reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 14 - NATURAL AREAS PRESERVATION (§§ 11-14-101 — 11-14-407) › Part 4 - WETLANDS (§§ 11-14-401 — 11-14-407) › Section 11-14-402 - Acquisition priorities

Priorities for wetland and bottomland hardwood forest acquisition shall be directed jointly by the director of the wildlife resources agency and the commissioner of agriculture, or their designees. The two (2) shall meet periodically as needed to set the priorities for wetland and bottomland hardwood forest acquisition, and no individual tract shall be purchased without the joint consent of the commissioner of agriculture and the director of the wildlife resources agency. The requirements of this section shall be met before any steps in wetland and bottomland hardwood forest acquisition, as described in §
11-14-403
, are taken.
Acts 1986, ch. 833, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 14 - NATURAL AREAS PRESERVATION (§§ 11-14-101 — 11-14-407) › Part 4 - WETLANDS (§§ 11-14-401 — 11-14-407) › Section 11-14-403 - Agreement with private corporations to identify and acquire wetlands and forests

The director of the wildlife resources agency, with the approval of the state building commission, may identify appropriate private, nonprofit corporations to assist with acquisition of wetlands and bottomland hardwood forests on behalf of the state. The director is authorized, with the approval of the state building commission, to enter into agreements with such corporations to permit the corporations to purchase surveys, appraisals, title work, and other services required for the acquisition of interest in wetlands and bottomland hardwood forests; provided, that contractors selected by the corporations for the purposes must be properly licensed in Tennessee for these purposes. The director is further authorized, with the approval of the state building commission, to accept such surveys, appraisals, title work, and services on behalf of the state, and to enter into agreements with such corporations to acquire options and to preacquire on behalf of the state interests in wetlands and bottomland hardwood forests. The director may, through such agreements, commit the state to reimburse the corporations for their costs of acquisition and for their costs of capital. The state building commission shall establish a form for such agreements.
Acts 1986, ch. 833, § 3.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 14 - NATURAL AREAS PRESERVATION (§§ 11-14-101 — 11-14-407) › Part 4 - WETLANDS (§§ 11-14-401 — 11-14-407) › Section 11-14-404 - Inventory of wetlands and forests

The director is authorized to maintain an inventory of rare and significant biological and geological wetlands and bottomland hardwood forests worthy of protection under the terms and conditions of this part. Such inventory shall include, but not necessarily be limited to, locations for unique wetlands, scenic wetlands, wetlands which are excellent examples of wildlife habitat, areas exhibiting exceptional ecological values, and bottomland hardwood forests.
Acts 1986, ch. 833, § 4.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 14 - NATURAL AREAS PRESERVATION (§§ 11-14-101 — 11-14-407) › Part 4 - WETLANDS (§§ 11-14-401 — 11-14-407) › Section 11-14-405 - Property tax exemption

Wetlands and bottomland hardwood forests acquired by the state of Tennessee shall be exempt from all state and local property taxes.
Acts 1986, ch. 833, § 8.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 14 - NATURAL AREAS PRESERVATION (§§ 11-14-101 — 11-14-407) › Part 4 - WETLANDS (§§ 11-14-401 — 11-14-407) › Section 11-14-407 - Condemnation or eminent domain prohibited - Exception

No property shall be acquired under this part through condemnation or the use of eminent domain under title 29, chapters 16 and 17, with the exception that condemnation or the use of eminent domain may be used to acquire, under this part, certain property in Scott and Campbell counties known as the "Koppers Properties."
Acts 1986, ch. 833, § 5; 1991, ch. 278, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 15 - PROTECTIVE EASEMENTS (§§ 11-15-101 — 11-15-108) › Section 11-15-101 - Purpose

The purpose of this chapter is to authorize and enable public bodies to acquire interests and rights in real property that is adjacent to or has a visual, audible, or atmospheric effect on the state's historic, architectural, archaeological, or cultural resources, or on its natural areas in order to assist in the attainment of the objectives stated in the findings.
Acts 1973, ch. 21, § 1; T.C.A., § 11-1801.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 15 - PROTECTIVE EASEMENTS (§§ 11-15-101 — 11-15-108) › Section 11-15-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"National Register of Historic Places" or "National Register" means that listing of the state's historic, archaeological, architectural, cultural, and environmental resources as nominated by the state liaison officer and which is kept by the national park service, the United States department of the interior, pursuant to the National Historic Preservation Act of 1966, Pub. L. No. 89-665. Such listing is published in the Federal Register on a regular basis;
(2)
"Public body" means the state, counties, municipalities, metropolitan governments, the historic commission of any state, county, municipal, or metropolitan government, and park or recreation authorities;
(3)
(A)
"Scenic easement" means an easement in land which:
(i)
Is held for the benefit of the people of Tennessee;
(ii)
Is specifically enforceable by its holder or beneficiary; and
(iii)
Limits or obligates the holder of servient estate, the holder's heirs, and assigns with respect to their use and management of the land and activities conducted thereon, the object of such limitations and obligations being the maintenance or enhancement of the present condition, use, or natural beauty of the land in question or the protection and preservation of historic, architectural, archaeological, or cultural resources, or natural areas affected by the land in question;
(B)
"Scenic easement" also means an easement of view over the facade, or restrictions on the use of a structure included in the National Register or Tennessee Register whereby the external appearance of the structure is preserved by the sale, donation, or other surrender by the owner of the easement to a public body either:
(i)
In fee simple;
(ii)
For the owner's life or the life of another; or
(iii)
For a term of years; and
(4)
"Tennessee Register of Historic Places" or "Tennessee Register" means that listing of districts, sites, buildings, structures, and objects significant in Tennessee history, architecture, archaeology, and culture kept by the Tennessee historical commission pursuant to title 4, chapter 11, part 2.
Acts 1973, ch. 21, § 2; impl. am. Acts 1975, ch. 143, § 1; 1976, ch. 730, §§ 2, 3; T.C.A., § 11-1802.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 15 - PROTECTIVE EASEMENTS (§§ 11-15-101 — 11-15-108) › Section 11-15-103 - Acquisition authorized

In order to carry out the purposes of this chapter, the state of Tennessee, acting through any of its departments, agencies, or institutions, subject, in the case of the state, to the approval of the state building commission or any other public body, may acquire interests in real property in the form of scenic easements. Acquisition of interests in land or in structures (scenic easements) may be by donation, purchase with donated or appropriated funds or otherwise, but not by exercise of the power of eminent domain. However, no interests in land or in structures (scenic easement) may be acquired except to assist in the protection and preservation of those historic, architectural, archaeological or cultural resources listed in the National Register or Tennessee Register or those natural areas that are included among the park or recreational lands administered by the public body. In addition, any public body may designate a scenic easement in any real property in which it has an interest in order to provide protection to and assist in the preservation of such listed and designated resources and areas.
Acts 1973, ch. 21, § 3; 1976, ch. 730, § 4; T.C.A., § 11-1803.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 15 - PROTECTIVE EASEMENTS (§§ 11-15-101 — 11-15-108) › Section 11-15-104 - Powers

A public body has all powers necessary or convenient to carry out the purposes and provisions of this chapter, including the following powers in addition to others granted by this chapter, to:
(1)
Appropriate or borrow funds and make expenditures necessary to carry out the purposes of this chapter; and
(2)
Apply for and accept and utilize grants and any other assistance from the federal government and any other public or private source, give such security as may be required and enter into and carry out contracts or agreements in connection with such grants or assistance.
Acts 1973, ch. 21, § 4; T.C.A., § 11-1804.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 15 - PROTECTIVE EASEMENTS (§§ 11-15-101 — 11-15-108) › Section 11-15-105 - Tax assessment

(a)
When a scenic easement is held by a public body for the purposes of this chapter, the subject real property shall be assessed on the basis of the true cash value of the property or as otherwise provided by law, less such reduction in value as may result from the granting of the scenic easements.
(b)
(1)
The value of the easement interest held by the public body shall be exempt from property taxation to the same extent as other public property.
(2)
If a scenic easement in a structure is held by a public body for the term of a person's life or a term of years, the exemption shall apply for the length of the term and no longer.
Acts 1973, ch. 21, § 5; 1976, ch. 730, § 5; T.C.A., § 11-1805.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 15 - PROTECTIVE EASEMENTS (§§ 11-15-101 — 11-15-108) › Section 11-15-106 - Limitation of application

(a)
Sections
11-15-101
- 11-15-106, insofar as they relate to easements or interests in structures, shall only apply to counties having a population of two hundred thousand (200,000) or more according to the 1970 federal census or any subsequent federal census, it being the finding of the general assembly that redevelopment pressures are greater on historic structures in heavily urbanized areas.
(b)
Sections
11-15-101
- 11-15-106, insofar as they relate to easements or interests in structures, shall apply only to those counties which, by a majority vote of the governing body of the county, choose to come under those provisions. Any incorporated municipality which desires to come under §§
11-15-101
- 11-15-106, insofar as they relate to easements or interests in structures, may do so separately by a majority vote of its governing body. In that event, however, only the territory within the corporate bounds of the municipality shall be affected by §§
11-15-101
- 11-15-106 insofar as they relate to easements or interests in structures.
Acts 1976, ch. 730, §§ 6, 7; T.C.A., § 11-1806.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 15 - PROTECTIVE EASEMENTS (§§ 11-15-101 — 11-15-108) › Section 11-15-107 - Open space easements - Donation

(a)
Any person owning "open space land" as defined in §
67-5-1004
may donate to the state an open space easement limiting the future use of the land. The commissioner may accept such easement on behalf of the state, imposing such restrictions and limitations on the future use of the land as the commissioner and the owner may agree on and which may further the purposes of this section and §§
11-14-201
,
11-15-108
,
67-5-509
,
67-5-601
,
67-5-602
, and
67-5-1001
- 67-5-1009. Before accepting the easement, the commissioner shall consult with the state planning office and the appropriate planning commission having jurisdiction over the land, and the director and the planning commission shall advise the commissioner if the preservation of the land in an open space condition is contrary to the public interest. The advice rendered by such planning commission shall be in accordance with the provisions and recommendations of an officially adopted land use plan or the land use element, as described in §
13-3-301
, of an officially adopted plan for physical development. Where no such officially adopted land use plan or land use element of an officially adopted plan exists, such advice shall be rendered in accordance with the principles of sound land use planning and shall be made in the form of an officially adopted policy statement of the planning commission. Where no such planning commission exists, the Tennessee local government planning advisory committee shall exercise the same authority as where such a planning commission otherwise legally exists.
(b)
The commissioner shall encourage, if appropriate, but shall not require, conditions in the agreement which shall provide for some form of limited public use. Such uses may include, but shall not be limited to, provisions for youth groups, garden clubs, school classes or similar groups to conduct nature studies, hikes, or field trips on the land.
(c)
When the commissioner accepts such an open space easement, the commissioner shall cause it to be recorded with the register of deeds in the county in which the land is situated, and shall notify the assessors of property for the county or municipality in which the land is situated and it shall be assessed as provided in §
67-5-1009
.
Acts 1976, ch. 782, §§ 9, 10; T.C.A., § 11-1807.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 15 - PROTECTIVE EASEMENTS (§§ 11-15-101 — 11-15-108) › Section 11-15-108 - Cancellation

(a)
If the current owner of any land on which an open space easement is in effect wishes to cancel the easement, such owner shall notify the commissioner of the owner's request in writing at least ninety (90) days in advance of the proposed date of cancellation.
(b)
The commissioner shall cancel the easement on behalf of the state only if all of the following conditions are met:
(1)
The easement has been in effect for a period of at least ten (10) years;
(2)
The commissioner determines that the open space is not needed in that location and that the public interest would be better served by the cancellation of the easement;
(3)
The appropriate planning commission having jurisdiction over the land in question adopts a resolution stating that the open space is not needed in that location and that the public interest would be better served by the cancellation of the easement;
(4)
The commissioner finds that there exists no overriding state concern to maintain such open space; and
(5)
The owner has paid to the county and municipality in which the land is situated an amount equal to the difference between the taxes actually paid during the ten (10) preceding years and the taxes computed during the ten (10) preceding years on the basis of fair market value and classification of the land as if the easement had not existed, as provided for in §
67-5-1009
.
(c)
The commissioner, upon determining that all five (5) of the conditions in subsection (b) have been satisfied, shall cancel the easement on behalf of the state and shall duly notify the register of deeds and the assessors of property for the county and municipality in which the land is situated.
Acts 1976, ch. 782, § 11; T.C.A., § 11-1808.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 18 - NATIONAL FORESTS, PARKS AND DEVELOPMENT PROJECTS (§§ 11-18-101 — 11-18-107) › Section 11-18-101 - United States authorized to acquire land

The consent of the state of Tennessee is given to the acquisition by the United States, by purchase or otherwise, of such lands within the state as in the opinion of the federal government, the state forester and the governor concurring, may be necessary for the establishment and extension of national forests and parks, and the improvement and development of the Tennessee River basin and the Cove Creek project on the Clinch River and Fort Pillow in Lauderdale County; provided, that the property of no one shall be taken under the power of eminent domain without previous negotiation and that in all such proceedings the United States or its agencies shall, for the purpose of guaranteeing uniformity in such proceedings, follow §§
29-16-101
- 29-16-122, 29-16-202 and 29-16-203 providing for the taking of private property for works of internal improvement.
Amended by 2014 Tenn. Acts, ch. 927,s 8, eff. 5/16/2014.
Acts 1933, ch. 161, § 1; 1937, ch. 223, § 1; 1943, ch. 150, § 1; C. Supp. 1950, § 5201.2; T.C.A. (orig. ed.), § 11-1001.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 18 - NATIONAL FORESTS, PARKS AND DEVELOPMENT PROJECTS (§§ 11-18-101 — 11-18-107) › Section 11-18-102 - Jurisdiction retained by state - Purpose

As to all lands acquired by the United States within this state for the purposes mentioned in §
11-18-101
or similar purposes, the state does not, by granting this consent, surrender or cede its legislative, executive and judicial jurisdiction over the same, but grants to the congress of the United States the right to enact such laws and make such rules and regulations as may be necessary to protect its title to and possession of such lands as may be acquired by it for such purposes, it being the intent of this section to establish a uniform consent and cession as to all lands owned or acquired by the United States within this state for the above mentioned and all other federal purposes, except those enumerated in the Constitution of the United States, article 1, § 8, to-wit: lands for the erection of forts, magazines, arsenals, dockyards and other needful buildings.
Acts 1933, ch. 161, § 2; C. Supp. 1950, § 5201.3; T.C.A. (orig. ed.), § 11-1002.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 18 - NATIONAL FORESTS, PARKS AND DEVELOPMENT PROJECTS (§§ 11-18-101 — 11-18-107) › Section 11-18-103 - Civil and criminal jurisdiction retained - Privileges as citizens retained by inhabitants

The jurisdiction of the state of Tennessee, both civil and criminal, over persons upon the lands acquired for the purposes named in §
11-18-101
, or similar purposes, shall not be affected or changed by their permanent acquisition and administration by the United States for such purposes, except so far as the punishment of offenses against the United States is concerned, the intent and meaning of this section being that the state of Tennessee shall not, by reasons of such acquisition and administration, lose its jurisdiction nor the inhabitants thereof their rights and privileges as citizens or be absolved from their duties as citizens of the state.
Acts 1933, ch. 161, § 3; C. Supp. 1950, § 5201.4; T.C.A. (orig. ed.), § 11-1003.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 18 - NATIONAL FORESTS, PARKS AND DEVELOPMENT PROJECTS (§§ 11-18-101 — 11-18-107) › Section 11-18-104 - Jurisdiction retained over highways and streams

(a)
The state of Tennessee and its governmental or political subdivisions shall retain its and their title and ownership in and to and jurisdiction over all highways and thoroughfares over or contiguous to lands so acquired, and to all bridges and ferries forming parts of such highways or over streams affected thereby, together with the right to locate, relocate and reconstruct roads over such lands, and bridges and ferries over such streams as may be necessary to protect and improve the highways of the state and its subdivisions and to promote the free flow of commerce between the different communities of this state inter sese and other states.
(b)
Federal agencies acquiring lands for public improvement in this state shall have no right to destroy or impair the use of any highway, bridge or ferry, public or private, without first compensating or making satisfactory arrangement with the owner thereof for another facility of equal service and value.
Acts 1933, ch. 161, § 4; 1943, ch. 150, § 2; C. Supp. 1950, §5201.5; T.C.A. (orig. ed.), § 11-1004.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 18 - NATIONAL FORESTS, PARKS AND DEVELOPMENT PROJECTS (§§ 11-18-101 — 11-18-107) › Section 11-18-105 - Taxing power reserved by state

The state of Tennessee reserves the right to tax persons and corporations, their franchises and property on land or lands deeded or conveyed as aforementioned and to tax sales of gasoline and other motor vehicle fuels and oil for use in motor vehicles or other means of transportation or any other privilege, trade or business conducted on such lands, and to tax and control motor vehicles or other means of transportation using any highways constructed by the United States on the lands as a result of its improvements within the state.
Acts 1933, ch. 161, § 5; C. Supp. 1950, § 5201.6; T.C.A. (orig. ed.), § 11-1005.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 18 - NATIONAL FORESTS, PARKS AND DEVELOPMENT PROJECTS (§§ 11-18-101 — 11-18-107) › Section 11-18-106 - Chapter applicable to further acquisitions of property - Compliance with conditions to satisfaction of governor and state forester

Nothing in this chapter shall be construed to affect any rights accrued prior to February 11, 1943, but as to any future acquisitions of property by the United States or any of its agencies, this chapter shall be applicable law and the right of cession of jurisdiction over property in the state shall not become effective until all the conditions hereof are complied with to the satisfaction of the governor and state forester.
Acts 1933, ch. 161, § 7; 1943, ch. 150, § 3; C. Supp. 1950, § 5201.7 (Williams, § 5201.8); T.C.A. (orig. ed.), § 11-1006.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 18 - NATIONAL FORESTS, PARKS AND DEVELOPMENT PROJECTS (§§ 11-18-101 — 11-18-107) › Section 11-18-107 - United States authorized to prohibit the use by commercial vehicles of highways within Great Smoky Mountains National Park

Notwithstanding chapter 57 of the Public Acts of 1951, approved February 23, 1951, and the provisions found in the deed conveying all state highways within the Great Smoky Mountains National Park to the United States, dated June 1, 1951, and recorded in the register's office of Sevier County, on August 6, 1951, in volume 106, page 440; Blount County, on August 25, 1951, in volume 172, page 55; and Cocke County, on October 10, 1951, in volume 71, page 491, the state of Tennessee consents to the United States prohibiting the use by commercial vehicles of U.S. highway 441 and Tennessee highway 73 west of Gatlinburg, within the Great Smoky Mountains National Park when interstate route I-40 is completed from near Newport, to U.S. highway 19 near Waynesville, North Carolina.
Acts 1963, ch. 163, § 1; T.C.A., § 11-1007.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 19 - NATIONAL PARK AND FOREST COMMISSIONS (§§ 11-19-101 — 11-19-106) › Section 11-19-101 - Great Smoky Mountains Park commission created - Meetings

There is hereby created the Great Smoky Mountains Park commission to devote its attention to the problems of that portion of the Great Smoky Mountains National Park which lies within this state and, to that end, shall be required to meet at least once every six (6) months to perform its functions.
Acts 1974, ch. 503, § 1; T.C.A., § 11-1901; Acts 1980, ch. 494, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 19 - NATIONAL PARK AND FOREST COMMISSIONS (§§ 11-19-101 — 11-19-106) › Section 11-19-102 - Members - Appointment - Term - Vacancy

(a)
The Great Smoky Mountains Park commission shall be composed of five (5) members, one (1) member to be appointed by the governor each year, and each member to serve a five-year term.
(b)
In order that the members of the commission serve staggered terms, the initial appointments to the commission under this section shall consist of:
(1)
One (1) member to serve a term of one (1) year;
(2)
One (1) member to serve a term of two (2) years;
(3)
One (1) member to serve a term of three (3) years;
(4)
One (1) member to serve a term of four (4) years; and
(5)
One (1) member to serve a term of five (5) years.
(c)
Members shall be appointed by June 15 of each year to take office on July 1 of each year.
(d)
In the event of a vacancy in the office of a member of the commission, the governor shall appoint a new member of the commission to serve out the remainder of the vacating member's term.
(e)
The commissioner or a designee of the department of environment and conservation and the commissioner or a designee of the department of tourist development shall serve as ex officio members of the commission.
Acts 1974, ch. 503, § 2; T.C.A., § 11-1902; Acts 1980, ch. 494, § 1; 1982, ch. 799, § 3; 2004, ch. 511, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 19 - NATIONAL PARK AND FOREST COMMISSIONS (§§ 11-19-101 — 11-19-106) › Section 11-19-103 - Functions

It is the function of the Great Smoky Mountains Park commission to:
(1)
Have the authority to confer with the national park service, as a representative of the state of Tennessee, with regard to policies of the national park service to be observed in the Great Smoky Mountains National Park;
(2)
Furnish informational services to the United States congress with reference to the needs of the Great Smoky Mountains National Park including, but not limited to, the end of obtaining financial appropriations for the park;
(3)
Cooperate with similar commissions in other states adjacent to the Great Smoky Mountains National Park;
(4)
Urge the reasonable use of trails within the Great Smoky Mountains National Park;
(5)
Maintain, to as great an extent as possible, the entrances to the Great Smoky Mountains National Park free from commercial advertising and/or businesses; and
(6)
Take other action, as may be considered desirable, to preserve intact the natural beauty and scenery of the Great Smoky Mountains National Park. This grant of power to the commission shall be construed liberally in favor of the commission taking any action which may be considered by it advantageous to the Great Smoky Mountains National Park.
Acts 1974, ch. 503, § 3; T.C.A., § 11-1903; Acts 1980, ch. 494, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 19 - NATIONAL PARK AND FOREST COMMISSIONS (§§ 11-19-101 — 11-19-106) › Section 11-19-104 - Annual report

The Great Smoky Mountains Park commission shall submit an annual report of its activities to the governor and to the general assembly within fifteen (15) days after the convening of each regular legislative session, and special reports at such other times as it may deem appropriate.
Acts 1974, ch. 503, § 4; T.C.A., § 11-1904; Acts 1980, ch. 494, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 19 - NATIONAL PARK AND FOREST COMMISSIONS (§§ 11-19-101 — 11-19-106) › Section 11-19-105 - Compensation - Expenses

The members of the Great Smoky Mountains Park commission shall receive no compensation for their services, but shall be entitled to reimbursement for their necessary expenses in carrying out their obligations under this chapter, including, but not limited to, reimbursement for travel expenses in accordance with the official comprehensive travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
Acts 1974, ch. 503, § 5; 1976, ch. 806, § 1(53); T.C.A., §11-1905; Acts 1980, ch. 494, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 19 - NATIONAL PARK AND FOREST COMMISSIONS (§§ 11-19-101 — 11-19-106) › Section 11-19-106 - Relation to department of environment and conservation

(a)
The Great Smoky Mountains park commission shall be administratively attached to the department of environment and conservation, but for all other purposes other than administration shall be considered independent.
(b)
This section shall be subject to the specific appropriation of funds by the general assembly.
Acts 1989, ch. 116, § 3.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 21 - COUNTY CONSERVATION BOARDS (§§ 11-21-101 — 11-21-112) › Section 11-21-101 - Purpose

The purposes of this chapter are to create a county conservation board and to authorize counties to acquire, develop, maintain, and make available to the inhabitants of the county, public parks, preserves, parkways, playgrounds, recreational centers, county forests, wildlife areas and other conservation areas, and to promote and preserve the health and general welfare of the people, to encourage the orderly development and conservation of natural resources, and to cultivate good citizenship by providing adequate programs of public recreation.
Acts 1961, ch. 213, § 1; T.C.A., § 11-1101.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 21 - COUNTY CONSERVATION BOARDS (§§ 11-21-101 — 11-21-112) › Section 11-21-102 - Creation of county conservation boards - Alternative methods of creating - Members - Terms

(a)
Upon petition of not less than two hundred (200) qualified voters in any county to the county legislative body thereof, the county legislative body shall submit to the people of the county at the next general county-wide election the question of whether a county conservation board shall be created as provided for in this chapter. If at the election the majority of votes polled are for the creation of a county conservation board, the county legislative body shall within sixty (60) days after the election, create a county conservation board. In the alternative, the county legislative body in any county may, by a majority of all its members, also create a county conservation board in that county, as provided for in this chapter, without petition and referendum. As a further alternative, any county having a population of more than two hundred eighty-seven thousand (287,000) according to the 1980 federal census may, by a majority vote of all the members of the county legislative body, adopt chapter 24 of this title, for the effective management of a parks and recreation department. Furthermore, these alternative provisions relating to counties of populations greater than two hundred eighty-seven thousand (287,000) and to chapter 24 of this title shall have no effect unless the county legislative body approves by a two-thirds (
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/
3
) vote a resolution accepting as applicable these provisions. Approval or nonapproval of such resolution shall be proclaimed by the presiding officer of the legislative body, and certified by the presiding officer to the secretary of state.
(b)
If created by any of these three (3) methods, the board shall consist of a minimum of five (5) bona fide residents up to a maximum of nine (9) bona fide residents of such county. The members shall hold office for staggered terms, not to exceed five (5) years, as indicated and fixed by the county legislative body. When any member of the board, during the term of office, shall cease to be a bona fide resident of the county, such member shall thereby be disqualified as a member of the board and such member's office shall thereupon be declared vacant. Members of the board shall be selected and appointed on the basis of their demonstrated interest in conservation matters and shall serve without compensation, but may be paid their actual and necessary expenses incurred in the performance of their official duties. 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 1961, ch. 213, § 2; 1967, ch. 388, § 1; 1976, ch. 806, § 1(140); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 11-1102; Acts 1984, ch. 813, § 5; 2005, ch. 83, §§ 1, 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 21 - COUNTY CONSERVATION BOARDS (§§ 11-21-101 — 11-21-112) › Section 11-21-103 - Officers of board - Meetings - Powers - Annual report

Within thirty (30) days after their appointment, the county conservation board shall organize by selecting from its members a president and secretary and such other officers as are deemed necessary, who shall hold office for the calendar year in which elected and until their successors are selected and qualified. A majority of the members to which the board is entitled shall constitute a quorum for the transaction of business. The board shall hold regular monthly meetings; provided, however, that by majority vote of the membership, the board may hold meetings less frequently based on the needs of the county, but not less frequently than quarterly. Special meetings may be called by the president, and shall be called on the request of a majority of members, as necessity may require. The board shall have power to adopt bylaws, to adopt and use a common seal, and to enter into contracts. The county legislative body shall provide suitable offices for the meetings of the board and for the safekeeping of its records. Such records shall be subject to public inspection at all reasonable hours and under such regulations as the board may prescribe. The board shall annually make a full and complete report to the county legislative body of its transactions and operations for the preceding year. Such report shall contain a full statement of its receipts, disbursements, and the program of work for the period covered, and may include such recommendations as may be deemed advisable. A copy of this report shall be filed with the commissioner of environment and conservation.
Acts 1961, ch. 213, § 3; impl. am. Acts 1963, ch. 169, §3; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 11-1103; Acts 2005, ch. 83, §3; 2009 , ch. 496, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 21 - COUNTY CONSERVATION BOARDS (§§ 11-21-101 — 11-21-112) › Section 11-21-105 - Rules and regulations

(a)
The county conservation board may make, alter, amend or repeal rules and regulations for the protection, regulation and control of all parks, preserves, parkways, playgrounds, recreation centers, and other property under its control. No rules and regulations adopted shall be contrary to, or inconsistent with, the laws of the state of Tennessee. The board may designate the executive officer and such employees as the executive officer may designate as police officers who shall have all the powers conferred by law on police officers, peace officers, or sheriffs in the enforcement of the laws of the state of Tennessee and the apprehension of violators thereof.
(b)
In counties having a population of less than six hundred thousand (600,000) according to the 1970 federal census or any subsequent federal census, such rules and regulations shall not take effect until ten (10) days after their adoption by the board and after their publication once a week for two (2) weeks in at least one (1) paper circulating in the county, and after a copy thereof has been posted near each gate or principal entrance to the public ground to which they apply. In counties having a population of six hundred thousand (600,000) or more according to the 1970 federal census or any subsequent federal census, such rules and regulations shall not take effect until thirty (30) days after their adoption by the board and after the same have been approved by the commissioner of environment and conservation.
(c)
In counties having a population of six hundred thousand (600,000) or more according to the 1970 federal census or any subsequent federal census, all rules and regulations adopted by any board, after due notice in accordance with this section and a copy thereof having been recorded with the commissioner, shall be subject to enforcement by a fine of not more than fifty dollars ($50.00) for each violation against any person found guilty of violating such rules and regulations. Any violation of the rules and regulations for the care and management of such property of county conservation boards as may be made under the authority of this section is a Class B misdemeanor.
(d)
No county conservation board shall require that any parks, preserves, parkways, playgrounds, recreation centers and other property under its control be named in dedication only to individuals who are deceased at the time of such naming.
Acts 1961, ch. 213, § 5; 1974, ch. 509, §§ 1, 2; T.C.A., § 11-1105; Acts 1989, ch. 591, §112; 2009 , ch. 500, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 21 - COUNTY CONSERVATION BOARDS (§§ 11-21-101 — 11-21-112) › Section 11-21-107 - Cooperation with federal, state, and local agencies

Any county conservation board may cooperate with the federal government or the state government or any department or agency thereof, including the Tennessee Valley authority and the United States army corps of engineers, to carry out the purposes and provisions of this chapter. Any county conservation board may join with any other county board or county boards to carry out this chapter, and to that end may enter into agreements with each other and may do any and all things necessary or convenient to aid and to cooperate in carrying out this chapter. Any city, town, or school district may aid and cooperate with any county conservation board or any combination thereof in equipping, operating and maintaining any parks, preserves, parkways, playgrounds, recreation centers, and conservation areas, and for providing, conducting and supervising programs of activities, and may appropriate money for such purposes. The department of environment and conservation, county agricultural agent, and other county officials shall render such assistance as shall not interfere with their regular employment. The county legislative body is authorized to make available to the use of the county conservation board, county-owned equipment and operators and any county-owned materials it deems advisable.
Acts 1961, ch. 213, § 7; impl. am. Acts 1963, ch. 169, §3; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 11-1107.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 21 - COUNTY CONSERVATION BOARDS (§§ 11-21-101 — 11-21-112) › Section 11-21-108 - Use of school buildings, grounds or equipment

(a)
Any county board of education or the governing body of any special school district may grant the use of any buildings, grounds, or equipment of the district to any county conservation board for the purpose of carrying out this chapter whenever such use of the school buildings, grounds or equipment for such purposes will not interfere with the use of the buildings, grounds, and equipment for any purpose of the public school system.
(b)
The departments of environment and conservation and education shall assist county conservation boards with a positive program of technical advice so as to assure that school officials and county conservation boards cooperate in making school facilities available for recreational purposes. In providing this service, such departments shall work cooperatively with the Tennessee School Boards Association and the Tennessee Parks and Recreation Association. All state and local officials working in furtherance of this subsection (b) shall take due notice of the model Tennessee agreement between school boards and parks and recreation agencies as jointly published by the Tennessee School Boards Association and the Tennessee Parks and Recreation Association and as this document may be, from time to time, amended. A current copy of this document with amendments shall be kept on file in the office of the parks and recreation technical advisory service.
Acts 1961, ch. 213, § 8; T.C.A., § 11-1108; Acts 1989, ch. 23, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 21 - COUNTY CONSERVATION BOARDS (§§ 11-21-101 — 11-21-112) › Section 11-21-109 - Departments of environment and conservation and education to advise and assist counties

The departments of environment and conservation and education shall advise with and may assist any county or counties in carrying out the purposes of this chapter.
Acts 1961, ch. 213, § 9; impl. am. Acts 1963, ch. 169, § 3; T.C.A., § 11-1109.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 21 - COUNTY CONSERVATION BOARDS (§§ 11-21-101 — 11-21-112) › Section 11-21-110 - Dissolution of boards

(a)
A county conservation board created by petition and election as provided for in §
11-21-102
may only be dissolved after an election on the issue of dissolution. In the case that there has been an election on the issue of dissolution and a majority of the voters vote for dissolution, the board shall not be dissolved unless a resolution for dissolution be passed by the county legislative body.
(b)
A county conservation board created solely by action of the county legislative body may be dissolved by similar action. Notice of an action to dissolve such board must be given to the chair of such board at least thirty (30) days preceding a vote by the legislative body on the issue. Public notice of such pending action must also be given by notification published in the newspaper of circulation in the county on at least two (2) occasions within the thirty-day period preceding the vote by the legislative body.
(c)
Notwithstanding subsections (a) and (b), a board may be dissolved by action of the commissioner of environment and conservation after adequate hearing held after sixty (60) days written notice given to the county mayor and members of the board and upon any of the following findings:
(1)
The board has not met within a period of six (6) months;
(2)
A majority of the positions of the board members are unfilled or unappointed or a majority of persons on the board are sitting due to the failure of the county legislative body to appoint a successor;
(3)
The board has failed to file its annual report with the commissioner for two (2) successive years; or
(4)
Other similar findings which would indicate that the board is no longer bona fide or active.
Acts 1984, ch. 813, §2; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 21 - COUNTY CONSERVATION BOARDS (§§ 11-21-101 — 11-21-112) › Section 11-21-111 - Board to provide assistance to small cities and towns

The county conservation board shall be considered the parks and recreation providing agency for certain small cities and towns excluded from the general application of chapter 24 of this title. Such boards shall work cooperatively with these cities and towns. A small city or town desiring parks and recreation services shall enter into an agreement pursuant to §
11-24-105
with the board. The board shall develop and maintain parks and recreation facilities and programs within the jurisdiction of such small city or town according to this agreement.
Acts 1984, ch. 813, § 3.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 21 - COUNTY CONSERVATION BOARDS (§§ 11-21-101 — 11-21-112) › Section 11-21-112 - Joint municipal or county systems

To effect §
11-21-107
and this chapter, county conservation boards desiring to cooperate with the conservation board of another county or with the parks and recreation board of a municipality, created pursuant to §
11-24-104(a)
, or with a municipality operating a parks and recreation system created under §
11-24-103
, shall enter into an agreement pursuant to title 12, chapter 9, the Interlocal Cooperation Act, with the cooperating party.
Acts 1984, ch. 813, § 4.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 22 - COUNTY FISHING LAKES AND RECREATION GROUNDS (§ 11-22-101) › Section 11-22-101 - Lakes - Counties may acquire suitable areas

The legislative body of any county is authorized to acquire, by gift or purchase, any natural lakes or lands suitable for the construction of lakes, and to hold fee simple title in the name of the county.
Acts 1937, ch. 219, §§ 1, 2; mod. C. Supp. 1950, § 5201.8 (Williams, §§ 5201.9, 5201.10); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 11-801; Acts 2006, ch. 863, § 10.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 23 - ACQUISITION OF LANDS BY POLITICAL SUBDIVISIONS FOR FORESTRY PURPOSES (§§ 11-23-101 — 11-23-105) › Section 11-23-101 - Counties, municipalities or other political subdivisions authorized to acquire lands for forestry purposes

Counties, municipalities or other political subdivisions of the state are authorized to acquire by purchase, gift or otherwise lands within the boundaries of the state and to use the same for forestry purposes.
Acts 1941, ch. 105, § 1; C. Supp. 1950, § 630.28 (Williams, §630.28a); T.C.A. (orig. ed.), § 11-701.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 23 - ACQUISITION OF LANDS BY POLITICAL SUBDIVISIONS FOR FORESTRY PURPOSES (§§ 11-23-101 — 11-23-105) › Section 11-23-102 - Appropriation or bond issue - Public notice

The governing body of the county, municipality or other political subdivision of the state may appropriate money or issue bonds pursuant to title 9, chapter 21, for the purchase of lands for the purposes herein provided, to establish forest plantations or for the care and management of forests. Such governing body may undertake such work at regular or special meetings by a majority vote of such body after two (2) weeks' public notice setting forth the fact that such plan is contemplated and that moneys are to be appropriated for such purpose.
Acts 1941, ch. 105, § 2; C. Supp. 1950, § 630.29 (Williams, §630.25b); T.C.A. (orig. ed.), § 11-702; Acts 1988, ch. 750, § 46.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 23 - ACQUISITION OF LANDS BY POLITICAL SUBDIVISIONS FOR FORESTRY PURPOSES (§§ 11-23-101 — 11-23-105) › Section 11-23-103 - Rules and provisions for administration and maintenance

Upon the acquisition of any forests or of lands suitable for such under this chapter, the governing body shall notify the state forester who shall make such rules for the government and proper administration of the same as may be necessary. The governing body shall thereupon publish such rules, declare the uses of the forest in accord with the true intent hereof and make such provisions for its administration, maintenance, protection and development as shall be necessary or expedient.
Acts 1941, ch. 105, § 3; C. Supp. 1950, § 630.30 (Williams, §630.25c); T.C.A. (orig. ed.), § 11-703.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 23 - ACQUISITION OF LANDS BY POLITICAL SUBDIVISIONS FOR FORESTRY PURPOSES (§§ 11-23-101 — 11-23-105) › Section 11-23-104 - Operation and maintenance for benefit of inhabitants

Such governing body has the full power and authority to acquire, maintain, manage and operate such forest for the benefit of the inhabitants of the county, municipality or other political subdivision under such technical supervision as the state forester may prescribe and in accordance with §
11-23-103
.
Acts 1941, ch. 105, § 4; C. Supp. 1950, § 630.31 (Williams, §630.25d); T.C.A. (orig. ed.), § 11-704.