch. 652, § 39.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 8 - STATE FORESTS (§§ 11-4-801 — 11-4-807) › Section 11-4-802 - Comprehensive state forest system plan

The division will prepare and periodically revise a comprehensive state forest system plan that describes policies, procedures, methodologies, and management guidelines for implementation of the state forest system.
Acts 1986, ch. 652, § 40.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 8 - STATE FORESTS (§§ 11-4-801 — 11-4-807) › Section 11-4-803 - Cooperation with executive director of wildlife resources agency

The state forester, by and with the approval of the commissioner of agriculture, shall cooperate with the executive director of the wildlife resources agency in furtherance of the policy of this state to protect and propagate wild animals, wild birds and fish, and, by and with the consent of the commissioner, shall designate any state forest a game refuge or preserve, and is authorized to cooperate with the executive director of the wildlife resources agency in developing such state forests for the purpose of preserving and propagating the wildlife of this state.
Acts 1937, ch. 280, § 19; C. Supp. 1950, § 630.21 (Williams, § 630.24); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; impl. am. Acts 1974, ch. 481, §§ 4, 6; T.C.A. (orig. ed.), § 11-416; Acts 1986, ch. 652, § 41; T.C.A., § 11-4-116.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 8 - STATE FORESTS (§§ 11-4-801 — 11-4-807) › Section 11-4-804 - Acquisition of state forests authorized

The division of forestry is authorized and empowered to acquire by purchase, gift, lease, or otherwise, and hold title thereto in the name of the state, lands to be known as state forests.
Acts 1937, ch. 280, § 7; C. Supp. 1950, § 630.11 (Williams, § 630.12); impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-406; Acts 1986, ch. 652, § 42; T.C.A., § 11-4-106.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 8 - STATE FORESTS (§§ 11-4-801 — 11-4-807) › Section 11-4-805 - Procuring sale and title to tax delinquent lands

The state forester or the state forester's authorized representatives are empowered and authorized to examine delinquent tax lists in the hands of the trustees of the various counties of the state, as well as the commissioner of revenue, and shall cooperate with the county trustees, the commissioner of revenue, or any back tax attorney, in obtaining the sale of land which in the opinion of the state forester is suitable for state conservation, and in acquiring title to such lands in the name of the state and in the dedication of the same to state forests or other conservation purposes.
Acts 1937, ch. 280, § 8; C. Supp. 1950, § 630.12 (Williams, § 630.13); impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 11-407; Acts 1986, ch. 652, §§ 43, 47; T.C.A., § 11-4-107.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 8 - STATE FORESTS (§§ 11-4-801 — 11-4-807) › Section 11-4-806 - Management of lands acquired through tax sale

When the state has acquired title to lands sold to satisfy liens for delinquent taxes, and same have been proclaimed and dedicated by the governor to the public use as state forests, the state forester shall have the same authority and power to administer and manage such lands as the state forester does lands which have been acquired by purchase, gift or otherwise.
Acts 1937, ch. 280, § 9; C. Supp. 1950, § 630.13 (Williams, § 630.14); T.C.A. (orig. ed.), § 11-408; Acts 1986, ch. 652, § 44, 47; T.C.A., § 11-4-108.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 8 - STATE FORESTS (§§ 11-4-801 — 11-4-807) › Section 11-4-807 - Free use of timber from state forests - Designated free-use areas - Notice - State immunity from liability

(a)
As used in this section, "free-use area" means an area where residents of this state may remove downed and dead timber from a state forest, without cost, for their own personal use as firewood for home heating and cooking; provided, that none of the firewood is offered for sale.
(b)
The state forester must designate portions or all of each state forest as free-use areas where such designation is compatible with the comprehensive state forest system plan prepared under §
11-4-802
.
(c)
Removing downed and dead timber in designated free-use areas shall be in accordance with rules promulgated by the state forester and approved by the commissioner to prevent fires, minimize damage to live trees and other resources, and to avoid confusion and safety risks among users.
(d)
The state forester must publish notice of any designation made under subsection (b) on the department's website in a manner approved by the commissioner.
(e)
This state and its officers and employees shall not be liable to any person for any personal injury, property damage, or death sustained or caused by an individual while removing downed and dead timber in a designated free-use area unless conduct of the state or a state officer or employee that directly caused the personal injury, property damage, or death was intentional tortious conduct or an act or omission constituting gross negligence.
Acts 2018, ch. 730, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 9 - OTHER PROGRAMS (§ 11-4-901) › Section 11-4-901 - Programs

The division may conduct other programs and activities, not described in this chapter, which shall further the purpose of the division to protect, conserve and promote the state's forest resources.
Acts 1986, ch. 652, § 46.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 10 - TENNESSEE PRESCRIBED BURNING ACT (§§ 11-4-1001 — 11-4-1003) › Section 11-4-1001 - Short title

This part shall be known and may be cited as the "Tennessee Prescribed Burning Act."
Acts 2012, ch. 985, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 10 - TENNESSEE PRESCRIBED BURNING ACT (§§ 11-4-1001 — 11-4-1003) › Section 11-4-1002 - Part definitions

As used in this part, unless the context requires otherwise:
(1)
"Certified prescribed burn manager" means a person who successfully completes the prescribed burner certification program approved by the division of forestry;
(2)
"Prescribed burning" means the controlled application of fire to naturally occurring vegetative fuels for ecological, silvicultural and wildlife management purposes under specified environmental conditions and the following of appropriate precautionary measures which cause the fire to be confined to a predetermined area and accomplishes the planned land management objectives; and
(3)
"Prescription" means a written plan for starting and controlling a prescribed burn to accomplish ecological, silvicultural and wildlife management objectives.
Acts 2012, ch. 985, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 4 - STATE FORESTS (§§ 11-4-101 — 11-4-1003) › Part 10 - TENNESSEE PRESCRIBED BURNING ACT (§§ 11-4-1001 — 11-4-1003) › Section 11-4-1003 - Application of prescribed burning

(a)
(1)
No property owner, person, corporation, limited liability company, partnership, natural person, agent of the owner, or any other entity who conducts a prescribed burn pursuant to the requirements of this part shall be liable for damage, injury or loss caused by fire unless negligence is proven.
(2)
No property owner, person, corporation, limited liability company, partnership, natural person, agent of the owner, or any other entity who conducts a prescribed burn pursuant to the requirements of this part shall be liable for damage, injury or loss caused by the resulting smoke unless negligence is proven.
(b)
Prescribed burning conducted in accordance with this section shall:
(1)
Require that a written prescription be prepared, signed, and followed by the certified prescribed burn manager;
(2)
Require that the certified prescribed burn manager maintain the prescription in the manager's records, and possess the prescription on site during all prescribed burnings;
(3)
Occur only when at least one (1) certified prescribed burn manager is on site and supervising burns while they are being conducted;
(4)
Require that the certified prescribed burn manager supervising the burns being conducted is the person who directly observes and coordinates the lighting of the fire to initiate the burn process;
(5)
Require a burning permit be obtained from the division of forestry as required in §
39-14-306
; and
(6)
Be considered in the public interest and shall not constitute a public or private nuisance when conducted pursuant to state air pollution control statutes and rules applicable to prescribed burning.
(c)
Certified prescribed burn managers shall take into account the variability of environmental conditions on site when preparing prescriptions, and shall include in each prescription a plan of action to address emergencies that could occur during prescribed burnings.
(d)
The division of forestry is authorized to promulgate rules and regulations to effectuate the purposes of this part, including, but not limited to, the certification of prescribed burn managers and guidelines for a prescribed burn prescription. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2012, ch. 985, § 3.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 5 - GEOLOGY (§§ 11-5-101 — 11-5-108) › Section 11-5-101 - Division established - State geologist - Qualifications

There shall be a division of the department of environment and conservation known as the division of geology, and a state geologist, who shall be a graduate of a recognized college and shall have had at least three (3) years' experience in practical geological work.
Acts 1923, ch. 7, § 37; Shan. Supp., §§ 373a89, 373a90; Code 1932, §§ 312, 622; impl. am. Acts 1937, ch. 33, §§ 56, 69; C. Supp. 1950, § 622; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-501.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 5 - GEOLOGY (§§ 11-5-101 — 11-5-108) › Section 11-5-102 - State geologist - Powers and duties - Geological survey

It is the duty of the state geologist, subject to the approval of the commissioner of environment and conservation, to:
(1)
Organize and direct the work of the state geological survey in field and office;
(2)
Determine the character, order, and time of publication of the reports of the survey, and to direct the preparation, printing, and distribution of the same;
(3)
Arrange for cooperative work with the various federal and state scientific bureaus where such work shall redound to the interest of the people of the state;
(4)
Appoint such associates, assistants, and employees as may be necessary to carry out successfully and speedily the work of the survey;
(5)
Procure and have charge of the necessary field and office supplies and other equipment, and supervise the acquisition, care, and distribution of the collections of the state geological survey; and
(6)
Perform such other work as may be necessary to the successful conduct of the survey.
Acts 1909, ch. 569, § 4; Shan., § 310a; 4; mod. Code 1932, § 625; impl. am. Acts 1937, ch. 33, §§ 56, 69; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-502.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 5 - GEOLOGY (§§ 11-5-101 — 11-5-108) › Section 11-5-103 - Objects and duties of state geological division

The geological division has for its objects and duties the following:
(1)
A study of the geological formations of the state, with especial reference to their economic products, including coal, oil, gas, ores, fertilizers, building stones, road-making materials, clays, cement materials, sands, soils, forests, mineral and artesian waters, drainage of swamps, streams, and water powers, and other natural resources;
(2)
A study of the character, origin, and relations of the soils of the state, with especial reference to their adaptability to particular crops, the maintenance of soil fertility, and the conservation and utilization of supplies of natural fertilizers;
(3)
A study of the road-making materials of the state, with reference to their character, distribution, and the best methods of utilizing the same;
(4)
A study of the occurrence and availability of underground water supplies;
(5)
An investigation of the forests, streams, and water powers of the state, with especial reference to their conservation and development for industrial enterprises;
(6)
A study of the swamp and other nontillable lands of the state, with reference to their reclamation for agricultural purposes;
(7)
A study of the physical features of the state, with reference to their bearing upon the occupations, physical welfare, and intellectual pursuits of the people;
(8)
The preparation, in accordance with the rules, regulations, policies and procedures of the state publications committee, of special reports with necessary illustrations and maps, which shall embrace both general and detailed descriptions of the geology, topography, and natural resources of the state;
(9)
The preparation, in accordance with the rules, regulations, policies and procedures of the state publications committee, of special geologic, topographic, and economic maps to illustrate the structure, relief, and natural resources of the state; and
(10)
The consideration of such other scientific and economic questions as in the judgment of the commissioner of environment and conservation shall be deemed of value to the people of the state.
Acts 1909, ch. 569, § 5; Shan., § 310a5; mod. Code 1932, § 626; impl. am. Acts 1937, ch. 33, §§ 56, 69; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-503; Acts 1990, ch. 1024, §§ 11, 12.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 5 - GEOLOGY (§§ 11-5-101 — 11-5-108) › Section 11-5-104 - Printing and sale of reports and maps - Reports to general assembly

(a)
The regular and special reports of the state geological division, with proper illustrations and maps, shall be printed and distributed and sold as the commissioner of environment and conservation shall deem best for the interest of the people of the state and as the commissioner may direct, and all moneys obtained by the sale of the reports shall be paid into the state treasury.
(b)
The commissioner shall cause to be prepared a report to the general assembly before each meeting of the same, showing the progress and condition of the survey, together with such other information as they may deem necessary and useful, or as the general assembly may require; provided, that the commissioner shall have the right to print and distribute the reports.
Acts 1909, ch. 569, § 6; Shan., § 310a6; mod. Code 1932, § 627; impl. am. Acts 1937, ch. 33, §§ 56, 69; T.C.A. (orig. ed.), § 11-504.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 5 - GEOLOGY (§§ 11-5-101 — 11-5-108) › Section 11-5-105 - Disposition of materials collected, records, books, reports, and equipment, upon completion or discontinuance of survey

After having served the purposes of the survey, all materials collected shall be distributed by the state geologist to the educational institutions of the state in such manner as the commissioner of environment and conservation may determine to be of advantage to the educational interests of the state; provided, that if deemed advisable, the commissioner may first use such portion as may be necessary to establish a permanent exhibit of the natural resources of the state. On the completion or discontinuance of the state geological survey, the commissioner shall cause all records, notes, books, reports, charts, maps, manuscripts, instruments, and other equipment and property of the survey to be placed in charge of a suitable custodian to be held subject to final disposition by the general assembly; provided, that any field or other equipment which the commissioner shall deem undesirable to preserve may be sold as the commissioner may direct and the money turned into the state treasury; and provided further, that the copies of the reports of the survey left on hand for distribution shall be distributed by the custodian in such manner as shall be for the best interest of the people of the state.
Acts 1909, ch. 569, § 7; Shan., § 310a7; Code 1932, §628; impl. am. Acts 1937, ch. 33, §§ 56, 69; modified; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-505.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 5 - GEOLOGY (§§ 11-5-101 — 11-5-108) › Section 11-5-106 - Cooperation with federal and other state geological surveys

The commissioner of environment and conservation is authorized to enter into cooperation with the United States geological survey and other scientific bureaus of the federal and state governments for the prosecution, at joint expense, of such work in the state as shall be deemed of mutual interest and advantage, and under such conditions as the commissioner may deem to be for the best interest of the people of the state.
Acts 1909, ch. 569, § 8; Shan., § 310a8; mod. Code 1932, § 629; impl. am. Acts 1937, ch. 33, §§ 56, 69; T.C.A. (orig. ed.), § 11-506.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 5 - GEOLOGY (§§ 11-5-101 — 11-5-108) › Section 11-5-107 - Lands may be entered and crossed without damage

In order to carry out this chapter, it is lawful for any person employed hereunder to enter and cross all lands within the state; provided, that in so doing no damage is done to private property.
Acts 1909, ch. 569, § 9; Shan., § 310a9; Code 1932, § 630; T.C.A. (orig. ed.), § 11-507.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 5 - GEOLOGY (§§ 11-5-101 — 11-5-108) › Section 11-5-108 - Vandalism of caves or caverns

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