reglab/statecodes huggingface dataset:
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 11-12-208 - Funding

Any expenditures required under this part shall be from departmental appropriations made in the general appropriations act.
Acts 1980, ch. 835, § 9; T.C.A., §§ 53-6908, 68-51-108.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 13 - SCENIC RIVERS (§§ 11-13-101 — 11-13-118) › Section 11-13-101 - Title - Legislative intent

(a)
This chapter shall be known by the title "The Tennessee Scenic Rivers Act of 1968."
(b)
The general assembly finds that certain rivers of Tennessee possess outstanding scenic, recreational, geological, fish and wildlife, botanical, historical, archaeological and other scientific and cultural values of great present and future benefit to the people. The general assembly further finds that the policy that has resulted in dam and other construction on many of the rivers of Tennessee needs to be complemented by a policy that would preserve other valuable selected rivers or sections thereof in their free-flowing natural or scenic condition and protect their water quality and adjacent lands. It is the policy of the general assembly to preserve and, if necessary, reclaim for the benefit of the people selected parts of Tennessee's diminishing resources of free-flowing rivers. It is the policy of the general assembly to maintain a proper balance between reservoirs and free-flowing rivers, to provide, thereby, a desirable variety of scenic, recreational, scientific and other values. It is the policy of the general assembly to preserve, within the scenic river system itself, several different types and examples of river areas, including the mountain streams and deep gorges of east Tennessee, the pastoral rivers of middle Tennessee and the swamp and wildfowl rivers of west Tennessee. For aesthetic as well as ecological and other scientific reasons, priority and especial emphasis shall be given to the preservation of natural, unspoiled, undeveloped river areas. Few of these are left in the eastern United States and the general assembly feels a strong obligation to the American people to protect the remarkably beautiful ones in Tennessee. The general assembly affirms that it must not deny the people of this generation and their descendants the opportunity to refresh their spirits with the infinite beauties of the unspoiled stream. To implement these policies, it is the purpose of this chapter to establish a state scenic rivers system by designating certain scenic river areas for immediate inclusion in the system and by prescribing the procedures and criteria for protecting and administering the system and for adding new components to it. It is not the intent of this chapter to require or to authorize acquisition of all lands within the exterior boundaries of scenic river areas but to assure preservation of the scenic, ecological and other values, and to provide proper management of the recreational, wildlife and other land and water resources. It is the intention of the general assembly that in all planning for the use and development of water and related land resources, consideration shall be given by all local, state and federal agencies involved to potential scenic river areas, and all river basin and project plan reports should discuss any such potential.
Acts 1968, ch. 540, §§ 1, 2; T.C.A., § 11-1401.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 13 - SCENIC RIVERS (§§ 11-13-101 — 11-13-118) › Section 11-13-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Conservation easement" means a conservation easement as defined in §
66-9-303
. No conservation easement obtained pursuant to this chapter shall grant a right of physical access to the public;
(2)
"Free flowing" means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence, however, of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the state scenic rivers system shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the state scenic rivers system;
(3)
"Public access area" means an area adjoining the river acquired by the state in fee simple;
(4)
"Public use easement" means a perpetual right in land of less than fee simple which:
(A)
Obligates the grantor and the grantor's heirs and assigns to certain restrictions constituted to maintain and enhance the scenic qualities of those lands bordering the river;
(B)
Is restricted to the area defined in the easement deed; and
(C)
Grants a right of public use but prohibits camping;
(5)
"River" means a flowing body of water or a section, portion or tributary thereof, including rivers, streams, creeks, branches, or small lakes; and
(6)
"Road" means highway, hard-surface road, improved and unimproved dirt road. The existence, however, of unimproved roads at the time any river is proposed for inclusion in the state scenic rivers system shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize, intend, or encourage future construction.
Acts 1968, ch. 540, § 3; 1972, ch. 686, § 1; T.C.A., § 11-1402; Acts 1981, ch. 361, § 11.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 13 - SCENIC RIVERS (§§ 11-13-101 — 11-13-118) › Section 11-13-105 - Proposals for additions to system

The commissioner of environment and conservation shall study and from time to time submit to the governor and to the general assembly proposals for the addition to the state scenic rivers system of rivers and sections of rivers which, in the commissioner's judgment, fall within one (1) or more of the categories set out in §
11-13-103
. Each proposal shall specify the category of the proposed addition and shall be accompanied by a detailed report on the factors which, in the judgment of the commissioner, make the area a worthy addition to the system. The intention of this requirement is to ensure that such studies will be made; it is not intended to preclude or discourage studies and proposals by other agencies or by citizen groups working independently or with the department.
Acts 1968, ch. 540, § 6; T.C.A., § 11-1405.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 13 - SCENIC RIVERS (§§ 11-13-101 — 11-13-118) › Section 11-13-106 - Administration of system - Criteria

(a)
The scenic river system shall be administered by the department of environment and conservation in cooperation with the wildlife resources agency and according to the policies and criteria set forth in this chapter.
(b)
The commissioner of environment and conservation is authorized to make and enforce such regulations as are necessary to carry out this chapter as they relate to the scenic values of river areas.
(c)
In such administration, primary emphasis shall be given to protecting aesthetic, scenic, historic, archaeologic, and scientific features of the area; no buildings for accommodation, administration, or similar purposes shall be constructed, within a scenic river area, within view of the river or its banks, nor shall any automobile parking lots, campgrounds, or similar facilities be located in areas not adequately screened from the river.
(d)
When publicizing the state's scenic rivers system, the commissioner shall not publicize, and shall omit from any publicity, any Class II or Class III river any part of which flows through a county with a population in excess of four hundred thousand (400,000) according to the United States census of 1970 or any subsequent census.
(e)
Management plans for protection may differ in intensity within a given class of rivers or within a given river area, based on special attributes of the different localities, but should adhere to the following criteria as closely as possible:
(1)
Class I scenic river areas should be managed in a manner which:
(A)
Would best maintain and enhance those conditions which are attributed to a wilderness type area, and those criteria embodied in §
11-13-103
;
(B)
Would allow camping and river access only at designated public access areas acquired in fee; and
(C)
Would allow for public use only within prescribed public use easements or public access areas;
(2)
Class II scenic river areas should be managed in a manner which would best maintain and enhance the scenic values of the river and the adjacent lands while at the same time preserving the right of riparian landowners to use the river for customary agricultural and other rural purposes; and
(3)
Class III scenic river areas should be managed in a manner which would best maintain and enhance the scenic values of the river while at the same time preserving the right of riparian landowners to use the river for customary agricultural, residential, recreational, commercial, and industrial purposes.
Acts 1968, ch. 540, § 7; 1972, ch. 686, § 2; impl. am. Acts 1974, ch. 481, §§ 4, 6; T.C.A., § 11-1406.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 13 - SCENIC RIVERS (§§ 11-13-101 — 11-13-118) › Section 11-13-107 - Classification to higher status

(a)
Whenever in the judgment of the commissioner of environment and conservation a scenic river area previously administered as Class II or Class III has been sufficiently restored and enhanced in its natural scenic and recreational qualities, the commissioner may recommend to the general assembly that such an area be classified to a higher status (Class II raised to Class I, or Class III raised to a Class II or Class I) and thereafter administered accordingly.
(b)
No scenic river area shall be managed in a manner that would:
(1)
Result in the area falling into a lower class; or
(2)
Be detrimental to the highest water quality classification standards determined by federal and/or state agencies.
Acts 1968, ch. 540, § 8; 1972, ch. 686, § 3; T.C.A., § 11-1407.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 13 - SCENIC RIVERS (§§ 11-13-101 — 11-13-118) › Section 11-13-108 - General rules for establishing boundaries of area - Establishment of Duck River area

(a)
The commissioner of environment and conservation may, within two (2) years after a river or segment of river has been made part of the state scenic rivers system, determine generally the boundaries of the scenic river area associated with that river or river segment. If a determination of the boundaries is made, the determination shall be in accordance with the following river classifications:
(1)
For a Class I river (the gorge and swamp rivers), the boundary shall be established in such a way that it includes at least the entire scenic vista from the river and its banks. For gorge rivers, the boundaries shall be no more than three thousand feet (3,000') from the center of the river on each side. For swamp rivers, the boundaries shall be no more than one thousand feet (1,000') from the center of the river on each side; and
(2)
For Class II or Class III river areas, the boundary shall include the vista from the river and shall be no more than four hundred fifty feet (450') from the usual banks of the river on each side.
(b)
(1)
If the commissioner of environment and conservation determines that the establishment of boundaries on that segment of Duck River established as a scenic river under §
11-13-104
is to be established then the commissioner shall initiate an outreach program to educate property owners and local communities in the area of this river segment about the program and the environmental and economic benefit the establishment of such boundaries provides. The commissioner shall then, using sound discretion and considering all relevant circumstances, establish a perpetual boundary of the scenic river area associated with the river or river segment.
(2)
(A)
If the proposed boundary of the scenic river area includes private property, then the state shall obtain the notarized consent of the private landowner before establishing the boundary.
(B)
The department shall only establish boundaries on this river based upon the consent of the owner of any affected private lands.
Amended by 2018 Tenn. Acts, ch. 559, s 1, eff. 3/14/2018.
Acts 1968, ch. 540, § 9; 1970, ch. 437, § 1; 1976, ch. 462, § 1; T.C.A., § 11-1408; Acts 2001, ch. 232, §2; 2012 , ch. 604, § 14.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 13 - SCENIC RIVERS (§§ 11-13-101 — 11-13-118) › Section 11-13-109 - Acquisition of land

Within the exterior boundaries of a scenic river area, as established under §
11-13-108
, the commissioner of environment and conservation may acquire on behalf of the state of Tennessee lands in fee title, or an interest in land in the form of easements as defined in §
11-13-102
. Acquisition of land or of interest therein may be by donation, purchase with donated or appropriated funds, exchange, or otherwise.
Acts 1968, ch. 540, § 10; 1972, ch. 686, § 4; T.C.A., § 11-1409; Acts 1984, ch. 575, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 13 - SCENIC RIVERS (§§ 11-13-101 — 11-13-118) › Section 11-13-110 - Daily commercial rafting carrying capacity

(a)
Notwithstanding any law, rule or regulation to the contrary, the daily commercial carrying capacity for that section of the Ocoee River between Rogers Branch and Caney Creek in the lower Ocoee River Recreational Area shall be four thousand two hundred and fifty (4,250) commercial customers for the dates on which the commercial usage on such dates during the last season exceeded four thousand two hundred and fifty (4,250) customers. Each date on which the carrying capacity was capped for the last season shall also be capped on the same date for the next season unless the commercial usage on the capped date during the previous season fell below four thousand fifty (4,050) customers.
(b)
Notwithstanding subsection (a), Hiwassee/Ocoee Scenic River State Park management shall have the authority to increase or decrease the daily commercial carrying capacity at the lower Ocoee River Recreational Area to the extent staffing and infrastructure will allow; provided, that any such decrease will not go below four thousand (4,000) commercial customers.
(c)
The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this section. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2010, ch. 944, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 13 - SCENIC RIVERS (§§ 11-13-101 — 11-13-118) › Section 11-13-111 - Land uses permitted

(a)
Land uses to be allowed within the exterior boundaries of a scenic river area shall depend upon the classification of such an area, as follows:
(1)
In Class I scenic river areas, no new roads or buildings shall be constructed, and there shall be no mining. The cutting of timber shall be allowed pursuant to reasonable regulations issued by the commissioner of environment and conservation, which regulations shall be consistent with commonly accepted tree farming practices;
(2)
In Class II and Class III scenic river areas, the continuation of present agricultural practices, such as grazing and the propagation of crops, shall be permitted. The construction of farm-use buildings shall be permitted; provided, that it is found to be compatible with the maintenance of scenic vistas from the stream and its banks. There shall be no mining, commercial timber harvest, or construction of roads paralleling the river within the limits of any conservation easement, public use easement or public access area. Public access through new road construction, as well as landings and other structures related to recreational use of these scenic river areas shall be allowed; provided, that there is no other such access within seven (7) river miles in either direction; and
(3)
(A)
In Class II scenic river areas, the construction and operation of sewer treatment facilities, water treatment facilities, and water harvesting projects by municipalities and public utilities within the watershed, either individually or collectively, and regional water resource projects identified by the Tennessee Duck River development agency, created by §
64-1-601
, and the Tennessee Valley authority in their regional water supply plans and studies, are permitted; provided, that any such use must be in accordance with rules promulgated by the commissioner of environment and conservation.
(B)
The commissioner is authorized to promulgate rules to effectuate the purposes of this subdivision (a)(3). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
(1)
No landfill for the disposal of solid or hazardous wastes shall be permitted within two (2) miles from the center of a Class II river on each side nor within two (2) miles of the center of such river on each side in any county which is adjacent to such Class II river, notwithstanding the fact that the river is not designated as a scenic river in such adjacent county, if the river in such adjacent county flows into the county in which such river is designated as a Class II river.
(2)
It is the intention of the general assembly by this subsection (b) to protect Class II rivers from possible pollution due to the proximity of landfills for the disposal of solid or hazardous wastes.
Amended by 2023 Tenn. Acts, ch. 195, s 2, eff. 4/24/2023.
Acts 1968, ch. 540, § 12; 1972, ch. 686, § 6; T.C.A., § 11-1411; Acts 1981, ch. 361, § 12; 1990, ch. 1077, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 13 - SCENIC RIVERS (§§ 11-13-101 — 11-13-118) › Section 11-13-112 - Conflict with other laws

Any component of the state scenic river system that is or shall become a part of any state park, wildlife refuge, or similar area shall be subject to this chapter and the laws under which the other areas may be administered, and in the case of conflict between these laws the more restrictive provisions shall apply.
Acts 1968, ch. 540, § 13; T.C.A., § 11-1412.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 13 - SCENIC RIVERS (§§ 11-13-101 — 11-13-118) › Section 11-13-113 - Cooperation of other state agencies with commissioner of environment and conservation

(a)
All state agencies shall, promptly upon enactment of this chapter, inform the commissioner of environment and conservation of any proceedings, studies, or other activities within their jurisdiction, and regardless of by whom requested, which are now in progress and which affect or may affect any of the rivers specified in §
11-13-104
. They shall likewise inform the commissioner of any such proceedings, studies, or other activities which are hereafter commenced or resumed before they are commenced or resumed.
(b)
Nothing in this chapter shall affect the jurisdiction or responsibilities of other state agencies under other law with respect to fish and wildlife.
Acts 1968, ch. 540, § 14; T.C.A., § 11-1413.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 13 - SCENIC RIVERS (§§ 11-13-101 — 11-13-118) › Section 11-13-114 - Inclusion within national scenic rivers system

Nothing in this chapter shall preclude a component of the state scenic rivers system from becoming a part of any national scenic rivers system. The commissioner of environment and conservation is directed to encourage and assist any federal studies for inclusion of Tennessee rivers in a national scenic rivers system. The commissioner may enter into written cooperative agreements for joint federal-state administration of a Tennessee component of any national scenic rivers system; provided, that such agreements for the administration of water and land uses are not less restrictive than those set forth in this chapter.
Acts 1968, ch. 540, § 15; T.C.A., § 11-1414.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 13 - SCENIC RIVERS (§§ 11-13-101 — 11-13-118) › Section 11-13-115 - Assistance from other agencies

The commissioner of environment and conservation may seek financial assistance for the state scenic rivers system from the land and water conservation fund and other federal and local government sources. In the administration and study of the system, and in studies of potential additions to the system, the commissioner may seek technical assistance from the bureau of outdoor recreation and other federal and local government agencies.
Acts 1968, ch. 540, § 16; T.C.A., § 11-1415.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 13 - SCENIC RIVERS (§§ 11-13-101 — 11-13-118) › Section 11-13-116 - Water pollution control

The commissioner of environment and conservation shall cooperate with the appropriate federal and state water pollution control agencies and environmental management agencies, including forestry, for the purpose of eliminating or diminishing the pollution of waters within scenic rivers areas; provided, that such cooperation furthers the objectives of preserving natural stream flow and natural ecological conditions.
Acts 1968, ch. 540, § 17; T.C.A., § 11-1416.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 13 - SCENIC RIVERS (§§ 11-13-101 — 11-13-118) › Section 11-13-117 - Violations - Penalty

Whoever violates, fails, neglects or refuses to obey any provision of this chapter or regulation or order of the commissioner of environment and conservation may be compelled to comply with or obey the same by injunction, mandamus or other appropriate remedy; provided, that whoever violates, fails, neglects or refuses to obey any provision 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 1968, ch. 540, § 18; T.C.A., § 11-1417.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 13 - SCENIC RIVERS (§§ 11-13-101 — 11-13-118) › Section 11-13-118 - Registry of riparian lands

The department shall maintain a registry of riparian lands along those segments of designated scenic rivers specified in §
11-13-104
, that are not in state ownership and whose owners have voluntarily agreed to maintain them in a natural state. Such registration shall not be binding nor shall it involve any transfer of property rights. However, owners of riparian lands so registered may at any time voluntarily consent to have such areas included within scenic river boundaries as provided in §
11-13-108
. The commissioner may adopt guidelines or regulations for the administration of this voluntary registration program including, but not limited to, the uses that may be made of lands in the registry. Owners of lands in the registry shall be permitted to make public the fact that the area is so listed. If the commissioner finds at any time that the owner has failed to maintain any such lands in a natural state, they shall be removed from the registry.
Acts 2002, ch. 779, § 1.
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 1 - GENERAL PROVISIONS (§§ 11-14-101 — 11-14-117) › Section 11-14-101 - Short title

This part shall be known and may be cited as the "Natural Areas Preservation Act of 1971."
Acts 1971, ch. 116, § 1; T.C.A., § 11-1701.
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 1 - GENERAL PROVISIONS (§§ 11-14-101 — 11-14-117) › Section 11-14-102 - Purpose

The general assembly finds that in the countryside of Tennessee there are areas possessing scenic, scientific, including biological, geological and/or recreational values, and which are in prospect and peril of being destroyed or substantially diminished by actions such as dumping of refuse, commercialization, construction, changing of population densities or similar actions, there being either no regulations by the state or by local governments or regulations which are inadequate or so poorly enforced as not to yield adequate protection to such areas. It is the intention of the general assembly to provide protection for such areas.
Acts 1971, ch. 116, § 2; T.C.A., § 11-1702.
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 1 - GENERAL PROVISIONS (§§ 11-14-101 — 11-14-117) › Section 11-14-103 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Area" means an area of land or water, or both, whether in public or private ownership, which has scenic, natural, or scientific values;
(2)
"Commissioner" means the commissioner of environment and conservation;
(3)
"Department" means the department of environment and conservation;
(4)
"Local government" means the government of a county or municipality; and
(5)
"System" means collectively the areas, whether scenic, natural or scientific, which will be placed in this part and which shall receive the preservation and protection that is provided by this part.
Acts 1971, ch. 116, § 3; T.C.A., § 11-1703.
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 1 - GENERAL PROVISIONS (§§ 11-14-101 — 11-14-117) › Section 11-14-104 - Administration - Report on implementation

(a)
This part shall be administered by the department, in cooperation with the wildlife resources agency, acting as an advisory body.
(b)
The commissioner is authorized to make and shall enforce certain regulations necessary for the preservation and enhancement of the values herein protected, and for control of recreational, educational, scientific and other uses of these areas in a manner that shall not impair them.
Amended by 2013 Tenn. Acts, ch. 93,s 2, eff. 4/8/2013.
Acts 1971, ch. 116, § 4; impl. am. Acts 1974, ch. 481, §§ 4, 6; T.C.A., § 11-1704.
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 1 - GENERAL PROVISIONS (§§ 11-14-101 — 11-14-117) › Section 11-14-105 - Classifications

There shall be two (2) classes of areas within the meaning of this part:
(1)
Class I, scenic-recreational areas, which are areas associated with and containing waterfalls, natural bridges, natural lakes, small but scenic brooks or streams, gorges, coves, woodlands, caverns or other similar features or phenomena, which are unique in scenic and recreational value and not extensive enough for a state park but worthy of perpetual preservation; and
(2)
Class II, natural-scientific areas, which are areas associated with and containing floral assemblages, forest types, fossil assemblages, geological phenomena, hydrological phenomena, swamplands and other similar features or phenomena which are unique in natural or scientific value and are worthy of perpetual preservation.
Acts 1971, ch. 116, § 5; T.C.A., § 11-1705.
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 1 - GENERAL PROVISIONS (§§ 11-14-101 — 11-14-117) › Section 11-14-106 - Development permitted

(a)
The following development shall be permitted in the two (2) classes of areas:
(1)
(A)
Class I areas may be developed with foot trails, foot bridges, overlooks, primitive campgrounds and small picnic areas with associated sanitary facilities;
(B)
Class II areas may be developed with foot trails, foot bridges, overlooks and primitive campgrounds; and
(2)
Either class may be developed with such facilities as may be reasonably necessary for the dissemination of educational material and for the safe and proper management and protection of the area; provided, that no such facility shall be constructed or sited in such a manner as to be inconsistent with the preservation of the natural or scientific values in a Class II area or as an intrusion upon the scenic and recreational values in a Class I area.
(b)
The commissioner shall adopt rules and regulations for each natural area, specifying the activity or activities permitted. Such permissible activities shall not be inconsistent with the purpose of perpetual preservation. If, in the discretion of the commissioner, any portion of an area is deemed to be of so fragile a nature that overuse may damage it, limitations may be placed on activities within those portions. Removal of plants, animals or geological specimens shall not be permitted except by permit issued by the commissioner. If hunting or fishing are among the activities permitted by the commissioner, the commissioner shall adopt, with the advice of the wildlife resources agency, rules and regulations to regulate such activity on the natural area in question. Such rules and regulations may be more restrictive than the rules and regulations adopted for statewide hunting and fishing by the wildlife resources agency.
Acts 1971, ch. 116, § 6; 1978, ch. 634, § 1; T.C.A., § 11-1706.
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 1 - GENERAL PROVISIONS (§§ 11-14-101 — 11-14-117) › Section 11-14-107 - Reports by department

The department shall submit annually to each succeeding general assembly proposals for additions and alterations to Class I or Class II areas, or for improvements to this program. Each proposal shall specify the category of the proposed addition and shall be accompanied by a report on the factors which, in the judgment of the department, make the area a worthy addition to the system. The department shall consult with citizens' organizations in the administration of this part as much as possible. The department shall give notice to the public and an opportunity for public comment on any proposal to designate a new natural area or to modify the acreage of any designated natural area.
Acts 1971, ch. 116, § 7; impl. am. Acts 1974, ch. 481, §§ 4, 6; T.C.A., § 11-1707; Acts 2004, ch. 947, § 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 1 - GENERAL PROVISIONS (§§ 11-14-101 — 11-14-117) › Section 11-14-109 - Plan for development and protection

The commissioner shall, within two (2) years after an area has been made a part of this system, have completed a comprehensive plan of development and protection, and shall have begun the process of acquisition.
Acts 1971, ch. 116, § 9; T.C.A., § 11-1709.
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 1 - GENERAL PROVISIONS (§§ 11-14-101 — 11-14-117) › Section 11-14-110 - Acquisition of property

Within the boundaries of any Class I or Class II area included within the system, except those belonging to local governments, the commissioner may acquire, on behalf of the state of Tennessee, lands in fee title, or if applicable, and preferably, interest in land in the form of conservation easements. Easements should especially be sought in establishment of trails or other narrow, elongated or extensive land uses. Acquisition of land in fee or of any interest therein may be by donation, purchase with donated or appropriated funds, exchange, or otherwise. In acquiring property or property interests, as herein defined, the commissioner shall have the powers set forth in title 29, chapter 16, as heretofore or hereinafter amended, or under any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain. No area shall be added to this part except by an act of the general assembly.
Acts 1971, ch. 116, § 10; T.C.A., § 11-1710; Acts 1981, ch. 361, § 13.
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 1 - GENERAL PROVISIONS (§§ 11-14-101 — 11-14-117) › Section 11-14-111 - Cooperation with other agencies

The commissioner, with the assistance of the other concerned state agencies, shall seek the cooperation of federal, county, and municipal agencies for the purposes of planning, development, and administration of the areas included within this program, and for the wise utilization of economic resources.
Acts 1971, ch. 116, § 11; T.C.A., § 11-1711.
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 1 - GENERAL PROVISIONS (§§ 11-14-101 — 11-14-117) › Section 11-14-112 - Registration of privately owned areas

The department shall maintain a registry of scenic or natural-scientific areas that are not in state ownership and whose owners have agreed to maintain them in a natural state, in accordance with such rules and regulations promulgated by the commissioner. Owners of such areas shall be permitted to make public the fact that the area is listed in the state registry. If the commissioner finds at any time that the owner has failed to maintain the criteria for natural areas as specified in this part, registration shall lapse.
Acts 1971, ch. 116, § 12; 1978, ch. 634, § 2; T.C.A., § 11-1712.
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 1 - GENERAL PROVISIONS (§§ 11-14-101 — 11-14-117) › Section 11-14-113 - Areas becoming part of other state areas

Any component of the system that is or shall become a part of any state park, wildlife refuge, or similar area shall be subject to this part and the laws under which the other areas may be administered and, in the case of conflict between these laws, the more restrictive provisions shall apply.
Acts 1971, ch. 116, § 13; T.C.A., § 11-1713.
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 1 - GENERAL PROVISIONS (§§ 11-14-101 — 11-14-117) › Section 11-14-114 - Reports from other agencies

All state agencies shall, as areas are placed in this system, inform the commissioner of any proceedings, studies, or other activities within their jurisdiction and regardless of by whom requested which are then in progress and which affect or may affect any of the areas specified in §
11-14-105
. They shall likewise inform the commissioner of any such proceedings, studies or other activities which are thereafter commenced or resumed before they are commenced or resumed.
Acts 1971, ch. 116, § 14; T.C.A., § 11-1714.
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 1 - GENERAL PROVISIONS (§§ 11-14-101 — 11-14-117) › Section 11-14-115 - Violations - Penalties

(a)
Whoever violates, fails, neglects or refuses to obey this part or rule or regulation promulgated hereunder may be punished by a fine of not less than one hundred dollars ($100) for each day of such violation.
(b)
In addition to the foregoing criminal penalty, the general assembly finds that it is appropriate that there be the following civil sanction as well. Any person who commits any of the following acts or omissions is subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs:
(1)
Any damage or vandalism to any natural area;
(2)
The removal or destruction of any rare, threatened or endangered species of plants in any natural area; or
(3)
Any other violation of this part or the rules promulgated hereunder.
(c)
The commissioner, through the attorney general and reporter, may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation occurred, in the name of the department.
(d)
In assessing the civil penalty, the court may consider the following factors:
(1)
Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
(2)
Damages to the natural area, including compensation for loss or destruction of any part of the area, resulting from the violation, as well as expenses involved in enforcing this section and the costs involved in rectifying any damage;
(3)
The cause of the violation; and
(4)
Any economic benefit gained by the violator.
Acts 1971, ch. 116, § 15; T.C.A., § 11-1715; Acts 1998, ch. 1080, § 6; 2001, ch. 56, § 7.
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 1 - GENERAL PROVISIONS (§§ 11-14-101 — 11-14-117) › Section 11-14-117 - Initiation of proceedings - Injunctive relief

The commissioner may initiate proceedings in the chancery court of Davidson County or the county in which the activities occurred against any person who is alleged to have violated or is about to violate this part or the rules promulgated hereunder. In such action the commissioner may seek, and the court may grant, injunctive relief and any other relief available in law or equity.
Acts 2001, ch. 56, § 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 2 - AGRICULTURAL, FOREST AND OPEN SPACES LAND (§§ 11-14-201 — 11-14-203) › Section 11-14-201 - Expenditure of public funds

Public funds may be expended or advanced by the state or any municipality or county in the state to acquire by purchase, gift, grant, bequest, devise, or lease, the fee or any lesser interest in land, development right, easement, covenant or other contractual right necessary to achieve the purposes of this section and §§
11-15-107
,
11-15-108
,
67-5-509
,
67-5-601
,
67-5-602
, and
67-5-1001
- 67-5-1009.
Acts 1976, ch. 782, § 12; T.C.A., § 11-1716.
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 2 - AGRICULTURAL, FOREST AND OPEN SPACES LAND (§§ 11-14-201 — 11-14-203) › Section 11-14-202 - Public acquisition of fee

The state or any county or municipality may also acquire the fee to any property for the purpose of conveying or leasing the property back to its original owner or other person under such covenants or other contractual arrangements as will limit the future use of the property in accordance with the purposes of this section and §§
11-15-107
,
11-15-108
,
67-5-509
,
67-5-601
,
67-5-602
, and
67-5-1001
- 67-5-1009.
Acts 1976, ch. 782, § 12; T.C.A., § 11-1716.
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 2 - AGRICULTURAL, FOREST AND OPEN SPACES LAND (§§ 11-14-201 — 11-14-203) › Section 11-14-203 - Approval by planning authority

(a)
No private property shall be acquired by any county or municipality under this part until the planning commission having jurisdiction over the land involved, shall have, by resolution, declared such acquisition to be in the public interest.
(b)
Where no such planning commission legally exists, the Tennessee local government planning advisory committee shall exercise the same authority as where such municipal or regional commission otherwise legally exists.
Acts 1976, ch. 782, § 12; T.C.A., § 11-1716.
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 3 - NATURAL RESOURCES TRUST FUND (§§ 11-14-301 — 11-14-308) › Section 11-14-301 - Short title

This part shall be known and may be cited as the "Natural Resources Trust Fund Act of 1985."
Acts 1985, ch. 189, § 1.
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 3 - NATURAL RESOURCES TRUST FUND (§§ 11-14-301 — 11-14-308) › Section 11-14-302 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Mineral" means all forms of minerals including, but not limited to, oil, gas, and coal; and
(2)
"Trust fund" means the natural resources trust fund created by this part.
Acts 1985, ch. 189, § 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 3 - NATURAL RESOURCES TRUST FUND (§§ 11-14-301 — 11-14-308) › Section 11-14-303 - Purpose

(a)
The general assembly recognizes the need to protect the endowment represented by the land and minerals owned by the state.
(b)
These nonrenewable resources are held by the state in trust for the benefit of future generations.
(c)
In recognition of the responsibilities of this stewardship, the general assembly is creating the natural resources trust fund.
(d)
The purpose of the trust fund is to ensure that development of state-owned nonrenewable resources will proceed in a manner which is economically sound, and that revenues received from the disposal of those resources will be used for the long-term public interest.
Acts 1985, ch. 189, § 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 3 - NATURAL RESOURCES TRUST FUND (§§ 11-14-301 — 11-14-308) › Section 11-14-304 - Creation of trust fund

The state treasurer is authorized and directed to establish the natural resources trust fund, as a restricted account in the state treasury.
Acts 1985, ch. 189, § 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 3 - NATURAL RESOURCES TRUST FUND (§§ 11-14-301 — 11-14-308) › Section 11-14-306 - Investments - Separate account - Protection of fund

(a)
Funds in the natural resources trust fund established by this part shall be invested by the state treasurer pursuant to policy guidelines, established by resolution of the funding board, created by §
9-9-101
. The funding board shall establish the policy guidelines for investment of the natural resources trust fund in any manner which is lawful for the investment of state funds.
(b)
The state treasurer shall establish a separate natural resources trust fund account and shall annually transfer all interest and other earnings of the trust fund into the account, which shall be available for expenditure pursuant to §
11-14-307
. The state treasurer shall withhold from the interest and other income of the trust fund such an amount as is necessary to protect the trust fund from inflation based on an appropriate inflation index to be selected by the state funding board. Funds withheld to protect the trust from inflation pursuant to this subsection (b) shall become a part of the corpus of the trust fund.
Acts 1985, ch. 189, § 6.
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 3 - NATURAL RESOURCES TRUST FUND (§§ 11-14-301 — 11-14-308) › Section 11-14-307 - Use of the fund

(a)
All revenues deposited to the trust fund pursuant to §
11-14-305
, other than investment income, shall constitute the corpus of the trust fund. The corpus of the trust fund shall not be expended for any purpose.
(b)
(1)
The balance of the yearly interest and earnings of the trust fund shall be separately accounted for but may be appropriated for any of the following public purposes:
(A)
The acquisition of lands, waters, or interests in lands and waters;
(B)
Development of outdoor recreation facilities to serve the general public;
(C)
Other capital projects for the conservation of air, land and water resources;
(D)
The acquisition or preservation of historic or archaeological properties which are significant to the cultural history of the state;
(E)
Grants or other financial assistance to any county or municipal government for any of the above purposes; provided, that such county or municipal government provides an equal amount for any given project; or
(F)
Reimbursement of greenbelt rollback taxes assessed against a county or municipal government as the result of acquisition of land for a park; provided, however, that if the land is not used as a park for ten (10) years or more, the county or municipality shall repay the amount of the reimbursement to the fund.
(2)
Any unencumbered and unexpended balance of such interest and earnings remaining at the end of any fiscal year shall not revert to the general fund but shall be carried forward until expended. All grants or other financial assistance to county or municipal governments shall be subject to the approval of the commissioner of environment and conservation.
(c)
The state treasurer may deduct reasonable service charges from the interest and earnings of the trust fund pursuant to procedures established by the state treasurer and the commissioner of finance and administration.
Acts 1985, ch. 189, § 7; 1992, ch. 687, § 1; 2012, ch. 959, § 1.
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 3 - NATURAL RESOURCES TRUST FUND (§§ 11-14-301 — 11-14-308) › Section 11-14-308 - Reviewing and evaluating projects for possible funding - Development of procedures

(a)
The commissioner of environment and conservation, in consultation with the commissioner of finance and administration, shall develop procedures for the purpose of reviewing and evaluating projects for possible funding, pursuant to §
11-14-307(b)(1)
of the natural resources trust fund.
(b)
Prior to implementing the procedures, the commissioner of environment and conservation shall forward the procedures to the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate for review and comment.
(c)
Any projects recommended for funding shall be considered through the department of environment and conservation's annual budget request.
(d)
Such projects for consideration shall include grants to the municipal recreation systems organized pursuant to chapter 24 of this title, programs from county conservation boards organized pursuant to chapter 21 of this title, and joint parks and recreation systems organized pursuant to such chapters or organized pursuant to title 12, chapter 9.
Amended by 2013 Tenn. Acts, ch. 236,s 6, eff. 4/19/2013.
Acts 1990, ch. 686, § 1; 1998, ch. 605, § 3; 2012, ch. 604, § 15.