reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 1 - DEPARTMENT OF ENVIRONMENT AND CONSERVATION (§§ 11-1-101 — 11-1-118) › Section 11-1-109 - Violation of rules and regulations punishable as misdemeanor

(a)
Any violation of rules and regulations for the care and management of such properties as may be made under the authority of §
11-1-108
is a Class C misdemeanor.
(b)
In addition to the criminal penalty in subsection (a), the general assembly finds that it is appropriate that there be civil sanctions as well. Any person who does 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 state park;
(2)
The intentional removal or destruction in state parks of any rare, threatened or endangered species of plants as provided in §§
70-8-304(2)
and
70-8-305
, and in all rules and regulations promulgated pursuant to those sections; or
(3)
Any other violation of this part or the rules promulgated under this part.
(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. In any such action, the commissioner may also recover, in addition to the civil penalty assessed under subsections (b) and (d), for any damages to the state parks that were the result of the activity.
(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 state park, 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.
(e)
Any civil penalties paid to the state pursuant to this section shall be deposited in the state park fund created by §
11-3-302
.
(f)
No provision of this section shall be construed to restrict the state from recovering civil damages to state property as provided by law.
Acts 1925, ch. 55, § 5; Shan. Supp., § 3047a5; Code 1932, §5200; T.C.A. (orig. ed.), § 11-109; Acts 1989, ch. 591, §113; 2007 , ch. 486, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 1 - DEPARTMENT OF ENVIRONMENT AND CONSERVATION (§§ 11-1-101 — 11-1-118) › Section 11-1-110 - Division of educational service - Director

(a)
There is hereby created in the department of environment and conservation a division to be known as the "division of educational service."
(b)
The head of the division shall be a director appointed by the commissioner of environment and conservation.
(c)
It is the duty of the division to promote education in regard to all conservation matters and to assist the various departments, divisions, and agencies with educational programs concerning conservation as may be deemed appropriate.
(d)
The director shall perform such other duties and functions as may be directed by the commissioner.
Acts 1957, ch. 314, § 1; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A., § 11-110.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 1 - DEPARTMENT OF ENVIRONMENT AND CONSERVATION (§§ 11-1-101 — 11-1-118) › Section 11-1-111 - Use of central office appropriations for division of educational service

The commissioner of environment and conservation is hereby authorized and empowered to use such part of the commissioner's appropriation for the commissioner's central office as the commissioner may deem appropriate in connection with the division of educational service.
Acts 1957, ch. 314, § 2; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A., § 11-111.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 1 - DEPARTMENT OF ENVIRONMENT AND CONSERVATION (§§ 11-1-101 — 11-1-118) › Section 11-1-112 - Park facilities - Powers and duties of commissioner

In order to provide park facilities for the department and to enable the construction and financing thereof on lands owned by the state or by an industrial development corporation which has been created under title 7, chapter 53, but for no other purpose unless authorized by law, the commissioner, with the approval of the state building commission, in the name of the state of Tennessee, has the following powers and duties:
(1)
Without limitation by reason of any other law, the power to sell and convey title to an industrial development corporation any land and any existing buildings or facilities thereon owned by the department for such consideration upon such terms and conditions as in the judgment of the commissioner and the state building commission are in the best interest of the state;
(2)
Without limitation by reason of any other law, the power to lease to an industrial development corporation for a term or terms, not exceeding fifty (50) years each, any land and existing buildings or facilities thereon owned by the department upon such terms and conditions as in the judgment of the commissioner and the state building commission are in the best interest of the state;
(3)
The power to lease or purchase from an industrial development corporation and to make available for public use any park facility erected upon land conveyed or leased to an industrial development corporation or upon any of the land owned by an industrial development corporation upon such terms, conditions and rentals or deferred payment obligations as in the judgment of the commissioner and the state building commission are in the best interest of the state;
(4)
The power to pledge and assign all or any part of the revenues derived from the operation of such park facility as security for the payment of the rentals or deferred payment obligations due and to become due under any lease or purchase under subdivision (3), and to covenant in any such lease or purchase agreement with respect to future pledges or assignments of such revenues; and
(5)
The power to covenant and agree in any lease or purchase made under subdivision (3) to:
(A)
Impose fees, rentals or other charges for the use or occupancy or other operation of such park facility in an amount calculated to produce revenues sufficient to pay the rentals or obligations due and to become due under such lease or purchase; and
(B)
Properly account for, secure, and disburse such fees, rentals and charges.
Acts 1974, ch. 775, § 2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A., § 11-112.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 1 - DEPARTMENT OF ENVIRONMENT AND CONSERVATION (§§ 11-1-101 — 11-1-118) › Section 11-1-113 - Grants for utility systems - "Utility system" defined

(a)
Subject to the approval of the state building commission, the commissioner of environment and conservation is hereby authorized to make grants, as funds are available, to any municipality, county, town or city, utility district, public utility, or any authority, corporation, association or other organization which provides utility services, in order to assist in providing utility service to any state park, forest, or any unit of the Tennessee outdoor recreation area system authorized by §
11-3-103
. Such grant shall be for construction purposes only, and shall be directly proportional to the benefits accruing to the state facility by the utility system.
(b)
"Utility system" includes water, sewerage, electric and solid waste.
Acts 1974, ch. 445, § 1; T.C.A., § 11-113; Acts 1986, ch. 912, § 3.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 1 - DEPARTMENT OF ENVIRONMENT AND CONSERVATION (§§ 11-1-101 — 11-1-118) › Section 11-1-114 - Use of privately owned land for recreational purposes - Acquisition of adjacent lands

(a)
The commissioner of environment and conservation has the authority to enter into agreements with any not-for-profit corporation chartered under the laws of this state, such agreements being for the purpose of planning, providing, maintaining, and/or administering recreational and natural areas and facilities for the use by the general public.
(b)
Such authority includes the power to provide duly commissioned park rangers for the enforcement of state laws and regulations on publicly and privately owned lands or waters used as recreational areas by the general public.
(c)
Furthermore, the commissioner has the authority to acquire by gift, purchase, exchange, assumption of tax payments, or other method specifically excluding condemnation, lands or easements adjacent to or near such recreational or natural areas for the purpose of facilitating the public use of these areas.
(d)
In exercising the authority granted in this section, the commissioner shall abide by all law relating to contracts, property management, and leasing, including such regulations as may be promulgated by appropriate state officials, subject to specific appropriation of funds by the general assembly.
Acts 1977, ch. 439, § 1; T.C.A., § 11-114.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 1 - DEPARTMENT OF ENVIRONMENT AND CONSERVATION (§§ 11-1-101 — 11-1-118) › Section 11-1-115 - Cloverbottom Mansion

(a)
The commissioner of environment and conservation is authorized to contract with the Cloverbottom Association, subject to the approval of the state building commission, for its assistance in the renovation, repair, maintenance, operation and preservation of the Cloverbottom Mansion located in Davidson County.
(b)
This section shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to this section unless such funds are specifically appropriated by the general appropriations act and approved by the commissioner of finance and administration.
Acts 1988, ch. 849, §§ 1, 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 1 - DEPARTMENT OF ENVIRONMENT AND CONSERVATION (§§ 11-1-101 — 11-1-118) › Section 11-1-116 - Policy of employing young persons to work in state parks and recreation areas

It is the policy of the general assembly that young persons should assist in the preservation of state parks and recreation areas. The commissioner of environment and conservation is encouraged to employ persons under nineteen (19) years of age to work in state parks and recreation areas. These persons should be employed in nonhazardous duties that enhance the viability and purpose of Tennessee's pristine parks. The commissioner shall provide an annual report to the energy, agriculture and natural resources committee of the senate and to the agriculture and natural resources committee of the house of representatives on the number of persons under nineteen (19) years of age who are employed to work in state parks and recreation areas, and in which state parks and recreation areas such persons are employed.
Amended by 2013 Tenn. Acts, ch. 236, s 7, eff. 4/19/2013.
Acts 2006, ch. 561, §1; 2012 , ch. 604, § 9.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 1 - DEPARTMENT OF ENVIRONMENT AND CONSERVATION (§§ 11-1-101 — 11-1-118) › Section 11-1-117 - 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 under this part. In the action, the commissioner may seek, and the court may grant, injunctive relief and any other relief available in law or equity.
Acts 2007, ch. 486, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 1 - DEPARTMENT OF ENVIRONMENT AND CONSERVATION (§§ 11-1-101 — 11-1-118) › Section 11-1-118 - Promulgation of rules to create commercial use authorization

The commissioner of environment and conservation shall promulgate rules that take effect by July 1, 2021, to create a commercial use authorization to allow persons wanting to engage in commercial activities at one (1) or more state parks or state natural areas to obtain a permit to do so. The rules must include fees structured to promote park self-sufficiency and economic development.
Added by 2021 Tenn. Acts, ch. 482,s 1, eff. 5/18/2021.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 2 - CONSERVATION COMMISSION [Repealed] (§§ 11-2-101 — 11-2-107) › Section 11-2-101 - Repealed

Acts 1953, ch. 248, § 2 (Williams, § 255.75i); 1955, ch. 214, § 1; impl. am. Acts 1959, ch. 9, § 11; Acts 1963, ch. 166, §1; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), §11-201; repealed by Acts 2012 , ch. 986, § 23, effective 10/1/2012.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 2 - CONSERVATION COMMISSION [Repealed] (§§ 11-2-101 — 11-2-107) › Section 11-2-102 - Repealed

Acts 1953, ch. 248, § 3 (Williams, § 255.75j); 1955, ch. 214, § 2; impl. am. Acts 1959, ch. 9, § 11; Acts 1963, ch. 166, § 2; T.C.A. (orig. ed.), §11-202; repealed by Acts 2012 , ch. 986, § 23, effective 10/1/2012.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 2 - CONSERVATION COMMISSION [Repealed] (§§ 11-2-101 — 11-2-107) › Section 11-2-103 - Repealed

Acts 1939, ch. 217, § 3; C. Supp. 1950, § 255.67 (Williams, §255.75c); T.C.A. (orig. ed.), §11-203; repealed by Acts 2012 , ch. 986, § 23, effective 10/1/2012.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 2 - CONSERVATION COMMISSION [Repealed] (§§ 11-2-101 — 11-2-107) › Section 11-2-104 - Repealed

Acts 1953, ch. 248, § 5 (Williams, § 255.75l); 1976, ch. 806, §1(48); T.C.A. (orig. ed.), §11-204; repealed by Acts 2012 , ch. 986, § 23, effective 10/1/2012.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 2 - CONSERVATION COMMISSION [Repealed] (§§ 11-2-101 — 11-2-107) › Section 11-2-105 - Repealed

Acts 1953, ch. 248, § 6 (Williams, § 255.75m); T.C.A. (orig. ed.), §11-205; repealed by Acts 2012 , ch. 986, § 23, effective 10/1/2012.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 2 - CONSERVATION COMMISSION [Repealed] (§§ 11-2-101 — 11-2-107) › Section 11-2-106 - Repealed

Acts 1953, ch. 248, § 4 (Williams, § 255.75k); T.C.A. (orig. ed.), §11-206; repealed by Acts 2012 , ch. 986, § 23, effective 10/1/2012.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 2 - CONSERVATION COMMISSION [Repealed] (§§ 11-2-101 — 11-2-107) › Section 11-2-107 - Repealed

Acts 1953, ch. 248, § 7 (Williams, § 255.75n); impl. am. Acts 1974, ch. 481, §§ 4, 6; T.C.A. (orig. ed.), §11-207; repealed by Acts 2012 , ch. 986, § 23, effective 10/1/2012.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-101 - "Park" defined

For the purposes of the department of environment and conservation, "park" means and includes any and all areas of land heretofore or hereafter acquired by the state, which by reason of having natural and historic features, scenic beauty or location, possess natural or potential physical, aesthetic, scientific, creative, social or other recreational values, and are dedicated to and forever reserved and administered by the state for the recreational and cultural use and enjoyment of the people.
Acts 1937, ch. 266, § 1; C. Supp. 1950, § 630.1; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-301.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-102 - Preservation in natural condition

Every park under this part shall be preserved in a natural condition so far as may be consistent with its human use and safety, and all improvements shall be of such character as not to lessen its inherent recreational value.
Acts 1937, ch. 266, § 2; C. Supp. 1950, § 630.2; T.C.A. (orig. ed.), § 11-302.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-103 - Classification and designation of areas - Administration of state park system - Division of parks and recreation

(a)
All parks, monuments and other areas used primarily for recreational purposes shall be properly classified under the supervision of the department of environment and conservation, and the department shall, upon approval of the classification, designate the areas comprising the state park system, the state park system to be administered through a division of parks and recreation in the department.
(b)
(1)
Notwithstanding any other law to the contrary, the state park designated as "Pickett State Park" is hereby redesignated as "Pickett Civilian Conservation Corps (CCC) Memorial State Park."
(2)
The department shall erect suitable markers and/or affix suitable signs designating such park as the "Pickett Civilian Conservation Corps (CCC) Memorial State Park."
Acts 1937, ch. 266, § 3; C. Supp. 1950, § 630.3; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-303; Acts 1994, ch. 951, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-104 - Cooperation for park purposes

The state, counties, municipalities, and all political subdivisions of Tennessee are empowered to cooperate with each other, and with other states, and with the United States government, or any agency thereof, in planning, establishing, improving, or maintaining any park or other recreational area or monument.
Acts 1937, ch. 266, § 4; C. Supp. 1950, § 630.4; T.C.A. (orig. ed.), § 11-304.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-105 - Eminent domain

In the acquisition of sites or boundaries of land for parks to be used for any one (1) or more of the purposes recited in this part, the state is authorized to exercise the power of eminent domain when the governor so orders.
Acts 1941, ch. 104, § 1; C. Supp. 1950, § 630.5; T.C.A. (orig. ed.), § 11-305.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-106 - Expenditures by political subdivisions

Every county, municipality, and other political subdivision of this state is empowered to expend money from available sources to aid in the purchase of areas within the county, municipality or political subdivision for park purposes within the meaning of this part, the park to become the property of the state, to be improved, cared for and administered by the department of environment and conservation as a part of the state park system hereinabove mentioned; provided, that the governor and commissioner of environment and conservation shall have first agreed in writing to accept the same.
Acts 1937, ch. 266, § 5; C. Supp. 1950, § 630.5; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-306.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-108 - Authority to sell surplus park land - Authorization

The department of environment and conservation is authorized to sell certain tracts of land which are surplus to the needs and benefit of the state of Tennessee, and now being used for state park purposes. The land shall be sold only upon authorization of the national park service, department of interior, and under such terms and conditions as it may require.
Acts 1949, ch. 163, § 1; C. Supp. 1950, § 630.5B; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-308.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-109 - Execution of deed - Approval

(a)
Upon receipt of such authorization and terms and conditions from the national park service, the commissioner of environment and conservation is hereby authorized to execute a deed on behalf of the state of Tennessee, transferring and conveying whatever interest the state of Tennessee might have in the tract of land.
(b)
The deed of conveyance shall be approved by the governor and attested by the secretary of state.
Acts 1949, ch. 163, § 2; C. Supp. 1950, § 630.5C; impl. am. Acts 1959, ch. 9, § 11; impl. am. Acts 1963, ch. 169, § 3; T.C.A. (orig. ed.), § 11-309.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-110 - Use of proceeds of sale

All funds received from any of such sales of land shall be invested in capital improvements in that particular state park from which the sale was made.
Acts 1949, ch. 163, § 3; C. Supp. 1950, § 630.5D; T.C.A. (orig. ed.), § 11-310.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-112 - Purchasing authority

(a)
Notwithstanding any law to the contrary, the commissioner of environment and conservation has the authority to cause to be purchased and to develop the method for purchasing, without the approval of any other agency of state government, services, raw materials, merchandise for resale, supplies and equipment necessary for provision of quality services for state park operations. This section shall not be construed to allow the department to contract for services previously accomplished for the parks by state employees or for services that could reasonably be expected to be accomplished by state employees.
(b)
It is the responsibility of the commissioner of environment and conservation to develop policies and procedures to ensure, to the extent practicable, that purchases made on behalf of park operations are at the lowest possible price while at the same time ensuring quality and timely delivery. The commissioner shall file such policies and procedures with the procurement commission for the commission's review and approval.
(c)
The commissioner has the authority to purchase supplies and equipment through the department of general services and is encouraged to exercise the option to purchase through the department under title 12, chapter 3, in circumstances which are advantageous for the timely delivery of low cost, quality products.
(d)
For purposes of this section, "park operations" means a park facility used in connection with fee-based recreational activities or intended to be revenue-generating, including, but not limited to: a lodge, inn, cabin, campground, group camp, restaurant, golf course, gift shop, marina or other boat rental facility, visitors center, meeting space, skeet range, snack bar, shelter, or vending machine.
(e)
No expenditure of public funds pursuant to this section shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964 (
42 U.S.C. § 2000d
).
Amended by 2024 Tenn. Acts, ch. 578,s 1, eff. 3/15/2024.
Acts 2001, ch. 407, §§ 2 - 4; 2004, ch. 773, § 1; 2011 , ch. 295, § 19.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-113 - Reimbursement of green fees from certain agencies

If the golf course is located in a state park, but operated by a municipal or county government agency under contract with the department of environment and conservation, the department shall reimburse the operating agency for any green fees waived under [former] §
11-3-112
[repealed] and this section.
Acts 1974, ch. 420, § 2; T.C.A., § 11-312.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-114 - Clear - cutting

(a)
The commissioner of environment and conservation shall prohibit the forestry practice of clear-cutting in all state parks. The department of environment and conservation shall not conduct clear-cutting operations in such parks, nor permit any other person or lessee to conduct clear-cutting operations in such parks.
(b)
Notwithstanding subsection (a), clear-cutting may be permitted in state parks in cases of natural disaster or insect infestation provided that the department of environment and conservation has determined prior to any such clear-cutting that it is a reasonable and appropriate response to such disaster or infestation and that it is consistent with the department's duty to preserve and maintain the parks. Such clear-cutting may occur only in a manner approved in advance by the department.
Acts 2002, ch. 608, §§ 1, 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-115 - Individual honored by park dedication need not be deceased

No individual shall be disqualified from having a park named in dedication to the individual based solely on the fact that the individual is not deceased.
Acts 2009, ch. 500, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-116 - Justin P. Wilson Cumberland Trail State Park

The Cumberland Trail State Park, established on June 22, 1998, is known as the Justin P. Wilson Cumberland Trail State Park.
Added by 2021 Tenn. Acts, ch. 38,s 1, eff. 3/23/2021.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-120 - Management plan

(a)
The department of environment and conservation is hereby directed to formulate a long-range plan, hereinafter referred to as a "management plan" for each state park. Each such management plan shall include the following:
(1)
Funding requirements for state parks and an analysis of whether the revenue-generating facilities on the park are self-sustaining;
(2)
Facilities preservation, maintenance and utilization;
(3)
Management and personnel staffing, training, compensation and professional development;
(4)
Preservation, development and expansion of existing and new park resources and facilities;
(5)
Educational programming; and
(6)
Land acquisition.
(b)
Each management plan shall include goals and projections for state parks for the next ten (10) years and shall be updated every five (5) years by the department. Each management plan shall be posted on the department's website. Prior to updating each management plan, the department shall conduct public hearings after public notice has been given in accordance with title 8, chapter 44. Public hearings shall be conducted in each park or in the vicinity of each park regarding any update to the management plan. Notice of these public hearings shall be given to any friends groups or other groups with a particular interest in the particular park. The department shall consider all written and oral comments received in these hearings and shall document its responses to such comments. The department shall submit by March 1 of each year, to the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate, a report outlining any major deviations from the management plans in the previous year and the reasons therefore.
(c)
The department shall not commence construction on a new capital project in a state park that costs in excess of the amount for major maintenance, as defined in §
4-15-107
, until the project is provided for in the park's current management plan and the project has been approved by the state building commission. The construction costs for such new capital projects other than those provided for in the management plan shall not be funded until the management plan is appropriately updated.
Amended by 2022 Tenn. Acts, ch. 921,s 2, eff. 4/27/2022.
Amended by 2013 Tenn. Acts, ch. 236,s 6, eff. 4/19/2013.
Acts 1998, ch. 1083, § 6; 2010, ch. 857, § 1; 2012, ch. 604, § 10.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-122 - Driving a golf cart within state park

In state parks, a golf cart, as defined by §
55-1-123
, may only be driven on golf courses in accordance with state park rules and policies and on the paved roads within the campgrounds, subject to regulation by state parks to protect public safety. Nothing in this section shall prohibit the department of environment and conservation from requiring a valid driver license for the operation of a golf cart within the properties described in this section.
Acts 2008, ch. 1081, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 1 - GENERAL PROVISIONS (§§ 11-3-101 — 11-3-123) › Section 11-3-123 - Manner of maintenance - Easy access

The department of environment and conservation is encouraged to maintain the state park system in a manner that is conducive to use by all persons and that provides such persons with easy access to all public areas within the parks.
Acts 2008, ch. 1081, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 2 - NONPROFIT ORGANIZATIONS FOR SUPPORT AND ENHANCEMENT OF STATE PARKS (§§ 11-3-201 — 11-3-210) › Section 11-3-201 - Legislative findings and intent

The general assembly finds that in order to maintain and enhance the purposes, programs and functions of the state park system, including, but not limited to, educational, interpretative and recreational functions, nonprofit citizen support organizations may be organized, and the commissioner of environment and conservation, after approval of the commissioner of finance and administration, may enter into agreements with such organizations for the purpose of providing support, financial and otherwise, to a specific park or parks, or the state park system. The agreement shall be forwarded to the comptroller of the treasury for review and comment prior to the execution by any state official. It is the intent of this legislation that any revenues generated by these organizations be used to enhance the state parks and their programs. To that end, it is the intent that state appropriations to the parks not be reduced when revenues are generated by these organizations.
Acts 1993, ch. 40, § 1; 1994, ch. 753, §§ 1, 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 2 - NONPROFIT ORGANIZATIONS FOR SUPPORT AND ENHANCEMENT OF STATE PARKS (§§ 11-3-201 — 11-3-210) › Section 11-3-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Citizen support organization" means an organization which:
(A)
Is organized as a nonprofit corporation, or is otherwise qualified to do business in Tennessee as a nonprofit corporation, pursuant to title 48, chapter 51;
(B)
Is exempt from payment of federal income taxes pursuant to § 501(c) of the Internal Revenue Code of 1986 (
26 U.S.C. § 501(c)
), as it may be amended;
(C)
Is incorporated for purposes which are consistent with the goals, objectives, programs, responsibilities and functions of the state park system as provided in title 11, as determined by the commissioner; and
(D)
Provides equal opportunities and membership to all persons regardless of race, color, national origin, sex, religion, age, disability or other constitutionally protected classification;
(2)
"Commissioner" means the commissioner of environment and conservation or the duly authorized representative or, in the event of the commissioner's or representative's absence or vacancy in the office of commissioner, the deputy commissioner;
(3)
"Department" means the department of environment and conservation; and
(4)
"Park" means an area as defined at §
11-3-101
, and includes, but is not limited to, state natural areas, archaeological areas, historic areas, parks, scenic rivers, scenic trails and state forests.
Acts 1993, ch. 40, § 2; 2011 , ch. 47, § 6.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 2 - NONPROFIT ORGANIZATIONS FOR SUPPORT AND ENHANCEMENT OF STATE PARKS (§§ 11-3-201 — 11-3-210) › Section 11-3-203 - Agreements

The commissioner may enter into an agreement with a citizen support organization for purposes consistent with this part if the commissioner determines it is in the best interest of a specific park or the park system generally.
Acts 1993, ch. 40, § 3.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 2 - NONPROFIT ORGANIZATIONS FOR SUPPORT AND ENHANCEMENT OF STATE PARKS (§§ 11-3-201 — 11-3-210) › Section 11-3-204 - Activities

A citizen support organization which enters into an agreement with the commissioner may provide support, assistance or cooperation to a specific park or to the park system in general, including, but not limited to:
(1)
The provision of educational or interpretative material for sale;
(2)
The provision of exhibits and materials for display and related equipment and material;
(3)
The provision of financial support, whether through donation, gift or otherwise, for park programs, property or other park purposes;
(4)
The provision of volunteer personnel services or monetary contributions for adding state positions for park services;
(5)
The provision of equipment or other goods; and
(6)
The gift or donation of money to fund programs and exhibits or to procure equipment, materials, books or services.
Acts 1993, ch. 40, § 4.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 2 - NONPROFIT ORGANIZATIONS FOR SUPPORT AND ENHANCEMENT OF STATE PARKS (§§ 11-3-201 — 11-3-210) › Section 11-3-205 - Use of state park property and facilities

If the commissioner enters into an agreement with a citizen support organization, the commissioner may authorize such organization to use, under such conditions as the commissioner may prescribe, property or facilities of the state park system to carry out its support activities.
Acts 1993, ch. 40, § 5.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 2 - NONPROFIT ORGANIZATIONS FOR SUPPORT AND ENHANCEMENT OF STATE PARKS (§§ 11-3-201 — 11-3-210) › Section 11-3-206 - Assistance by the commissioner

The commissioner, through the director of the division of state parks, may assist organizers of a citizen support organization with its creation and may provide technical assistance to the organization after its incorporation. However, it is the responsibility of the citizen support organization to ensure that the organization is lawfully incorporated and operating.
Acts 1993, ch. 40, § 6.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 2 - NONPROFIT ORGANIZATIONS FOR SUPPORT AND ENHANCEMENT OF STATE PARKS (§§ 11-3-201 — 11-3-210) › Section 11-3-207 - Audits - Books and records

(a)
All annual reports and all books of accounts and financial records of a citizen support organization shall be subject to audit annually by the comptroller of the treasury. With prior approval of the comptroller of the treasury, the audit may be performed by a licensed independent public accountant selected by the citizen support organization. If an independent public accountant is employed, the audit contract between the citizen support organization and the independent public accountant shall be on contract forms prescribed by the comptroller of the treasury. The cost of any audit shall be paid by the citizen support organization; provided, that in the case of any audit performed by the comptroller of the treasury of any citizen support organization having gross receipts of less than twenty-five thousand dollars ($25,000) for the fiscal period under audit, the cost of such audit shall be paid by the state.
(b)
The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.
(c)
One (1) copy of each audit shall be furnished to each member of the board of the citizen support organization, the department and the comptroller of the treasury.
(d)
The department and the comptroller of the treasury, or their designated representative, shall have access to the citizen support organization's books, records and accounts whenever deemed necessary by either office.
(e)
If the comptroller of the treasury determines that due to size or insignificant financial activities by a citizen support organization the requirement of this section for an audit is unnecessary or would be burdensome on a citizen support organization, then the comptroller of the treasury may waive the required audit.
Acts 1993, ch. 40, § 7; 1994, ch. 753, § 3.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 2 - NONPROFIT ORGANIZATIONS FOR SUPPORT AND ENHANCEMENT OF STATE PARKS (§§ 11-3-201 — 11-3-210) › Section 11-3-208 - Gifts and donations

(a)
Any monetary gifts, donations or otherwise received by the department, the commissioner, the division of state parks or by a specific park from a citizen support organization and designated by the citizen support organization for the benefit of a specific park or the park system in general, shall be deposited directly to the account for the specific park or to the general account for the division of state parks, shall not revert to the general fund at the end of the fiscal year and shall be retained in the account until expended, notwithstanding title 9, chapter 4, or such other provisions requiring all funds be deposited into or revert to the general fund.
(b)
Any gifts of equipment, materials, or other personal property to a specific park shall be used solely at that park unless the commissioner determines its use at another park is necessary.
Acts 1993, ch. 40, § 8.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 2 - NONPROFIT ORGANIZATIONS FOR SUPPORT AND ENHANCEMENT OF STATE PARKS (§§ 11-3-201 — 11-3-210) › Section 11-3-209 - Dissolution

In the event a citizens support organization dissolves, any funds remaining after dissolution shall be donated to the division of state parks and shall be deposited, as provided in §
11-3-208
, and applied for the provision or expansion of state park programs, services or facilities.
Acts 1993, ch. 40, § 9.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 2 - NONPROFIT ORGANIZATIONS FOR SUPPORT AND ENHANCEMENT OF STATE PARKS (§§ 11-3-201 — 11-3-210) › Section 11-3-210 - Rules and regulations

The commissioner is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, which the commissioner deems necessary to administer this part.
Acts 1993, ch. 40, § 10.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 3 - STATE PARK FUNDING (§§ 11-3-301 — 11-3-307) › Section 11-3-301 - Legislative intent

It is the legislative intent that people who use the state parks be given the opportunity to voluntarily contribute to the maintenance, renovation, promotion, expansion, recreational and educational programs, and operations of such parks. Each state park shall provide a collection point, box or other suitable arrangement at which park users may make donations to the state park fund, with the exception of those state parks that the commissioner of environment and conservation may certify as not being suitable for the collection of such fee.
Acts 1998, ch. 1083, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 3 - STATE PARK FUNDING (§§ 11-3-301 — 11-3-307) › Section 11-3-302 - State park fund

(a)
There is created a special agency account in the state general fund to be known as the "state park fund," hereinafter referred to in this part as the "fund."
(b)
Any fund balance remaining unexpended at the end of a fiscal year in the fund shall be carried forward into the subsequent fiscal year.
(c)
Interest accruing on investments and deposits of the state park fund shall be carried forward into the subsequent fiscal year.
(d)
Unless otherwise specified in this part, the funds realized from voluntary contributions generated from the operation of state parks under the control or supervision of the division of parks shall be deposited in the fund. No part of the fund shall be diverted to the general fund or any other public fund.
(e)
Moneys in the fund shall be invested by the state treasurer in accordance with §
9-4-603
. The fund shall be administered by the commissioner of environment and conservation.
(f)
Moneys in the fund shall only be expended and obligated in accordance with appropriations made by the general assembly.
(g)
Moneys in the fund shall only be expended in accordance with this part.
(h)
Any revenues realized from user fees charged by the state parks shall be deposited in a sub-account within the fund which shall be governed by this part except the restriction regarding salaries in §
11-3-304
.
(i)
Any revenues derived from the payment of fees charged at state parks and any fines, penalties, forfeitures, or contraband allocated to state parks pursuant to state law shall be deposited in the fund.
Acts 1998, ch. 1083, § 3; 2000, ch. 921, §§ 2, 3; 2004, ch. 847, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 3 - STATE PARK FUNDING (§§ 11-3-301 — 11-3-307) › Section 11-3-303 - Expenditures

The fund shall be used for expenditures for state parks, including, but not limited to:
(1)
The administration of state parks;
(2)
The purchase of lands and rights therein suitable for management by the division of state parks;
(3)
The renovation, equipment, maintenance and upkeep of managed property and all buildings and structures related thereto;
(4)
The construction of suitable buildings, recreational facilities, parking lots, trails, campgrounds, picnic areas, scenic areas, cabins, inns, golf courses, swimming facilities, restaurants, marinas, docks and structures necessary for the use and enjoyment of state parks;
(5)
The promotion, advancement and efficient management of state parks and their resources, including educational activities to that end; and
(6)
Any other purpose determined by the commissioner of environment and conservation to be necessary or beneficial to implement this title.
Acts 1998, ch. 1083, § 4.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 3 - STATE PARK FUNDING (§§ 11-3-301 — 11-3-307) › Section 11-3-304 - Excluded uses of funds

No voluntary contributions or donations made pursuant to this part shall be used to pay salaries of employees or administrators of such state parks.
Acts 1998, ch. 1083, § 5.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 3 - STATE PARKS (§§ 11-3-101 — 11-3-307) › Part 3 - STATE PARK FUNDING (§§ 11-3-301 — 11-3-307) › Section 11-3-305 - Self - sufficiency of revenue - generating facilities

It is the legislative intent that the following types of revenue-generating facilities at state parks shall be self-sufficient by the fiscal year 2007-2008: marinas, campgrounds, golf courses, cabins, gift shops, restaurants and inns. "Self-sufficient" means that the revenue generated at all such facilities collectively is sufficient to cover all of the direct operational costs incurred at those facilities. Nothing in this section shall be construed to automatically require the closing of any park or facility which is not individually self-sufficient.
Acts 2004, ch. 847, § 3.