reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 9 - RECREATIONAL DEVELOPMENT (§§ 11-9-101 — 11-9-203) › Part 1 - PARKS AND RECREATION AREAS (§§ 11-9-101 — 11-9-108) › Section 11-9-107 - Funds deposited in state treasury - Disbursement

Any federal, local or private funds which may be received under this part shall be deposited in the state treasury and credited to an account for the purpose of carrying out this part. The funds in this account, unless otherwise directed by federal law, shall be disbursed in the usual manner as state funds. All disbursements are to be subject to the approval of the governor and of the commissioner of finance and administration.
Acts 1965, ch. 181, § 7; T.C.A., § 11-1207.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 9 - RECREATIONAL DEVELOPMENT (§§ 11-9-101 — 11-9-203) › Part 1 - PARKS AND RECREATION AREAS (§§ 11-9-101 — 11-9-108) › Section 11-9-108 - Parks and recreation programs technical advisory service - Appropriation from federal funds

There is created in the department of environment and conservation a technical advisory service to assist county and municipal governments in the establishment and operation of parks and recreation programs by providing technical and other advice. The source of funding for this service is hereby specified as being the administrative funds apportioned to the department each year from the federal land and water conservation fund.
Acts 1978, ch. 766, §§ 1, 2; 1979, ch. 105, §§ 1, 2; T.C.A., § 11-1208.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 9 - RECREATIONAL DEVELOPMENT (§§ 11-9-101 — 11-9-203) › Part 2 - RECREATION INITIATIVE PROGRAM (§§ 11-9-201 — 11-9-203) › Section 11-9-201 - Short title

The title of this part is and may be cited as the "Tennessee Recreation Initiative Program of 1995."
Acts 1995, ch. 540, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 9 - RECREATIONAL DEVELOPMENT (§§ 11-9-101 — 11-9-203) › Part 2 - RECREATION INITIATIVE PROGRAM (§§ 11-9-201 — 11-9-203) › Section 11-9-202 - Qualified applicants - Grants - Community matching

(a)
Any city or county wishing to participate in this program may apply for funding through a competitive matching grant process as established by the department of environment and conservation's recreation services division.
(b)
Three (3) grants shall be awarded annually on the basis of need and population on a statewide basis, with one (1) award to be made in each grand division; provided, however, that, if, after the department notifies local governments of the availability of the grants, there are no applications from a grand division, then the department may award more than one (1) grant to a grand division. Any grant proposal that is based on a multi-government project shall have priority over all other projects submitted by a single governmental entity.
(c)
The state grants and the community's match shall be used to hire a professional recreation and park director, to furnish and establish a recreation office and to hire such other staff with professional or other appropriate qualifications as are needed.
(d)
(1)
The grant shall be for a three-year period.
(2)
During the first two (2) years in the program, the community shall match up to fifty thousand dollars ($50,000) from the state.
(3)
The third year in the program, the community is responsible for one hundred percent (100%) of the funding for the new program. If the community fails to fund the third year, the dollar value of total grants received would be owed to the state because of the community's failure to fulfill its contract.
(4)
After the third year, the community shall have no obligation to continue the program.
(e)
State support during the grant period shall include:
(1)
Assistance selecting professional staff;
(2)
Staff training;
(3)
Technical assistance on establishing a board or commission; and
(4)
Additional funding opportunities.
Acts 1995, ch. 540, § 3; 2006, ch. 595, §§ 1 - 3.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 9 - RECREATIONAL DEVELOPMENT (§§ 11-9-101 — 11-9-203) › Part 2 - RECREATION INITIATIVE PROGRAM (§§ 11-9-201 — 11-9-203) › Section 11-9-203 - Budget

(a)
The total budget for this program in its first year of operation shall be:
(1)
Three (3) new recreation programs at twenty-five thousand dollars ($25,000) each; and
(2)
Administrative costs of eight thousand dollars ($8,000) for each department;
for a total of ninety-nine thousand dollars ($99,000) expended by the state in the first year of the program.
(b)
The implementation of this part is subject to funding in the general appropriations act.
Acts 1995, ch. 540, § 4.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 10 - LEASE OF RECREATIONAL LANDS TO STATE-LIABILITY OF LESSOR (§§ 11-10-101 — 11-10-106) › Section 11-10-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Charge" means the amount of money asked in return for an invitation to enter or go upon the land;
(2)
"Conservation easement" means a conservation easement as defined in §
66-9-303
;
(3)
"Land" includes, but is not limited to, roads, water, watercourses, private ways and buildings, structures and machinery or equipment thereon when attached to the realty;
(4)
"Owner" includes, but is not limited to, tenant, lessee, occupant or person in control of the premises;
(5)
"Public use easement" means a public use easement as defined in §
11-13-102
; and
(6)
"Recreational purposes" includes, but is not limited to, any one (1) or any combination of the following: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, and visiting, viewing or enjoying historical, archaeological, scenic or scientific sites, or otherwise using land for purposes of the user.
Acts 1967, ch. 246, § 3; T.C.A., § 11-1301; Acts 1982, ch. 554, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 10 - LEASE OF RECREATIONAL LANDS TO STATE-LIABILITY OF LESSOR (§§ 11-10-101 — 11-10-106) › Section 11-10-102 - Land leased to political entity for recreational purposes - Duty of care - Warnings

(a)
Unless otherwise agreed in writing, an owner of land leased to the state or any agency thereof, or any county or municipality or agency thereof, for recreational purposes, owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon.
(b)
An owner who leases land to the state or any agency thereof, or any county or municipality or agency thereof, for recreational purposes, shall not by giving such lease:
(1)
Extend any assurance to any person using the land that the premises are safe for any purpose;
(2)
Confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or
(3)
Assume responsibility for or incur liability for any injury to a person or property caused by an act or omission of a person who enters upon the leased land.
(c)
This section applies whether the person entering upon the leased land is an invitee, licensee, trespasser or otherwise.
Acts 1967, ch. 246, § 1; T.C.A., § 11-1302.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 10 - LEASE OF RECREATIONAL LANDS TO STATE-LIABILITY OF LESSOR (§§ 11-10-101 — 11-10-106) › Section 11-10-103 - Land subject to conservation or public use easement - Duty of care - Warnings

(a)
An owner of any land, which is subject to a conservation easement or public use easement, granted to or acquired and held by the state or any agency thereof, owes no duty of care to keep that land safe for entry or use by others or to give warning to any person entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon.
(b)
An owner of land which is subject to an easement granted to or acquired and held by the state or any agency thereof, shall not, by granting such easement:
(1)
Warrant by implication that the real property included in the easement is safe for any purpose;
(2)
Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or
(3)
Assume responsibility for or incur liability for any injury to any person or property caused by an act or omission of any person who enters upon the land subject to such easement.
(c)
This section applies whether the person entering upon the land subject to such easement is an invitee, licensee, trespasser or otherwise.
Acts 1982, ch. 554, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 10 - LEASE OF RECREATIONAL LANDS TO STATE-LIABILITY OF LESSOR (§§ 11-10-101 — 11-10-106) › Section 11-10-104 - Certain existing liabilities unaffected

(a)
Nothing in this chapter shall be construed as limiting in any way any liability which otherwise exists:
(1)
For willful or malicious failure to guard or warn against a dangerous or hazardous condition, use, structure, or activity; or
(2)
For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land other than the amount, if any, paid to the owner of the land by the state or any agency thereof, or any county or municipality or agency thereof.
(b)
Nothing in this chapter shall be deemed to create a duty of care or ground of liability for injury to person or property, and nothing in this chapter shall limit in any way the obligation of a person entering upon or using the land of another for recreational purposes to exercise due care in such person's use of such land and in such person's activities thereon.
Acts 1967, ch. 246, § 2; T.C.A., §§ 11-1303, 11-10-103.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 10 - LEASE OF RECREATIONAL LANDS TO STATE-LIABILITY OF LESSOR (§§ 11-10-101 — 11-10-106) › Section 11-10-105 - Conservation easements - No duty of care - Applicability

(a)
An owner of any land, which is subject to a conservation easement, whether such easement contains or does not contain a public use clause granted to or acquired and held by the state or any agency thereof, or any county or municipality or agency thereof, or an owner of any land, which is subject to a public use easement, granted to or acquired and held by the state or any agency thereof, owes no duty of care to keep that land safe for entry or use by others or to give warning to any person entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon.
(b)
An owner of land which is subject to a conservation easement, whether such easement contains or does not contain a public use clause, granted to or acquired and held by the state or any agency thereof, or any county or municipality or agency thereof, or an owner of land which is subject to a public use easement granted to or acquired and held by the state or any agency thereof, shall not, by granting such easement:
(1)
Warrant by implication that the real property included in the easement is safe for any purpose;
(2)
Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or
(3)
Assume responsibility for or incur liability for any injury to any person or property caused by an act or omission of any person who enters upon the land subject to such easement.
(c)
This section applies whether the person entering upon the land subject to such easement is an invitee, licensee, trespasser or otherwise.
Acts 1988, ch. 965, §§ 1, 2; 1990, ch. 781, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 10 - LEASE OF RECREATIONAL LANDS TO STATE-LIABILITY OF LESSOR (§§ 11-10-101 — 11-10-106) › Section 11-10-106

(a)
An owner of land who enters into a cooperative agreement with a public utility owned by the federal government for the use of the public utility's land in conjunction with the owner's land of at least one hundred (100) acres that is made available to the public as a park for outdoor recreational purposes without charge, except for a nominal parking fee or special event fee, owes no duty of care to persons entering or going upon such land and is not liable for any loss, damages, or injury to such persons.
(b)
This section does not limit liability for any conduct that constitutes gross negligence or willful and wanton misconduct.
(c)
As used in this section, "outdoor recreational purposes" means any activity within an outdoor environment, including, but not limited to, fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, biking trails and bike skills areas, greenway trails, nature study, non-motorized boat access, and playgrounds.
Added by 2024 Tenn. Acts, ch. 819,s 1, eff. 4/29/2024.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Trails System Act."
Acts 1971, ch. 103, § 1; T.C.A., § 11-1601.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-102 - Trail system authorized - Purpose of chapter

(a)
In order to provide for the ever increasing outdoor recreation needs of an expanded population and in order to promote public access to, travel within, and enjoyment and appreciation of the outdoor, natural and remote areas of the state, trails should be established:
(1)
In natural, scenic areas of the state; and
(2)
In and near urban areas.
(b)
The purpose of this chapter is to provide the means for attaining these objectives by instituting a state system of scenic and recreation trails, by designating certain trails as the initial components of that system, and by prescribing the methods by which, and standards according to which, additional components may be added to the system.
Acts 1971, ch. 103, § 2; T.C.A., § 11-1602.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of environment and conservation;
(2)
"Conservation easement" means a conservation easement as defined in §
66-9-303
;
(3)
"Department" means the department of environment and conservation;
(4)
"Political subdivision" means any county, any incorporated city or town, or other political subdivision; and
(5)
"System" means the "Tennessee trails system" as established in this chapter and including all trails and trail segments, together with their rights-of-way, whether initially designated or later added by any of the procedures described in the chapter.
Acts 1971, ch. 103, § 3; T.C.A., § 11-1603; Acts 1981, ch. 361, § 9.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-104 - Composition of system

The system shall be composed of:
(1)
State scenic trails, which will be extended trails so located as to provide maximum potential for the appreciation of natural areas and for the conservation and enjoyment of the significant scenic, historic, natural, ecological, geological or cultural qualities of the areas through which such trails may pass. Each of these trails will be limited exclusively to foot use, except that the use by horses or nonmotorized bicycles may also be permitted on segments of scenic trails where deemed appropriate by the department. Because of their extended length, the state scenic trails shall be supplemented by support facilities located only on that part of a trail which is in a state park, recreation area or wildlife management area. Such support facilities may include, where deemed necessary and feasible, primitive shelters, fireplaces, safe water supply, and other related public use facilities. These facilities shall concur with department standards. No open wood fires shall be permitted on state scenic trails except in areas with support facilities specifically designated for such purpose;
(2)
State recreation trails, which will provide a variety of outdoor recreation uses in or reasonably accessible to urban areas. These trails may be of the following types:
(A)
Foot;
(B)
Horse; or
(C)
Nonmotorized bicycles; and
(3)
Connecting or side trails, which will provide additional points of public access to state recreation or state scenic trails or which will provide connections between such trails. They shall be of the nature of the trails they serve.
Acts 1971, ch. 103, § 4; T.C.A., § 11-1604.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-105 - Criteria for trails

Criteria for establishing the different classes of trails named in §
11-11-104
shall be as follows:
(1)
State scenic trails shall traverse mostly scenic and natural areas and shall be of sufficient length that they cannot be traveled in one (1) day or less. Scenic trails shall be narrow paths causing the minimum disturbance to the natural environment, and shall be restricted to foot travel, with all other modes of locomotion prohibited, except as set forth in §§
11-11-104(1)
and
11-11-114
; and
(2)
Horse and bicycle trails shall have a surface and overhead clearance appropriate for their designated mode of locomotion. Motorized vehicles of any kind shall be barred from foot, horse, and bicycle trails, except as set forth in §
11-11-114
.
Acts 1971, ch. 103, § 5; T.C.A., § 11-1605.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-107 - Establishment of scenic or recreation trails

(a)
State scenic trails shall be authorized and designated only by an act of the general assembly.
(b)
The department may establish and designate state recreation trails on lands administered by the department; and/or on lands under the jurisdiction of a state department, political subdivision, or private lands providing:
(1)
Such trails are reasonably accessible to urban areas;
(2)
Such trails meet the criteria established in this chapter and such supplementary criteria as may be prescribed; and/or
(3)
Fee simple, conservation easements or other rights are obtained from a private landowner through which a state recreation trail may pass. The department may establish and designate state recreation trails on lands under the jurisdiction of a federal agency, when in the opinion of the federal agency and the commissioner such lands may be so developed under federal law and subdivisions (b)(1) and (2).
(c)
As provided in this section, trails within park, forest, recreation areas, state natural areas, or any other public area may be established and designated as "state recreation trails" by the department.
(d)
Connecting or side trails within park, forest, recreation area or natural area may be established, designated, and marked as components of a state recreation or state scenic trail.
Acts 1971, ch. 103, § 7; T.C.A., § 11-1607; Acts 1981, ch. 361, § 10.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-108 - Proposals for establishing trails

The commissioner shall study and, from time to time, submit to the governor and to the general assembly proposals for additions to the state scenic trails system, as well as reports on state recreation trails that have been designated by the department, regarding rights-of-way that have been established and on the program for implementing this chapter. Each proposal shall include a short statement on the significance of the various trails to the system.
Acts 1971, ch. 103, § 8; T.C.A., § 11-1608.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-109 - Locating routes of trails

The process of locating routes of trails initially included in, as well as trails to be added to, the system shall be as follows:
(1)
For state scenic trails, the department shall select a route. The selected route shall be compatible with preservation or enhancement of the environment it traverses. Reasonable effort shall be made to minimize any adverse effects upon adjacent landowners and users. Notice of the selected route shall be published by the department in a newspaper of general circulation in the area in which the trail is located, together with appropriate maps and descriptions. Such publication shall be prior to the recommendation by the department to the general assembly;
(2)
For state recreation trails and for connecting or side trails, the department shall select the route; provided, that when a route traverses land within the jurisdiction of a governmental unit or political subdivision, the department shall consult with such unit or such subdivision prior to its final determination for the location of the route;
(3)
In selecting routes and implementing this chapter, the department is encouraged to confer with the recognized and established organizations primarily interested in trail development, conservation and outdoor recreation, it being the intent of this section to recognize the efforts and work already completed on such scenic trails as the Appalachian and Cumberland trails by such organizations. Furthermore, the general assembly encourages citizen participation in trail acquisition, construction, development, and maintenance where such activities will not conflict with the purpose of this chapter; and
(4)
In the selection of the route for any trails, when the trail reaches an area of crop or fenced pasture land, the trail shall be so located as not to interfere in the growing of crops or with the livestock or pasture land and such trail may then follow existing farm roads. The owner of such farmlands may enter a written agreement with the department to grant permission for the crossing of such crop or pasture land.
Acts 1971, ch. 103, § 9; T.C.A., § 11-1609.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-110 - Reports of other agencies on activities that may affect trails

All state agencies shall, promptly upon enactment of this chapter, inform the commissioner of any proceedings, studies, or other activities within their jurisdiction, and regardless of by whom requested, which are now in progress and which affect or may affect any of the trails specified in §
11-11-106
. They shall likewise inform the commissioner of any such proceedings, studies or other activities which are hereafter commenced or resumed before they are commenced or resumed and that may affect any initial component of, or later addition to, the system.
Acts 1971, ch. 103, § 10; T.C.A., § 11-1610.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-111 - Consideration of abandoned rights-of-way - Establishment of trail right-of-way boundaries

The department shall review all formal declarations of railroad right-of-way abandonments by the interstate commerce commission, for possible inclusion into the state trails system. The commissioner shall, within three (3) years after the route of a trail or trail segment included in the system has been located, determine the boundaries of the right-of-way to be associated with that trail. Such boundaries shall be established in such a manner that they protect the scenic value of the trail.
Acts 1971, ch. 103, § 11; T.C.A., § 11-1611.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-112 - Acquisition of property

(a)
Within the exterior boundaries of the right-of-way, the commissioner may acquire, on behalf of the state of Tennessee, lands in fee title, or interest in land in the form of conservation easements or cooperative agreements. Acquisition of land or of interest therein may be by gift, purchase with donated funds or funds appropriated by the general assembly, proceeds from the sale of bonds, exchange, assumption of property tax payments, or otherwise. Acquisition of land or interest therein shall be accomplished with all possible speed. In acquiring real property or the property interest therein, as defined in this section, the power of eminent domain shall not be utilized to acquire a fee simple or lessor interests to more than twenty-five (25) acres in any one (1) mile of trail length. Such power shall not be used to acquire crop or fenced pasture land when such acquisition will interfere with the growing of crops or with the livestock or pasture land on the remaining property of the farm owner.
(b)
The power of eminent domain shall not be utilized for acquisitions in the Chickasaw Bluffs Trail area, as defined in §
11-11-106
.
Acts 1971, ch. 103, § 12; 1976, ch. 469, § 1; T.C.A., § 11-1612; Acts 1981, ch. 361, § 10.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-113 - Use of right-of-way - Hunting restricted

(a)
Within the external boundaries of the right-of-way, the natural vegetation shall be kept undisturbed except for any clearing required for construction of the trail, occasional vistas, or trail-use facilities described in §
11-11-117
. The department shall make every effort to avoid any use of the right-of-way that is incompatible with the purposes for which the trails were established. Development and management of each segment of the state trails system shall be designed to harmonize with and complement any established multiple-use plans for that specific area in order to ensure continual maximum benefits from the land. Other uses along the trail which will not substantially interfere with the nature and purposes of the trail may be permitted by the department.
(b)
No hunting of wild game shall be permitted on or along any section of the system except as authorized by the department; provided, that the owner of real property adjacent to any part of the system may hunt with or without department authorization on that portion of the system which is adjacent to such owner's property.
Acts 1971, ch. 103, § 13; T.C.A., § 11-1613.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-114 - Motorized vehicles prohibited - Exceptions - Prosecution for violations

(a)
The use of motorized vehicles by the general public within the right-of-way of any state scenic or recreation trail shall be prohibited, and nothing in this chapter shall be construed as authorizing the use of motorized vehicles in these rights-of-way.
(b)
The department shall establish regulations which shall authorize the use of motorized vehicles when such vehicles are required to meet emergencies where life or health is at risk, or to enable present or adjacent landowners or land users to have access to their lands or timber rights where no reasonable alternative method of access exists or could be constructed.
(c)
Prosecution for violation of this section may be initiated by a peace officer who witnessed an offense in violation of this section or by any private citizen who witnessed any violation of this section who is willing to make the initial charge and testify for the state.
Acts 1971, ch. 103, § 14; T.C.A., § 11-1614.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-115 - Application of law to area becoming part of a park or other state system

Any component of the system that is or shall become a part of any state park, recreation area, wildlife management area, or similar area shall be subject to this chapter and the laws under which the other areas are administered, and, in the case of conflict between these laws, the more restrictive provisions shall apply.
Acts 1971, ch. 103, § 15; T.C.A., § 11-1615.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-116 - Signs and markers

The department, in consultation with appropriate governmental agencies, and public and private organizations shall establish a uniform marker for trails contained in the system. An additional appropriate symbol characterizing specific trails may be included on the marker. The markers shall be placed at all access points, together with signs indicating the modes of locomotion that are prohibited for the trail. Where the trail constitutes a portion of a national scenic trail, use of the national scenic trail uniform marker shall be considered sufficient. The route of the trail and the boundaries of the right-of-way shall be marked with paint or other simple means.
Acts 1971, ch. 103, § 16; T.C.A., § 11-1616.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-117 - Administration of system - Maintenance

(a)
The Tennessee trail system shall be administered by the department according to the policies and criteria set forth in this chapter.
(b)
The department shall, in addition, have or designate the responsibility for maintaining the trails, building bridges, campsites, shelters, and related public-use facilities where required.
Acts 1971, ch. 103, § 17; T.C.A., § 11-1617.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-118 - Relocation procedure

(a)
Segments of the state trails may be relocated when such relocation is deemed necessary to preserve or enhance the values for which the trail was established.
(b)
Relocation may be accomplished by the department after consultation with other governmental agencies involved, and following publication of notice in a newspaper of general circulation, together with maps and descriptions.
(c)
In establishing the new location and right-of-way, the procedures set forth in §§
11-11-109
- 11-11-113 shall be followed.
Acts 1971, ch. 103, § 18; T.C.A., § 11-1618.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-119 - State trails as part of national system

(a)
Nothing in this chapter shall preclude a component of the state trails system from becoming a part of the national trails system.
(b)
The commissioner shall coordinate the state trails system with the national trails system and is directed to encourage and assist any federal studies for inclusion of Tennessee trails in the national trails system.
(c)
The commissioner may enter into written cooperative agreements for joint federal-state administration of a Tennessee component of the national trails system; provided, that such agreements for administration of land uses are not less restrictive than those set forth in this chapter.
Acts 1971, ch. 103, § 19; T.C.A., § 11-1619.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 1 - TENNESSEE TRAILS SYSTEM ACT (§§ 11-11-101 — 11-11-120) › Section 11-11-120 - Violations - Compelling compliance - Penalties

(a)
Whoever violates, fails, neglects or refuses to obey any provision of this chapter, or regulation or order of the commissioner may be compelled to comply with or obey the same by injunction, mandamus, or other appropriate remedy.
(b)
Whoever violates, fails, neglects, or refuses to obey any of this chapter or regulation or order of the commissioner may be punished by a fine of not more than fifty dollars ($50.00) for each day of such violation.
Acts 1971, ch. 103, § 20; T.C.A., § 11-1620.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 2 - TENNESSEE ADVENTURE TOURISM AND RURAL DEVELOPMENT ACT OF 2011 (§§ 11-11-201 — 11-11-206) › Section 11-11-201 - Short title

This part shall be known and may be cited as the "Tennessee Adventure Tourism and Rural Development Act of 2011."
Acts 2011, ch. 383, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 2 - TENNESSEE ADVENTURE TOURISM AND RURAL DEVELOPMENT ACT OF 2011 (§§ 11-11-201 — 11-11-206) › Section 11-11-202 - Plan for promotion and development of adventure tourism and other recreation and economic development in rural areas

The department of economic and community development, in cooperation with the department of environment and conservation, is directed to study and develop a plan for the promotion and development of adventure tourism and other recreational and economic development activities in rural areas of this state. Such study and plan shall be developed within existing departmental resources. The departments are directed to consider natural areas, best available science, existing recreational opportunities, economic conditions, including, but not limited to, persistent high unemployment, safety and environmental issues, and community interest in developing such plan. Such plan should include recommendations on whether and to what extent existing laws should be amended and any new laws should be enacted in order to encourage development of adventure tourism in this state. The department of environment and conservation and the department of tourist development are authorized to promulgate rules to effectuate the purposes of this part.
Amended by 2016 Tenn. Acts, ch. 845,s 1, eff. 4/19/2016.
Acts 2011, ch. 383, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 2 - TENNESSEE ADVENTURE TOURISM AND RURAL DEVELOPMENT ACT OF 2011 (§§ 11-11-201 — 11-11-206) › Section 11-11-204 - Creation of adventure tourism district

(a)
A local governing body may, by a two-thirds (
2
/
3
) vote authorize the creation of a district within the boundaries of such governing body as an adventure tourism district by developing an adventure tourism district plan. Alternatively, one (1) or more counties or one (1) or more municipalities may enter into an intergovernmental agreement pursuant to the Interlocal Cooperation Act, compiled in title 12, chapter 9, to designate jointly an adventure tourism district that contains area within the boundaries of more than one (1) local government.
(b)
Adventure tourism professionals may petition local governing bodies to authorize the creation of an adventure tourism district. Such petition shall be accompanied by specific business plans based on quantifiable data demonstrating that the creation of an adventure tourism district would enhance sustainable economic development in the area.
(c)
Upon a local governing body or bodies authorizing the creation of an adventure tourism district, the adventure tourism district plan shall be submitted to the department of tourist development and the department of revenue for joint approval as an adventure tourism district. Such approval shall be granted if the commissioner of tourist development and the commissioner of revenue determine that the allocation of franchise and excise tax credits are in the best interests of the state.
(d)
Following the approval of the department of tourist development and the department of revenue for an adventure tourism district pursuant to subsection (c), a local governing body may submit the adventure tourism district plan to:
(1)
The department of revenue for approval of tax credits pursuant to §
67-4-2109
; and
(2)
The department of tourist development for promotional support through use of the department's existing resources.
Amended by 2016 Tenn. Acts, ch. 845, s 3, eff. 4/19/2016.
Amended by 2013 Tenn. Acts, ch. 378, s 4, eff. 5/14/2013.
Acts 2011 , ch. 383, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 2 - TENNESSEE ADVENTURE TOURISM AND RURAL DEVELOPMENT ACT OF 2011 (§§ 11-11-201 — 11-11-206) › Section 11-11-205 - Liability - Warning notices - Limitations

(a)
Unless an adventure tourism professional or business acts intentionally or with gross negligence or is in violation of this part, or any other laws, ordinances, resolutions, rules or regulations pertaining to adventure tourism, which intentional or grossly negligent act or omission or violation is causal of the injury complained of, no action shall lie against any such professional or business by any adventure tourism activity participant or representative of an adventure tourism activity participant; this prohibition shall not, however, prevent the maintenance of an action against an adventure tourism professional or business for negligent design, construction or operation maintenance.
(b)
Each adventure tourism professional or business shall maintain general liability insurance with limits of not less than one million dollars ($1,000,000) per occurrence.
(c)
Each adventure tourism professional or business shall post and maintain signs that contain the warning notice specified in subsection (d). The signs shall be placed in clearly visible locations at such businesses. The warning notice specified in subsection (d) shall appear on the sign in black letters, with each letter to be a minimum of one inch (1") in height. In addition to any other waivers or warnings signed by participants, every written contract entered into by an adventure tourism professional or business for the providing of professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves activities on or off the location or site of the adventure tourism professional's business, shall contain in clearly readable print the warning notice specified in subsection (d).
(d)
The signs and contracts described in subsection (c) shall contain the following warning notice:
Under Tennessee Law, an adventure tourism professional is not liable for an injury to or the death of a participant in adventure tourism activities resulting from the inherent risks of such activities, pursuant to Tennessee Code Annotated, title 11, chapter 11.
The State of Tennessee is held harmless for any act of approval of an adventure tourism business. State approval is limited to determining eligibility for tax credits only.
(e)
No action shall be maintained against an adventure tourism professional or business complying with this section unless such action is commenced within one (1) year from the date of injury.
Amended by 2013 Tenn. Acts, ch. 378,s 3, eff. 5/14/2013.
Acts 2011, ch. 383, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 11 - TENNESSEE TRAILS SYSTEM (§§ 11-11-101 — 11-11-206) › Part 2 - TENNESSEE ADVENTURE TOURISM AND RURAL DEVELOPMENT ACT OF 2011 (§§ 11-11-201 — 11-11-206) › Section 11-11-206 - Assistance by departments

The department of environment and conservation and the department of tourist development may work together to provide assistance as deemed appropriate by the departments to encourage the development of adventure tourism within those regions of the state designated as suitable for such activities and where persistent high unemployment exists.
Amended by 2016 Tenn. Acts, ch. 845,s 4, eff. 4/19/2016.
Acts 2011, ch. 383, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 12 - HIKING-BICYCLE AND JOGGING TRAILS (§§ 11-12-101 — 11-12-208) › Part 1 - HIKING-BICYCLE TRAILS (§§ 11-12-101 — 11-12-102) › Section 11-12-101 - Feasibility studies

(a)
Whenever the state or a political subdivision thereof owns or regulates a right-of-way it is considering abandoning, such political entity shall conduct a study to determine the feasibility of converting such right-of-way into a hiking-bicycle trail.
(b)
The results of the study shall be reduced to writing, shall explain the reasoning underlying all conclusions reached and shall be made available for public inspection.
Acts 1965, ch. 181, § 1; T.C.A., § 11-2001.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 12 - HIKING-BICYCLE AND JOGGING TRAILS (§§ 11-12-101 — 11-12-208) › Part 1 - HIKING-BICYCLE TRAILS (§§ 11-12-101 — 11-12-102) › Section 11-12-102 - Applicability

This part only applies in those counties with a metropolitan form of government and in those counties with a population according to the 1970 federal census or any subsequent federal census of:
not less than
nor more than
11,650
11,675
23,460
23,485
35,450
35,475
50,675
50,700
250,000
300,000
Acts 1978, ch. 903, § 1; T.C.A., § 11-2001.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 12 - HIKING-BICYCLE AND JOGGING TRAILS (§§ 11-12-101 — 11-12-208) › Part 2 - JOGGING TRAILS (§§ 11-12-201 — 11-12-208) › Section 11-12-201 - Title

This part shall be known and may be cited as the "Jogging Act of 1980."
Acts 1980, ch. 835, § 1; T.C.A., §§ 53-6901, 68-51-101.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 12 - HIKING-BICYCLE AND JOGGING TRAILS (§§ 11-12-101 — 11-12-208) › Part 2 - JOGGING TRAILS (§§ 11-12-201 — 11-12-208) › Section 11-12-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of health, who shall administer this part;
(2)
"Jogging trail" means any trail at least one (1) mile in length; and
(3)
"State land" includes any land owned, operated, or under the control or supervision of any department or agency of the state.
Acts 1980, ch. 835, § 3; T.C.A., §§ 53-6902, 68-51-102.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 12 - HIKING-BICYCLE AND JOGGING TRAILS (§§ 11-12-101 — 11-12-208) › Part 2 - JOGGING TRAILS (§§ 11-12-201 — 11-12-208) › Section 11-12-203 - Survey of land available for jogging trails

(a)
Each agency of state government shall forward to the commissioner a survey of any state land under its control or supervision. The survey shall contain the following information:
(1)
The location of any tract or parcel of land sufficient in size to contain a jogging trail;
(2)
A statement of the suitability of the land for use by joggers and, if unsuitable, specific reasons for its unsuitability; and
(3)
A list of any obstacles that would have to be removed or altered to permit the establishment of a jogging trail on such land.
(b)
The department of transportation shall not be required to survey all lands currently in use as an existing highway, except as provided in this part.
Acts 1980, ch. 835, § 4; T.C.A., §§ 53-6903, 68-51-103.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 12 - HIKING-BICYCLE AND JOGGING TRAILS (§§ 11-12-101 — 11-12-208) › Part 2 - JOGGING TRAILS (§§ 11-12-201 — 11-12-208) › Section 11-12-204 - Citizens' recommendations for possible jogging trails

Any citizens' group or organization interested in running or jogging may recommend to the commissioner the use of any state land for designation as a jogging trail. Upon the recommendation of any citizens' group or organization to designate any existing highway as a jogging trail, the department of transportation, upon notice from the commissioner, shall within sixty (60) days complete the survey as required in §
11-12-203
.
Acts 1980, ch. 835, § 5; T.C.A., §§ 53-6904, 68-51-104.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 12 - HIKING-BICYCLE AND JOGGING TRAILS (§§ 11-12-101 — 11-12-208) › Part 2 - JOGGING TRAILS (§§ 11-12-201 — 11-12-208) › Section 11-12-205 - Designation of jogging trails

The commissioner shall review the land surveys prepared by each department or agency, together with the recommendations of any interested citizens group, and shall designate such lands as the commissioner deems suitable as a jogging trail. In designating lands as jogging trails, the commissioner shall consider such factors as accessibility, local interest, safety, and the ability to obtain construction or maintenance assistance from interested groups. In counties with populations of fifty thousand (50,000) or more according to the 1970 federal census or any subsequent federal census, the commissioner shall designate as jogging trails, all lands that are suitable so as to place emphasis on jogging in these counties.
Acts 1980, ch. 835, § 6; T.C.A., §§ 53-6905, 68-51-105.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 12 - HIKING-BICYCLE AND JOGGING TRAILS (§§ 11-12-101 — 11-12-208) › Part 2 - JOGGING TRAILS (§§ 11-12-201 — 11-12-208) › Section 11-12-206 - Posting of jogging trails - Maintenance

(a)
All lands designated by the commissioner for use as jogging trails shall be posted as such and shall be open to the public for jogging or running at all times unless the commissioner, in cooperation with the department or agency, shall exclude certain periods because of safety reasons.
(b)
The posting of designated jogging trails and the maintenance of trails in suitable condition, including removal or alteration of obstacles, shall be the responsibility of the agency having jurisdiction over the property comprising the trail.
Acts 1980, ch. 835, § 7; T.C.A., §§ 53-6906, 68-51-106.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 12 - HIKING-BICYCLE AND JOGGING TRAILS (§§ 11-12-101 — 11-12-208) › Part 2 - JOGGING TRAILS (§§ 11-12-201 — 11-12-208) › Section 11-12-207 - Removal of designation

Any department or agency may appeal to the governor to remove any state land under its control or supervision from the designation as a jogging trail.
Acts 1980, ch. 835, § 8; T.C.A., §§ 53-6907, 68-51-107.