reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-106 - Information required for certificates - Plans and specifications

(a)
In order to obtain a certificate of approval and safety, the owner of each dam shall file with the commissioner, on a form to be made available by the commissioner, the following information:
(1)
The name under which the person is doing business in Tennessee;
(2)
The legal address of the person;
(3)
The location of the proposed or existing dam and reservoir;
(4)
The type, size and height of the proposed or existing dam and reservoir and appurtenant works;
(5)
The storage capacity and reservoir surface areas for normal and maximum water surface elevation;
(6)
The purpose, or purposes, for which the dam or reservoir is to be used;
(7)
In the case of an application by an owner or lessee of a dam, the names and addresses of all persons having a real property interest in such dams; and
(8)
Such other plans and detailed information as the commissioner may deem reasonable and necessary to fulfill the commissioner's responsibilities under this chapter.
(b)
Plans and specifications submitted to the commissioner for construction, enlargement, alteration, repair or removal of dams and reservoirs shall be in the charge of and signed by an engineer, licensed by this state and experienced in the design and construction of dams, as determined by the commissioner.
(c)
The commissioner, however, shall not require detailed plans to accompany applications for the certificate of approval for any dams, the plans for which have been approved by any agency of the United States and fifty percent (50%) or more of the cost of which is being borne by an agency of the United States, nor shall the commissioner impose any conditions in the certificate of approval relating to modification of the design of such dams.
Acts 1973, ch. 182, §§ 4, 15; T.C.A., § 70-2506; T.C.A. § 69-12-106.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-107 - Multiple owners

Nothing in this chapter shall be construed to require multiple applications for certificates of approval by each owner of a dam where there are multiple owners of the dam, if all owners are listed in the application filed by any one (1) of them.
Acts 1973, ch. 182, § 4; T.C.A., § 70-2507; T.C.A. § 69-12-107.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-108 - Change in ownership

Whenever legal title to a dam, for which a certificate of approval has been issued, is modified to create real property interests, including leasehold interests, in persons not listed on the application for the certificate, the owner of the dam shall make application for a new certificate within ninety (90) days of the date the interests are created.
Acts 1973, ch. 182, § 4; T.C.A., § 70-2509; T.C.A. § 69-12-108.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-109 - Failure to apply - Notice

The commissioner shall give notice to file to owners who have failed to make application as required by §§
69-11-105
- 69-11-109, and failure to so file within thirty (30) days after such notice has been given shall be a violation of this chapter.
Acts 1973, ch. 182, § 4; T.C.A., § 70-2510; T.C.A. § 69-12-109.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-110 - Examination of applications - Inspection

(a)
The commissioner shall examine the applications for a certificate of approval and cause an on-the-ground inspection to be made of the existing or proposed dam or reservoir and downstream floodplain. The commissioner shall then, within sixty (60) days of the receipt of the completed application for a certificate of approval, either grant the certificate or disapprove it in writing, stating the reasons for disapproval.
(b)
In the case of an existing dam or reservoir, the commissioner may utilize the results and information provided by any inspection made by or for the United States army corps of engineers pursuant to Public Law 92-367(
33 U.S.C. §§ 467-467e
), if the information is not more than one (1) year old at the time of use.
Acts 1973, ch. 182, § 5; T.C.A., § 70-2511; Acts 1984, ch. 805, § 4; T.C.A. § 69-12-110.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-111 - Conditions for granting certificate

In deciding whether or not to grant a certificate of approval, the commissioner shall take into account all pertinent facts, data, and conditions relative to the proposed action, but shall not grant any certificate unless the following conditions have been met:
(1)
The commissioner determines that the proposed action will be conducted in such a way that the safety of the public is adequately provided for;
(2)
All information requested by the commissioner relative to the proposed action has been provided; and
(3)
All fees required by this chapter have been paid.
Acts 1973, ch. 182, § 5; T.C.A., § 70-2512; T.C.A. § 69-12-111.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-112 - Imposition of additional conditions - Hazard categories

(a)
In granting a certificate of approval, the commissioner may impose such conditions relating to the inspection, operation, maintenance, alteration, repair, use, or control of a dam or reservoir as the commissioner determines are necessary for the protection of public health, safety or welfare.
(b)
The commissioner may establish hazard categories for dams based on downstream floodplain use, size or type of dam, or other criteria, and may impose different conditions or types of conditions on the approval of dams or reservoirs in the different categories.
Acts 1973, ch. 182, § 5; T.C.A., § 70-2513; T.C.A. § 69-12-112.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-113 - Duration of certificates

Certificates of approval shall be for a definite period of time, not to exceed five (5) years, as determined by the commissioner and stated on the certificate. In determining the period of approval, the commissioner may take account of any circumstances pertinent to the situation, including, but not limited to, the size and type of dam, topography, geology, soil conditions, hydrology, climate, use of the reservoir and the lands lying in the floodplain downstream from the dam, and the hazard category of the dam.
Acts 1973, ch. 182, § 5; T.C.A., § 70-2514; T.C.A. § 69-12-113.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-114 - Modification of certificates

The commissioner may modify a certificate of approval or the conditions attached to it. Such modification shall become effective ninety (90) days following issuance by the commissioner of a revised certificate, except when the commissioner finds that a state of emergency exists, and that life or property would be endangered by delay. In case of an emergency declared by the commissioner, the new conditions shall be effective immediately.
Acts 1973, ch. 182, § 5; T.C.A., § 70-2515; T.C.A. § 69-12-114.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-115 - Inspections

The public safety and welfare requiring it, the commissioner shall conduct a program of regular inspections of dams, reservoirs, and downstream floodplains within the state. The frequency of such inspections shall be as determined by the commissioner, who may establish different inspection intervals for dams based on their hazard categories.
Acts 1973, ch. 182, § 6; T.C.A., § 70-2516; Acts 1984, ch. 805, § 5; T.C.A. § 69-12-115.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-116 - Fees

(a)
(1)
The commissioner shall establish reasonable fees for the following:
(A)
The review of plans and examinations of all applications for certificates of approval for new dam and reservoir construction. A schedule for project review fees not to exceed the amount stated in §
68-203-103(h)
shall be established by the commissioner and adopted as rules and regulations under §
69-11-104(a)(3)
. In establishing the fee schedule, the commissioner shall consider the height of the dam, the size of the reservoir, and the downstream hazard category. The total project review fee for a proposed dam shall not exceed one percent (1%) of the total estimated cost of the dam, as determined by the owner and approved by the commissioner.
(B)
The conducting of safety inspections of existing dams, reservoirs, and downstream floodplains. A schedule of safety inspection fees not to exceed the amount stated in §
68-203-103(h)
shall be established by the commissioner and adopted as rules and regulations under §
69-11-104(a)(3)
. In establishing the fee schedule for safety inspections of existing dams, reservoirs, and downstream floodplains, the commissioner shall consider the height and size of the dam and reservoir and the established hazard category. The total fee payable for the safety inspection of any existing single dam during any calendar year shall not exceed the amount stated in §
68-203-103(h)
, irrespective of the number of inspections made of such dam during any calendar year.
(2)
Notwithstanding any law to the contrary, no fee shall be imposed for safety inspection of existing dams, reservoirs, and downstream floodplains constructed, operated, or maintained by a watershed district pursuant to chapter 6 of this title.
(b)
All fees collected under this chapter shall be placed in a special account in the environmental protection fund created by §
68-203-101
and earmarked, allocated, and appropriated to the division of water supply of the department of environment and conservation for the purpose of complying with this chapter. Any unexpended balance of the special account together with any interest earned on the balance in any fiscal year shall not revert to the general fund, but shall remain in the special account and continue to be available for the activities of the division under this chapter.
(c)
The fees described in this section are not refundable.
Acts 1973, ch. 182, § 7; T.C.A., § 70-2517; Acts 1984, ch. 805, § 6; 1987, ch. 93, §1; T.C.A. §69-12-116; Acts 2007 , ch. 362, §§ 41, 42.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-118 - Hearings before commissioner

(a)
Except as provided in §
69-11-117
regarding emergency situations, any person aggrieved by any order, determination, regulation, or ruling of the commissioner may, within sixty (60) days of the effective date of such order, determination, regulation, or ruling, make application to the commissioner for a hearing on the grievance.
(b)
Any hearing or rehearing under this chapter shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
A verbatim record of the proceedings of such hearings shall be taken. The transcript so recorded shall be made available to the petitioner or any party to a hearing upon payment of a charge set by the commissioner to cover the costs of preparation.
(d)
In connection with the hearing, the commissioner shall issue subpoenas in response to any reasonable request by any party to the hearing requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. The commissioner may administer oaths and examine witnesses. Witnesses shall be reimbursed for all travel and other necessary expenses, which shall be claimed and paid in accordance with the prevailing travel regulations of the state. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the chancery court of Davidson County or the chancery court of the county in which the hearing is conducted shall have jurisdiction, upon application of the commissioner, to issue an order requiring such person to appear and testify or produce evidence as the case may require, and any failure to obey such order of the court may be punished by such court as contempt.
(e)
On the basis of the evidence produced at the hearing, the commissioner shall make findings of fact and conclusions of law and enter such decisions and orders as in the commissioner's opinion will best further the purposes of this chapter, and shall give written notice of such decisions and orders to the petitioner. The decision issued under this subsection (e) shall be issued no later than thirty (30) days following the close of the hearing by the commissioner.
(f)
The decision of the commissioner shall become final and binding on all parties subject to judicial review as provided in §
4-5-322
.
Acts 1973, ch. 182, § 10; T.C.A., § 70-2523; Acts 1984, ch. 805, § 7; 1985, ch. 408, § 1; T.C.A. § 69-12-118.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-120 - Injunctions

(a)
When there is reason to believe that a person is violating, is about to violate, or has violated any of this chapter or any certificates or orders issued under this chapter, the commissioner may institute proceedings in the chancery court of Davidson County or the county in which the alleged violation occurred for injunctive relief to prevent continuance of such action or to correct the conditions resulting in or about to result from the violation, or both. The court shall grant the injunction without the necessity of showing a lack of adequate remedy at law upon a showing by the commissioner that such person is violating, is about to violate, or has violated one (1) or more of the provisions of this chapter. In such suits, the commissioner may obtain permanent or temporary injunctions, prohibitory or mandatory, and restraining orders.
(b)
The commissioner may bring suit for injunctive enforcement of any order made by the commissioner when such order has become final and such person has failed to comply with the order. In such suits, all findings of fact contained in the order and complaint shall be deemed to be final, and not subject to review except as to receipt of notice of the order, but the defendant may proffer evidence showing that the defendant has in fact complied with the commissioner's order. The order made by the commissioner in such cases shall be prima facie reasonable and valid, and it shall be presumed that the commissioner has complied with all requirements of the law.
(c)
Any suit for an injunction brought by the commissioner shall be filed in the chancery court of Davidson County or the county in which all or a part of the violation is or is about to occur, in the name of the department, by the district attorney general at the direction of the commissioner and under the supervision of the attorney general and reporter. Such proceedings shall not be tried by jury.
(d)
Appeals from judgments or decrees of the chancery court in proceedings brought under this chapter shall lie to the court of appeals despite the fact that controverted questions of fact may be involved.
Acts 1973, ch. 1982, § 13; T.C.A., § 70-2525; Acts 1984, ch. 805, § 9; 1989, ch. 147, § 11; T.C.A. § 69-12-120.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-121 - Civil penalties and damages

(a)
Any person who violates or fails to comply with any provision of this chapter, any order of the commissioner issued pursuant to this chapter or any rule, regulation, or standard adopted pursuant to this chapter shall be subject to a civil penalty of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per day for each day of violation. Each day such violation continues shall constitute a separate violation. In addition, such person shall also be liable for any damages to the state resulting from the violation, without regard to whether any civil penalty is assessed.
(b)
Any civil penalty or damages shall be assessed in the following manner:
(1)
The commissioner may issue an assessment against any person responsible for the violation or damages;
(2)
Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections and asking for a hearing in the matter involved. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final;
(3)
Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment.
(c)
The commissioner, through the attorney general and reporter, may initiate 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 violations occurred, in the name of the department.
(d)
In assessing a civil penalty, the following factors may be considered:
(1)
The harm done or potential for harm to the public safety or the environment;
(2)
Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
(3)
The economic benefit gained by the violator as a result of the violation;
(4)
The amount of effort put forth by the violator to remedy this violation; or
(5)
Any unusual or extraordinary enforcement costs incurred by the commissioner.
Acts 1973, ch. 182, § 12; T.C.A., § 70-2526; Acts 1984, ch. 805, § 10; T.C.A. § 69-12-121.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-122 - Actions for civil penalties or injunctions

It is the duty of the district attorneys general in the various districts throughout the state, or the attorney general and reporter, upon the request of the commissioner, to bring an action for the recovery of the penalties provided for in §
69-11-121
and to bring an action for a restraining order, temporary or permanent injunction, against any person violating or threatening to violate any of the provisions of this chapter or violating or threatening to violate any order or determination promulgated pursuant to this chapter.
Acts 1973, ch. 182, § 12; T.C.A., § 70-2527; T.C.A. § 69-12-122.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-123 - Criminal penalties

Any person who willfully and knowingly falsifies any records, information, plans, specifications, or other data required by the commissioner or who willfully fails, neglects, or refuses to comply with any of the provisions of this chapter commits a Class C misdemeanor. No process by warrant, presentment or indictment shall be issued except upon application of the commissioner or such application for process authorized by the commissioner.
Acts 1973, ch. 182, § 12; T.C.A., § 70-2528; Acts 1989, ch. 591, § 113; T.C.A. § 69-12-123.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-124 - Duties and liabilities of owners - Right of action against owners - Duties and liabilities of state counties or cities

(a)
Nothing in this chapter shall be construed to relieve the owner or owners of a dam or reservoir of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam or reservoir.
(b)
Nothing in this chapter shall abrogate the right of any person who is materially or personally damaged or injured by the operation of a dam or reservoir to seek remedies against the responsible person in the courts.
(c)
Nothing in this chapter shall be construed to impose legal duties, obligations or liabilities incident to the ownership or operation of a dam upon the state, a county or city that maintains a roadway upon a dam if the state, such county or city did not construct the dam. The repair and maintenance of such roadway shall be the sole responsibility of the state or the county or city constructing the roadway.
Acts 1973, ch. 182, §§ 12, 16; T.C.A., § 70-2529; Acts 1991, ch. 260, § 1; T.C.A. § 69-12-124.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 11 - DAMS (§§ 69-11-101 — 69-11-127) › Section 69-11-125 - Local regulation restricted

(a)
Except as provided in subsection (b), no municipality, county, nor any group of counties, or other person, shall regulate, supervise, or provide for the regulation or supervision of any dams or reservoirs within their jurisdictions, including the construction, maintenance, operation, removal, or abandonment of dams or reservoirs, nor to limit the size of a dam or reservoir or the amount of water that may be stored in dams or reservoirs, where the exercise of such authority would conflict with the powers and authority vested in the commissioner by this chapter.
(b)
Home rule municipalities in counties with a population of over six hundred thousand (600,000) according to the 1970 federal census, or any subsequent federal census, may exercise an option by ordinance to adopt regulations governing, supervising or otherwise controlling such dams and reservoirs within the city or county within a period of one (1) year from April 1, 1974, or in the case of local governments created after July 1, 1974, within one (1) year following the creation of such government, which shall be consistent with these regulations but may be more restrictive and require municipal approval of such plans and specifications.
(c)
If, at any time, the commissioner determines that the political subdivision's regulations or their enforcement are inconsistent or less stringent than state requirements, the commissioner shall require the political subdivision to comply with state regulations.
Acts 1973, ch. 182, § 14; 1974, ch. 674, § 1; T.C.A., § 70-2530; Acts 1984, ch. 805, § 11; T.C.A. § 69-12-125.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 1 - GENERAL PROVISIONS (§§ 70-1-101 — 70-1-105) › Section 70-1-102 - Fees and penalties set by law

Fees and penalties imposed pursuant to this title shall be established exclusively by law, and nothing in this title shall be construed as authorizing establishment of fees and penalties by rule or regulation.
Acts 1978, ch. 587, § 1; T.C.A., § 51-140.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 1 - GENERAL PROVISIONS (§§ 70-1-101 — 70-1-105) › Section 70-1-103 - Assaulting or interfering with agency employee - Penalty

(a)
It is unlawful to assault, resist, oppose, impede, intimidate, or interfere with any employee of the wildlife resources agency while the employee is engaged in the lawful performance of the employee's official duties.
(b)
Any person violating this section commits a Class A misdemeanor.
Acts 1979, ch. 38, § 1; T.C.A., § 51-141; Acts 1989, ch. 591, §§ 1, 6.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 1 - GENERAL PROVISIONS (§§ 70-1-101 — 70-1-105) › Section 70-1-104 - Accessory to violation of wildlife laws and regulations punishable as principal

Whoever aids, abets, counsels, commands, induces, or procures the commission of a violation of this title or title 69, chapter 9, and proclamations and rules and regulations promulgated by the fish and wildlife commission, is punishable as a principal.
Acts 1982, ch. 808, § 1; T.C.A., § 51-143; Acts 2012, ch. 993, § 12.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 1 - GENERAL PROVISIONS (§§ 70-1-101 — 70-1-105) › Section 70-1-105 - Notification of potential water quality violation regarding agricultural property

If the agency receives a complaint or otherwise becomes aware of a potential water quality violation regarding property used in agriculture, as defined by §
1-3-105
, the agency must notify both the department of environment and conservation and the department of agriculture, as soon as practicable, pursuant to §
69-3-115(d)
.
Added by 2017 Tenn. Acts, ch. 148,s 1, eff. 4/17/2017.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 2 - TENNESSEE FISH AND WILDLIFE COMMISSION (§§ 70-1-201 — 70-1-208) › Section 70-1-202 - Compensation of members - Travel expenses

(a)
The members of the commission shall receive no compensation for their services as members of such commission, except that they shall be paid their actual and necessary traveling expenses for six (6) regular meetings each year and not more than six (6) called meetings during any one (1) year. They shall also be paid their actual and necessary travel expenses for attending to other commission business approved by the chair.
(b)
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 2012, ch. 993, § 1.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 2 - TENNESSEE FISH AND WILDLIFE COMMISSION (§§ 70-1-201 — 70-1-208) › Section 70-1-203 - Officers - Meetings - Ex officio members

(a)
The commission shall elect a chair, a vice chair and a secretary. The secretary may or may not be a member of the commission. These officers shall be elected for a period of one (1) year. After organization, the commission shall hold six (6) regular meetings and may hold as many as six (6) special meetings in any one (1) year at such times and places as the commission shall elect, for which their expenses shall be paid as provided in §
70-1-202
.
(b)
Seven (7) members of the commission shall constitute a quorum.
(c)
The governor, the commissioner of environment and conservation and the commissioner of agriculture, or their designees, shall serve as ex officio, nonvoting members of the commission and shall not be included in calculation of a quorum.
Acts 2012, ch. 993, § 1.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 2 - TENNESSEE FISH AND WILDLIFE COMMISSION (§§ 70-1-201 — 70-1-208) › Section 70-1-204 - Appointments to commission

(a)
Appointments to be made by the governor shall be made from districts of the grand divisions of the state in which the vacancy occurred, and the boundaries of the nine (9) districts shall remain the same as the boundaries that were in effect on February 9, 1959.
(b)
Appointments to be made by the speaker of the senate and speaker of the house of representatives shall be made from the grand divisions of this state as described in title 4, chapter 1, part 2. No more than one (1) member appointed by the speaker of the senate shall be from the same grand division. No more than one (1) member appointed by the speaker of the house shall be from the same grand division. The speakers shall strive to ensure each grand division is represented in their appointments. No more than one (1) speaker appointed member shall be from any one (1) county.
(c)
All appointments shall be made from persons having or possessing the qualifications specified by §
70-1-201
, which qualifications shall be determined by consultation with known and recognized leaders in the field of conservation in this state. At least one (1) person shall have or possess the qualifications specified by §
67-6-207(e)
, which qualifications shall be determined by consultation with known and recognized leaders in the field of agriculture in this state. The governor shall strive to ensure that the concerns of the typical hunter and angler are represented in appointments made to the commission.
Acts 2012, ch. 993, § 1.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 2 - TENNESSEE FISH AND WILDLIFE COMMISSION (§§ 70-1-201 — 70-1-208) › Section 70-1-205 - Removal of commission members

(a)
The governor may remove a governor-appointed commission member for inefficiency, neglect of duty, or misconduct in office, after first delivering to the commission member a copy of the charges and affording the commission member an opportunity of being publicly heard in person or by counsel to defend against the charges, upon not less than ten (10) business days' notice.
(b)
If such commission member is removed, the governor shall file in the office of the secretary of state a complete statement of all charges made against the commission member and the governor's findings on the charges, together with a complete record of the proceedings.
(c)
The governor shall fill vacancies caused by removal in accordance with §
70-1-201(c)(5)
.
(d)
Any member of the commission who misses four (4) regular or special meetings of the commission during any year of the commission member's term of office ipso facto vacates the member's office as a member of the commission. Such vacancies shall be filled in accordance with §
70-1-201(c)(5)
. This subsection (d) shall not apply to ex officio members.
Acts 2012, ch. 993, § 1.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 2 - TENNESSEE FISH AND WILDLIFE COMMISSION (§§ 70-1-201 — 70-1-208) › Section 70-1-207 - Corporate sponsorship on motor vehicles and vessels

(a)
The fish and wildlife commission is authorized to develop rules and regulations for corporate sponsorship on appropriate agency motor vehicles and vessels; provided, however, that no corporate sponsorship shall be placed on agency law enforcement motor vehicles or vessels. Such rules and regulations may include, but are not limited to, signage placement, safety concerns and prohibited practices.
(b)
Such commercial sponsorship shall not include, identify or promote:
(1)
Alcohol or tobacco products;
(2)
Adult-oriented establishments, as defined in §
7-51-1102
or §
7-51-1401
;
(3)
Political candidacies, political issue advocacy, or political campaign advertising, as prohibited in §
2-19-144
; or
(4)
Any unlawful conduct or activities.
(c)
The department shall prefer sponsorship by organizations that are wildlife or boating related.
(d)
(1)
The sponsorship message shall include only the name or logo of the sponsor or both.
(2)
The sponsorship message may only be located on the back of the vehicle or vessel.
(3)
The logo of the sponsor shall not exceed four hundred square inches (400 sq. in.) in size, and the lettering identifying the sponsor shall not exceed eight inches (8") in height.
Acts 2012, ch. 993, § 1.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 2 - TENNESSEE FISH AND WILDLIFE COMMISSION (§§ 70-1-201 — 70-1-208) › Section 70-1-208 - Fish and wildlife commission successor to wildlife resources commission

The fish and wildlife commission created by this part is the successor to the wildlife resources commission. All rules, procedures, records, reports, functions and duties carried out by the prior commission are hereby transferred to the successor entity.
Acts 2012, ch. 993, § 1.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 3 - WILDLIFE RESOURCES AGENCY (§§ 70-1-NEW — 70-1-311) › Section 70-1-NEW - [Newly enacted section not yet numbered]

(a)
If the wildlife resources agency contracts with a farmer to farm lands owned or under the control of this state under§ 70-1-302(a)(6) or another law, not less than sixty (60) days before the expiration of the contract, the agency shall offer the farmer the opportunity to renegotiate the contract with the agency prior to accepting requests for proposals for the contract.
(b)
If the farmer and the agency agree to renew the contract, then the farmer may renew the contract for an additional three (3) five-year terms if the farmer and agency are able to agree to terms during each renewal period; provided, that, if the farmer has been under contract with the agency for twenty (20) or more consecutive years, upon the expiration of the next term of the contract, the farmer is not entitled to renegotiate the contract with the agency prior to the agency accepting requests for proposals for the contract.
(c)
Subsection (b) does not prohibit a farmer from bidding on a contract after being under contract with the agency for twenty (20) or more consecutive years.
Added by 2024 Tenn. Acts, ch. 765,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 3 - WILDLIFE RESOURCES AGENCY (§§ 70-1-NEW — 70-1-311) › Section 70-1-301 - Creation - Statement of policy

(a)
There is hereby created a wildlife resources agency, which shall have full and exclusive jurisdiction of the duties and functions relating to wildlife formerly held by the game and fish commission or of any other law relating to the management, protection, propagation, and conservation of wildlife, including hunting and fishing, except those powers and duties conferred upon the fish and wildlife commission as provided in §
70-1-206
.
(b)
It is the policy of the state that the agency shall be nonpartisan and shall place first and foremost the welfare of the wildlife and its environment in the agency's planning and decisions, and to encourage, by every appropriate means, the full development of the state's natural resources to the benefit of all of the citizens of Tennessee, including, but not limited to, the creation of a comprehensive long-range management plan to integrate the wildlife resource agency's efforts and to implement and encourage full utilization of Tennessee's wildlife resources consistent with realistic conservation principles.
(c)
It is the policy of the state that the agency shall support and promote hunting, angling, and trapping, including the management of predators through hunting and trapping, as preferred methods of wildlife management and conservation.
Amended by 2024 Tenn. Acts, ch. 626,s 3, eff. 7/1/2024.
Acts 1974, ch. 481, §§ 2, 4; 1975, ch. 40, § 1; T.C.A., § 51-123; Acts 2012 , ch. 993, § 13.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 3 - WILDLIFE RESOURCES AGENCY (§§ 70-1-NEW — 70-1-311) › Section 70-1-303 - Executive director - Appointment - Qualifications - Salary

(a)
The office of executive director of the wildlife resources agency is hereby created. The executive director shall be appointed by the fish and wildlife commission and shall serve at the pleasure of the commission. In the selection of an executive director, preference should be given to candidates with a bachelor of science degree in wildlife management or a related field and who are familiar with wildlife management practices and the administration of wildlife programs.
(b)
The salary of the executive director shall be determined by the fish and wildlife commission. The salary of the executive director, once hired, shall not be reduced during that officer's tenure as executive director and shall not exceed the salary received by the commissioner of environment and conservation. 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 1974, ch. 481, § 6; 1976, ch. 806, § 1(83); 1978, ch. 509, § 1; 1980, ch. 632, § 1; T.C.A., § 51-125; Acts 2012, ch. 993, § 13.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 3 - WILDLIFE RESOURCES AGENCY (§§ 70-1-NEW — 70-1-311) › Section 70-1-304 - Duties of executive director

The executive director shall:
(1)
Be the head of the wildlife resources agency under the direction and supervision of the commission and shall have exclusive supervisory control of the agency;
(2)
Serve as recording secretary for the commission and shall be custodian of all minutes and all records of the commission;
(3)
At the proper time or times publish, in accordance with the rules, regulations, policies and procedures of the state publications committee, the wildlife resources laws in pamphlet form, preferably in size convenient for the pocket, for general distribution and information; and
(4)
Perform such other duties as may be prescribed by the commission or by law, but shall have no authority to make rules or regulations other than those governing the conduct of the employees of the wildlife resources agency.
Acts 1974, ch. 481, §§ 7, 14; T.C.A., §§ 51-126, 51-133; Acts 1990, ch. 1024, § 35.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 3 - WILDLIFE RESOURCES AGENCY (§§ 70-1-NEW — 70-1-311) › Section 70-1-306 - Purchases and expenditures - Budget - Employment and compensation of personnel

(a)
The expenses incurred by the agency for any purpose or in consequence of this chapter shall be limited to the amount of money in the wildlife resources fund. In no event shall the state pay or be liable, in any manner, for the expenses of the agency, except to the extent of the wildlife resources fund, and the commissioner of finance and administration shall not issue any voucher or warrant for any services or expenses of any kind unless a sufficient amount remains to the credit of the wildlife resources fund.
(b)
Expenditures from the wildlife resources fund for the purchase of real property shall be made in the name of the state for the use and benefit of the wildlife resources agency and expenditures made for the purchase of personal property shall be made in the name of the wildlife resources agency. Upon disposal by sale of any property, both real and personal, proceeds derived from the sale shall be deposited in the wildlife resources fund.
(c)
The fish and wildlife commission shall approve the budget, including any amendments to the budget, for the administration of this title for each fiscal year.
(d)
All funds to the credit of the agency shall be drawn by the executive director of the wildlife resources agency by warrant upon the department of finance and administration and such warrant shall have attached to the warrant or contained in the warrant an itemized statement as to what the warrant covers.
(e)
All purchases and expenditures are subject to titles 9 and 12.
(f)
The agency shall not contract any indebtedness or obligations beyond the funds available to its use.
(g)
The executive director is further granted the power and authority to fix the compensation of all employees under the executive director's jurisdiction, and is authorized to hire and dismiss such personnel as the executive director deems necessary to carry out this title, subject to the approval of the department of human resources.
(h)
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.
(i)
When conducting sales of timber harvested from agency property, the agency shall comply with all processes followed by the department of agriculture, division of forestry for those sales.
Amended by 2022 Tenn. Acts, ch. 798, s 1, eff. 7/1/2022.
Acts 1974, ch. 481, §§ 10, 12; 1976, ch. 806, § 1(83); T.C.A., §§ 51-129, 51-131; Acts 2012 , ch. 993, § 13.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 3 - WILDLIFE RESOURCES AGENCY (§§ 70-1-NEW — 70-1-311) › Section 70-1-307 - Annual financial report

(a)
It is the duty of the executive director, on or before September 15 of each year, to prepare and present to the governor and each member of the fish and wildlife commission an annual report showing what has been expended by the agency during the year immediately preceding, the amount of moneys received and from what source and the amount expended and for what purposes.
(b)
The governor shall present copies of such reports as the governor may deem necessary to the next convening general assembly.
Acts 1974, ch. 481, § 13; T.C.A., § 51-132; Acts 2012, ch. 993, § 13.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 3 - WILDLIFE RESOURCES AGENCY (§§ 70-1-NEW — 70-1-311) › Section 70-1-308 - Political activity prohibited - Carrying of firearms authorized - Retention by retired personnel

(a)
No employee or officer of the agency shall take any active part in political management or in political campaigns, nor shall such employee or officer use official authority or influence for the purpose of interfering with an election or affecting the results of an election, or for the purpose of coercing the political action of any person or body.
(b)
It is lawful for the commissioned personnel of the wildlife resources agency, regularly employed by the agency, acting through its executive director, to wear or carry pistols or other firearms.
(c)
After twenty-five (25) years of honorable service by a commissioned employee, the wildlife resources agency shall authorize the employee, upon retirement, to retain such employee's service weapon in recognition of the employee's many years of good and faithful service. A commissioned employee who retires on disability retirement also may be authorized to retain that employee's service weapon.
Acts 1949, ch. 50, § 9; C. Supp. 1950, § 5178.8 (Williams, § 5120.27); Acts 1974, ch. 481, §§ 11, 21; Acts 1980, ch. 634, § 1; T.C.A. (orig. ed.), §§ 51-112, 51-130, 51-142.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 3 - WILDLIFE RESOURCES AGENCY (§§ 70-1-NEW — 70-1-311) › Section 70-1-309 - Salary administration plan

(a)
The department of human resources and the Tennessee wildlife resources agency shall develop a salary administration plan for the agency's officers, biologists, and other positions unique to the agency. Notwithstanding any other law to the contrary, upon approval of the commissioners of finance and administration and human resources and the director of the Tennessee wildlife resources agency, such salary administration plan shall be implemented during the 1996-1997 fiscal year. Implementation of salary increases pursuant to such salary administration plan shall be suspended for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2009, and ending June 30, 2010. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the salary administration plan shall not include time of service between July 1, 2003, and June 30, 2004, nor between July 1, 2009, and June 30, 2010.
(b)
The salary increase provided by this section and suspended by subsection (a) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification pursuant to this section, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included.
Amended by 2017 Tenn. Acts, ch. 461,s 10, eff. 7/1/2017.
Acts 1996, ch. 917, § 1; 2003, ch. 355, § 50; 2009, ch. 531, § 29.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 3 - WILDLIFE RESOURCES AGENCY (§§ 70-1-NEW — 70-1-311) › Section 70-1-310 - Submission of fine in lieu of court appearance - Arrest or judgment of forfeiture possible

(a)
Whenever a person is issued a citation pursuant to §
40-7-118
for a misdemeanor violation of any provision of this title, title 69, chapter 9, or for any offense for which an arrest is authorized pursuant to this title, prior to the time set for the person to appear in court to answer the charge, the person cited may, in lieu of appearance in court, submit the fine and costs to the clerk of the court. The submission to fine must be with the approval of the court that has jurisdiction of such offense within the county in which the offense charged is alleged to have been committed. The submission to fine shall not otherwise be exclusive of any other method or procedure prescribed by law for disposition of a citation.
(b)
If the person cited has not paid the citation upon submission to fine as provided in subsection (a) and the person cited fails to appear in court at the time specified, or such later date as may be fixed by the court, the court may issue a warrant for such person's arrest or may declare a judgment of forfeiture of the offense charged. The judgment of forfeiture shall in no case be more than the total amount of fine and costs prescribed by law for the offense and may be collected in the manner provided in §
40-24-105
.
(c)
This section shall not be applicable to any person arrested for a violation of any provision of this title, title 69, chapter 9, or any offense for which an arrest is authorized pursuant to this title, which is punishable by a fine of more than fifty dollars ($50.00) or by imprisonment for more than thirty (30) days. This section shall not supersede §
40-7-118
, nor shall they require the use of a citation in lieu of continued custody of an arrested person in any of the circumstances specified in §
40-7-118(d)
.
Acts 2001, ch. 249, § 4.
2023 Tennessee Code › Title 70 - WILDLIFE RESOURCES (§§ 70-1-101 — 70-9-107) › Chapter 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 70-1-101 — 70-1-506) › Part 3 - WILDLIFE RESOURCES AGENCY (§§ 70-1-NEW — 70-1-311) › Section 70-1-311 - Qualifications for position of wildlife officer

For purposes of qualifying for the position of wildlife officer with the wildlife resources agency, at least ten (10) years of full-time work experience in wildlife or fisheries management, wildlife biology, or other related work experience in this state or another state may be credited as equivalent to a bachelor's degree from an accredited college or university in wildlife or fisheries management, wildlife biology, or other related acceptable field. This section shall apply to any person who submitted an application for the position of wildlife officer prior to, or on or after, May 20, 2016.
Added by 2016 Tenn. Acts, ch. 1084,s 1, eff. 5/20/2016.