reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-211 - Regattas and other special aquatic events

(a)
The executive director may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments, exhibitions, or land-based events that are intended to be viewed from the water by vessel that impact navigation or the safety of vessels on any waters of this state. The commission shall adopt from time to time and amend regulations concerning the safety of motorboats and other vessels and persons on motorboats and vessels, either observers or participants.
(b)
Notwithstanding any other provision of law to the contrary, the executive director is authorized to establish temporary zones and restrictions in connection with the authorization of a specific special aquatic event as provided for in subsection (c). The executive director shall ensure that adequate public notice of the temporary zones and restrictions is given.
(c)
Whenever a regatta, motorboat or other boat race, marine parade, tournament, exhibition, or land-based event intended to be viewed from the water by vessel that impacts navigation or vessel safety is proposed to be held, the person in charge of the event, at least thirty (30) days prior to the event, shall file an application with the executive director for permission to hold such regatta, motorboat or other boat race, marine parade, tournament, exhibition, or land-based event intended to be viewed from the water by vessel that impacts navigation or vessel safety. The application shall set forth the date, time and location where it is proposed to hold such regatta, motorboat or other boat race, marine parade, tournament, exhibition, or land-based event intended to be viewed from the water by vessel that impacts navigation or vessel safety, and it shall not be conducted without authorization of the executive director in writing. For good cause shown, the executive director may waive the thirty (30) day requirement.
Acts 1965, ch. 334, § 15; 1975, ch. 184, §§ 15, 16; T.C.A., §70-2215; Acts 1995, ch. 26, §§ 1-3; T.C.A. §69-10-211; Acts 2007 , ch. 185, §§ 8, 9.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-212 - Regulation of motorboats carrying passengers for hire - Exception

(a)
The commission is hereby authorized to establish rules, regulations and procedures for the inspection and approval of motorboats carrying passengers for hire and for the licensing of the operators of such vessels, but this part shall not apply to any vessel that holds a valid certificate of inspection issued by the United States coast guard, or any federal agency successor to the coast guard.
(b)
Any person holding a valid motorboat operator's license issued by the United States coast guard or any federal agency successor to the coast guard shall be exempt from the licensing requirements of this part.
Acts 1965, ch. 334, § 17; T.C.A., § 70-2217; T.C.A. § 69-10-212.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-213 - Boat liveries

(a)
The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel that is designed or permitted by the owner of the boat livery to be operated as a motorboat, and the identification number of the vessel. The record shall be preserved for at least six (6) months.
(b)
Neither the owner of a boat livery, nor the owner's agent or employee shall permit any motorboat or any vessel designed or permitted by the owner to be operated as a motorboat or sailboat to depart from the owner's premises unless it shall have been provided either by the owner or renter, with the equipment required by this chapter and any rules and regulations made pursuant to this chapter.
Acts 1965, ch. 334, § 18; T.C.A., § 70-2218; T.C.A. § 69-10-213.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-214 - Judicial notice of all published rules and regulations and proclamations

Courts shall take judicial notice of all published rules and regulations and proclamations promulgated pursuant to this chapter and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1965, ch. 334, § 19; 1975, ch. 184, §§ 17, 18; T.C.A., § 70-2219; T.C.A. §69-10-214; Acts 2007 , ch. 185, § 10.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-218 - Jet boats that carry passengers for hire

(a)
Jet boats that carry passengers for hire shall:
(1)
Only operate during the hours between ten o'clock a.m. (10:00 a.m.) and five o'clock p.m. (5:00 p.m.) on Monday through Friday;
(2)
Only operate during the hours between ten o'clock a.m. (10:00 a.m.) and seven o'clock p.m. (7:00 p.m.) on Saturday and Sunday;
(3)
Not travel at a speed greater than a no-wake speed within fifty feet (50') of any private or public dock or boat ramp;
(4)
Not travel at any time at a speed greater than thirty-three nautical miles per hour (33 NMPH);
(5)
Be subject to the noise level restrictions under part 3 of this chapter; and
(6)
Not perform the maneuver commonly called a "donut" within one-hundred feet (100') of any private vessel or the shoreline.
(b)
Beginning July 1, 2018, no person shall locate any outfitter or other business that carries passengers for hire on jet boats within five thousand feet (5,000') of another outfitter or other business that carries passengers for hire on jet boats.
(c)
A person violating this section commits a Class C misdemeanor and, upon conviction of an offense, shall be fined fifty dollars ($50.00) for each offense.
(d)
This section shall only apply in a tourist resort county, as defined in §
42-1-301
.
Added by 2018 Tenn. Acts, ch. 830, s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-220 - Authority of enforcement officers - Arrest - Inspections - Warning citations - Emergency vessels

(a)
Every wildlife officer and any additional enforcement officers who may be specified by the executive director have the authority to enforce this chapter and, in the exercise of the authority, have the authority to stop and board any vessel subject to this chapter. They may arrest on sight, without warrant, any person detected by them in the act of violating any of the provisions of this chapter. The officer may, without a warrant, arrest a person at the scene of a boating accident who is the operator of a vessel involved in such accident when, based on personal investigation, the officer has probable cause to believe that such person has violated either §
69-9-216(a)
, relative to reckless or negligent endangerment or §
69-9-217(a)
, relative to boating under the influence. They have the same right as sheriffs to require aid in arresting, with or without process, any person found by them violating any of the provisions of this chapter.
(b)
No person shall resist, hinder, obstruct, or abuse any law enforcement officer while the officer is attempting to arrest offenders of this chapter or while the officer is making necessary inspections to determine that there is compliance with this chapter.
(c)
The commission is authorized to provide by duly promulgated regulation a system for issuing warning citations under such conditions as may be deemed proper.
(d)
This section does not authorize officers to inspect vessels for any purpose other than to determine if the vessels meet the registration and safety requirements of this chapter.
(e)
Vessels operated by persons commissioned as law enforcement officers as provided in subsection (a), shall be designated as emergency vessels and both the vessel and the law enforcement officer are exempt from normal operating requirements when the vessel is being used for law enforcement purposes.
Acts 1965, ch. 334, § 22; 1975, ch. 184, §§ 19, 20; T.C.A., §§ 70-2222, 69-10-218; Acts 1989, ch. 92, § 10; 1992, ch. 601, § 3; 2000, ch. 830, § 3; T.C.A. § 69-10-220.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-221 - Restrictions on wakeboarding or wakesurfing

(a)
Except as provided in subsection (c), a person shall not engage in wakeboarding or wakesurfing in the waters of Tennessee:
(1)
Between sunset and sunrise;
(2)
On a body of water that is less than fifty (50) acres in size;
(3)
On a portion of a body of water with a width, measured from the nearest shoreline to the second nearest shoreline, of less than four hundred feet (400');
(4)
Within two hundred feet (200') of a shoreline, or a dock, pier, boathouse, or other structure located completely or partly on the water; and
(5)
Without wearing a personal flotation device approved by the United States coast guard.
(b)
Except as provided in subsection (c), a person shall not engage in wakesurfing in the waters of Tennessee using a motorboat that has a propulsion system that extends beyond the motorboat's boarding or swim platform.
(c)
Subsections (a) and (b) do not apply to a regatta, race, trail run, parade, tournament, or exhibition on the waters of Tennessee for which an aquatic event application has been submitted to and approved by the executive director pursuant to §
69-9-211
.
Added by 2022 Tenn. Acts, ch. 872, s 2, eff. 7/1/2022.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-222 - Report of fines and forfeitures - Disposition of funds

On or before the fifteenth day of each month, magistrates or clerks of general sessions courts and other courts shall make a detailed report of all fines and forfeitures collected during the previous calendar month, this report to be made on forms provided by the commission, and the magistrates or clerks of general sessions courts shall retain ten percent (10%) of fines and forfeitures collected or taken, and shall pay one half (1/2) of the balance to the state treasurer with the report, to be placed to the credit of the wildlife resources fund, and shall pay one half (1/2) of the balance to the trustee of the county in which the fine or forfeiture was collected, to be placed to the credit of the general funds of the county.
Acts 1965, ch. 334, § 24; impl. am. Acts 1974, ch. 481, § 16; 1975, ch. 87, §8; 1975, ch. 184, § 21; impl. am. Acts 1978, ch. 934, §§22, 36; T.C.A., §§ 70-2224, 69-10-220; T.C.A. § 69-10-222.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-224 - Termination of unsafe use

The executive director, or the executive director's designees or officers, upon observing a boat being used without sufficient lifesaving or firefighting devices, or in an overloaded or other unsafe condition, which in such person's judgment creates an especially hazardous condition, may direct the operator to take whatever immediate and reasonable steps would be necessary for the safety of those aboard the vessel, including directing the operator to return to mooring and to remain there until the situation creating the hazard is corrected or ended.
Acts 1989, ch. 92, §11; T.C.A. § 69-10-224.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-225 - Personal flotation devices required for persons twelve (12)

(a)
All persons twelve (12) years of age and under in an open boat or on an open deck of a vessel being used for recreational purposes on the waters of this state shall wear a United States coast guard approved wearable personal flotation device while such vessel is underway. Any personal flotation devices required by this section shall be in good and serviceable condition, appropriately sized and properly worn by the person. It is unlawful for any person to operate a vessel in violation of this section.
(b)
This section does not apply to a commercial vessel owned and operated by a commercial entity that charges a per passenger fee.
(c)
A violation of this section is a Class C misdemeanor punishable by a fine of not more than fifty dollars ($50.00).
(d)
Any person cited under this section shall be given thirty (30) days to provide to the officer proof of legal age and for good cause shown, in the judgment of the officer, such period shall be extended for an additional period of thirty (30) days. In the event the proof shows that the person was of legal age at the time of arrest, the individual shall not be required to appear in court and the court, upon request of the officer, shall dismiss the citation and there shall be no costs assessed to the person.
Acts 1997, ch. 57, §§ 1, 2; T.C.A. § 69-10-225.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 2 - BOATING SAFETY (§§ 69-9-201 — 69-9-228) › Section 69-9-228 - Yielding right-of-way to emergency vessel making use of flashing lights

(a)
Upon the approach of an authorized emergency vessel making use of flashing lights, the operator of every other vessel shall yield the right-of-way and shall slow to a no wake speed or immediately move over at least one hundred feet (100') to a position of safety from the emergency vessels, clear of any other vessel, until the authorized emergency vessel has passed, except when otherwise directed by operators of emergency vessels.
(b)
Upon approaching a stationary authorized emergency vessel, when the vessel is giving a signal by use of flashing lights, a person operating an approaching vessel shall, while proceeding with due caution, yield the right-of-way by slowing to a no wake speed or moving over at least one hundred feet (100') to a position of safety from the emergency vessels, clear of any other motorized vessel, if possible, with due regard to safety and boat traffic conditions.
(c)
(1)
A violation of this section is a Class C misdemeanor.
(2)
Notwithstanding §
8-21-401
, the court costs imposed or assessed against any person convicted of a violation of this section may not exceed the maximum fine amount that may be imposed for a violation of this section.
(3)
Nothing in this subsection (c) shall be construed as precluding a person who violates this section from being prosecuted and convicted under any other applicable offense.
(d)
This section shall not operate to relieve the operator of an authorized emergency vessel, from the duty to operate the vessel with due regard for the safety of all persons located in the vicinity of such vessels on the waters of Tennessee.
Added by 2018 Tenn. Acts, ch. 969, s 1, eff. 7/1/2018.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 3 - ENGINE MUFFLERS (§§ 69-9-301 — 69-9-306) › Section 69-9-301 - Mufflers required

The exhaust of every internal combustion engine used on any vessel shall be effectively muffled by a muffling device or system to muffle the noise of the exhaust.
Acts 1977, ch. 77, §1; T.C.A., § 70-2241; T.C.A. § 69-10-301.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 3 - ENGINE MUFFLERS (§§ 69-9-301 — 69-9-306) › Section 69-9-302 - Noise level restrictions - Testing for noise levels

(a)
No person shall operate any vessel in or upon the waters of Tennessee in such a manner as to exceed 86 bdA measured at a distance of fifty feet (50') from the vessel.
(b)
Testing procedures employed to determine such noise levels shall be in accordance with the exterior sound level measurement procedure for pleasure motorboats recommended by the society of automotive engineers in its recommended practice designated SAEJ34. The agency may, by regulation, amend such testing procedures when deemed necessary to adjust to advances in technology.
Acts 1977, ch. 132, § 1; T.C.A., § 70-2242; T.C.A. § 69-10-302.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 3 - ENGINE MUFFLERS (§§ 69-9-301 — 69-9-306) › Section 69-9-303 - Certification by manufacturers - Testing procedures

(a)
Vessel motors manufactured after January 1, 1977, and offered for sale in Tennessee shall be certified to the agency by the motor manufacturer as having been tested and found not to exceed the noise levels prescribed in §
69-9-302
.
(b)
Testing procedures employed to determine such noise levels shall be in accordance with §
69-9-302
. The agency may, by regulation, amend such testing procedures when deemed necessary to adjust to advances in technology.
Acts 1977, ch. 132, § 2; T.C.A., § 70-2243; T.C.A. §69-10-303; Acts 2007 , ch. 185, § 15.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 3 - ENGINE MUFFLERS (§§ 69-9-301 — 69-9-306) › Section 69-9-304 - Alterations to engines - Cutouts

(a)
No person shall remove or alter any part of an engine, its propulsion unit, or its enclosure, or modify the mounting of an engine in or upon a vessel in such a manner as to exceed the noise levels prescribed in §
69-9-302
.
(b)
The use of cutouts is prohibited.
Acts 1977, ch. 77, § 1; 1977, ch. 132, § 3; T.C.A., § 70-2244; T.C.A. § 69-10-304.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 3 - ENGINE MUFFLERS (§§ 69-9-301 — 69-9-306) › Section 69-9-305 - Regattas and boat races excepted

This part shall not apply to vessels competing in a regatta or boat race approved as provided in §
69-9-211
, and for such vessels while on trial runs, during a period not to exceed forty-eight (48) hours immediately preceding such regatta or race and for such vessels while competing in official trials for speed records during a period not to exceed forty-eight (48) hours immediately following such race or regatta.
Acts 1977, ch. 77, § 1; 1977, ch. 132, § 4; T.C.A., § 70-2245; T.C.A. § 69-10-305.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 3 - ENGINE MUFFLERS (§§ 69-9-301 — 69-9-306) › Section 69-9-306 - Violations - Penalties

A violation of this part is a Class C misdemeanor.
Acts 1977, ch. 77, § 2; 1977, ch. 132, § 5; T.C.A., § 70-2246; Acts 1989, ch. 591, § 113; T.C.A. § 69-10-306.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 4 - DIVING SAFETY (§§ 69-9-401 — 69-9-405) › Section 69-9-401 - Display, use and illumination of divers-down flags

(a)
All divers shall prominently display a divers-down flag in the area in which they are diving when diving in an area other than one customarily used for swimming only.
(b)
Divers shall not display a divers-down flag any longer than thirty (30) minutes before and after the dive.
(c)
Divers shall surface within fifty feet (50') of the divers-down flag.
(d)
When diving after dusk, divers shall illuminate the divers-down flag to make it visible from at least three hundred feet (300').
(e)
No one shall use a divers-down flag to stop, limit, or otherwise affect the flow of water traffic.
(f)
Violations of this section shall be punished as follows:
(1)
First offense, a fine of not less than twenty-five dollars ($25.00);
(2)
Second offense, a fine of not less than fifty dollars ($50.00); and
(3)
Third offense, a fine of not less than two hundred fifty dollars ($250) and up to six (6) months imprisonment.
Acts 1984, ch. 732, §2; T.C.A. § 69-10-401.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 4 - DIVING SAFETY (§§ 69-9-401 — 69-9-405) › Section 69-9-402 - Location, measurements and illumination of divers-down flags

(a)
Any boats used as diver stations, diver support boats, or diver supply boats shall display the divers-down flag from their mast or flag staff during the dive. The divers-down flags shall be no smaller than twenty inches (20") by twenty-four inches (24"). Divers not associated with the boats shall display a divers-down flag no smaller than twelve inches (12") by twelve inches (12").
(b)
After dark, divers shall illuminate divers-down flags to make them visible from at least three hundred feet (300').
(c)
At all times such divers-down flags shall be visible from three hundred sixty degrees (360°).
(d)
This section shall apply only to waterways customarily used by boat traffic.
(e)
Violations of this section shall be punished as follows:
(1)
First offense, a fine of not less than twenty-five dollars ($25.00);
(2)
Second offense, a fine of not less than fifty dollars ($50.00); and
(3)
Third offense, a fine of not less than two hundred fifty dollars ($250).
Acts 1984, ch. 732, §2; T.C.A. §69-10-402; Acts 2007 , ch. 185, §§ 16, 17.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 4 - DIVING SAFETY (§§ 69-9-401 — 69-9-405) › Section 69-9-403 - Restricted and no-wake zones

(a)
No boat shall come any closer than fifty feet (50') to any divers-down flag and shall treat the area within two hundred feet (200') of a divers-down flag as a no wake zone.
(b)
This section shall not apply to a boat used as a diver station, diver support, or diver supply boat.
(c)
Violations of this section shall be punished in accordance with §
69-9-219(b)
.
Acts 1984, ch. 732, §2; T.C.A. § 69-10-403.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 4 - DIVING SAFETY (§§ 69-9-401 — 69-9-405) › Section 69-9-404 - International code flag Alpha

(a)
The international code flag Alpha shall be used in the manner set out in §
69-9-402
by boats sending air or other gases to a diver through an air hose. Such use shall be in addition to any other coast guard approved use of this flag.
(b)
The divers-down flag shall not be used in lieu of the Alpha flag to indicate lack of maneuverability.
(c)
Whether or not the Alpha flag is being flown, the divers-down flag must be used to mark the location of divers.
Acts 1984, ch. 732, §2; T.C.A. § 69-10-404.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 4 - DIVING SAFETY (§§ 69-9-401 — 69-9-405) › Section 69-9-405 - When international rules govern

In the event that this part is inconsistent with the international rules of navigation, the international rules of navigation shall govern the inconsistency, but the other provisions of this part shall remain in force.
Acts 1984, ch. 732, §2; T.C.A. § 69-10-405.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 5 - PERSONAL WATERCRAFT (§§ 69-9-501 — 69-9-508) › Section 69-9-501 - "Personal watercraft" defined

As used in this part, "personal watercraft" means a mechanically propelled vessel that is designed to be operated by a person sitting, standing or kneeling on the vessel rather than being operated in a conventional manner by a person sitting, standing, or kneeling inside the vessel. It includes, but is not limited to, Jet Skis, Waverunners, Sea-Doos, Wetjets, Aquajets, Polaris, Tigersharks, and similar craft.
Acts 1996, ch. 808, §1; T.C.A. § 69-10-501.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 5 - PERSONAL WATERCRAFT (§§ 69-9-501 — 69-9-508) › Section 69-9-502 - Flotation devices

A person may not operate a personal watercraft on the waters of Tennessee unless each person aboard the vessel, or being towed by the vessel, is wearing a United States coast guard (USCG) approved Type I, II, III, or V personal flotation device in accordance with the USCG approval label.
Acts 1996, ch. 808, §1; T.C.A. §69-10-502; Acts 2007 , ch. 185, § 18.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 5 - PERSONAL WATERCRAFT (§§ 69-9-501 — 69-9-508) › Section 69-9-503 - Engine cutoff switches

(a)
A person operating a personal watercraft on the waters of Tennessee shall have a lanyard type engine cutoff switch and must attach the lanyard to the person, clothing, or personal flotation device as is appropriate.
(b)
Subsection (a) shall not apply to a person operating a personal watercraft that was not equipped with a lanyard type engine cutoff switch at the time of production by the manufacturer.
Amended by 2016 Tenn. Acts, ch. 572, s 1, eff. 3/8/2016.
Acts 1996, ch. 808, §1; T.C.A. § 69-10-503.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 5 - PERSONAL WATERCRAFT (§§ 69-9-501 — 69-9-508) › Section 69-9-504 - Safe operating requirements - Prohibited maneuvers - Warning flags

(a)
A personal watercraft shall at all times be operated on the waters of Tennessee in a reasonable and prudent manner. Maneuvers that endanger life, limb, or property, or create a public nuisance shall constitute reckless operation of a vessel as provided in §
69-9-216(a)
and shall be punished upon conviction as provided in §
69-9-219
. These acts shall include, but not be limited to:
(1)
Weaving through congested vessel traffic at high speed;
(2)
Following within the wake, and closely behind, a vessel towing a person or persons on water skis or other water sport devices;
(3)
Cutting between a boat and the person or persons being towed by that boat;
(4)
Crossing in close proximity to the stern of another vessel or when visibility around the other vessel is obstructed;
(5)
Steering a vessel toward any object or person in the water and turning sharply at close range so as to spray the object or person; and
(6)
Jumping the wake of another vessel within one hundred feet (100') of that vessel.
(b)
If the operator of a vessel feels that the operation of a personal watercraft is creating a hazard to that vessel or a person being towed by that vessel, they shall exhibit an orange flag and wave it in such a manner to signal the operator of the personal watercraft to steer away, or to take such action that will end the hazard. The flag shall be no less than twelve inches (12") by twelve inches (12") in size.
Acts 1996, ch. 808, §1; T.C.A. § 69-10-504.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 5 - PERSONAL WATERCRAFT (§§ 69-9-501 — 69-9-508) › Section 69-9-505 - Operation by children prohibited

It is unlawful for any person under twelve (12) years of age to operate a personal watercraft upon the waters of Tennessee unless such person is under the direct supervision of an adult. "Direct supervision" means being in such proximity with the operator so as to be able to take immediate control of the vessel.
Acts 1996, ch. 808, §1; T.C.A. § 69-10-505.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 5 - PERSONAL WATERCRAFT (§§ 69-9-501 — 69-9-508) › Section 69-9-506 - Leasing of personal watercraft by persons under sixteen (16)

No person under sixteen (16) years of age may rent or attempt to hire, lease, or rent a personal watercraft. It shall be illegal for any marina, livery, or rental operation to hire, lease, or rent a personal watercraft to any person under sixteen (16) years of age. Further, no marina, livery, or other rental operation may hire, lease, or rent a personal watercraft to any first-time renter until the rental operation at first provides an orientation, approved by the wildlife resources agency, to the renter containing at least the following information: basic operation of the craft, including steering capability when the power is decreased or at idle; required safety equipment and the use of the engine cutoff switch; rules of the road; meaning of the state uniform waterway marking system buoys; regulations regarding wake-jumping and other regulations specific to personal watercraft. Further, the renter must acknowledge in writing that the renter has received such instruction, the marina, livery, or other rental operation must keep on file such acknowledgment for a period of at least thirty (30) days, and such record shall be available for inspection by enforcement officers during regular business hours.
Acts 1996, ch. 808, § 1; 2000, ch. 830, § 4; T.C.A. § 69-10-506.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 5 - PERSONAL WATERCRAFT (§§ 69-9-501 — 69-9-508) › Section 69-9-507 - Towing safety - Rearview mirrors

(a)
No person shall utilize a personal watercraft to tow a person or persons on water skis or other water sport devices unless the personal watercraft has an observer on board, at least twelve (12) years of age, who can constantly observe the person or persons being towed, or it is equipped with rearview mirrors meeting the specifications established by statute or regulation of the commission.
(b)
The specifications for rearview mirrors on personal watercraft used for towing any person shall be as follows: Each mirror shall contain a minimum viewing size of sixty-five (65) square centimeters (10 sq. in.), a minimum viewing area height of sixty-four (64) millimeters (2.5 in.), and minimum viewing area width of one hundred (100) millimeters (4.0 in.). The mirrors shall be mounted or attached on both the right and left sides of the personal watercraft so as to provide the maximum rearward observation by the operator. Mirrors shall not be mounted or attached to the steering mechanism of the personal watercraft. The minimum combined viewing area of both mirrors shall be one hundred thirty (130) square centimeters (20 sq. in.).
(c)
It is a Class A misdemeanor to tow any person by personal watercraft unless the watercraft meets all of these specifications.
Acts 1996, ch. 808, §§ 1, 2; 2000, ch. 595, § 1; T.C.A. § 69-10-507.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 9 - BOATING REGULATION (§§ 69-9-101 — 69-9-508) › Part 5 - PERSONAL WATERCRAFT (§§ 69-9-501 — 69-9-508) › Section 69-9-508 - Watercraft owner not to violate this part - Exceptions to this part

(a)
It is unlawful for the owner of any personal watercraft or any person having charge of or control of a personal watercraft to authorize or knowingly permit these to be operated on the waters of this state by a person in violation of this part.
(b)
This part does not apply to a performer engaged in professional exhibition or a person participating in a regatta, race, marine parade, tournament, or exhibition, and any rules and regulations issued by the commission.
Acts 1996, ch. 808, §1; T.C.A. § 69-10-508.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 10 - WELL DRILLING (§§ 69-10-101 — 69-10-112) › Section 69-10-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Board" means the board of ground water management;
(2)
"Commissioner" means the commissioner of environment and conservation, the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of environment and conservation;
(3)
"Department" means the department of environment and conservation;
(4)
"Drill" means to dig, drill, redrill, construct, deepen or alter a well;
(5)
"Geothermal well" means a hole drilled into the earth, by boring or otherwise, greater than twenty feet (20') in depth constructed for the primary purpose of adding or removing British Thermal Units (BTUs) from the earth for heating or cooling;
(6)
"Inactive well" means any well that is not in use and that does not have functioning equipment, including bailers, associated either with or attached to the well;
(7)
"Installer" means any person who installs or repairs well pumps or who installs filters and water treatment devices;
(8)
"Log" means a record of the consolidated or unconsolidated formation penetrated in the drilling of a well, and includes general information concerning construction of a well;
(9)
"Monitoring well" means a hole drilled into the earth, by boring or otherwise, constructed for the primary purpose of obtaining information on the elevation or physical, chemical, radiological or biological characteristics of the ground water or for the recovery of ground water for treatment, or both;
(10)
"Person" means any individual, organization, group, association, partnership, corporation, limited liability company, utility district, state or local government agency or any combination of them;
(11)
"Water well" means a hole drilled into the earth, by boring or otherwise, for the production of water;
(12)
"Well" means one of these three (3) types of holes in the earth: a geothermal well, a monitoring well, or a water well; and
(13)
"Well owner" means the person who owns the real property on which a well exists or is to be drilled; provided, however, that in the case of any monitoring or remediation required by the department or the commissioner, the well owner shall be the person responsible for such monitoring or remediation.
Acts 1963, ch. 325, § 1; T.C.A., § 70-2301; Acts 1984, ch. 784, § 1; 1986, ch. 611, §1; 1992, ch. 693, § 1; 2002, ch. 800, § 12; T.C.A. §
69-11-101
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 10 - WELL DRILLING (§§ 69-10-101 — 69-10-112) › Section 69-10-103 - Drilling requirements - Inspections

(a)
It is unlawful, and a violation of this chapter, for any person to drill a water well or geothermal well within this state, unless the following provisions are complied with:
(1)
The driller of such well shall be licensed as provided in §
69-10-102
;
(2)
The driller shall, at all times during the drilling of such well, keep posted in a conspicuous location, at or near the well being drilled, a copy of the appropriate license; and
(3)
The driller of a water well or geothermal well, after the completion of the drilling of each well, shall deliver to the commissioner upon forms to be supplied by the commissioner, a report of well driller by a date determined by the commissioner to contain at least the following information:
(A)
The name and address of the well owner;
(B)
The location of the well;
(C)
The date upon which the well was completed; and
(D)
The log of the well.
(b)
The commissioner shall have the authority to inspect and approve or disapprove, based on the requirements of this chapter, the drilling of any water well or geothermal well, the installation and repair of well pumps or water treatment devices, the installation and repair of all conduits, valves, or other appurtenances that convey water between the well and any building, structure or any water discharge point.
(c)
All water wells and geothermal wells shall be drilled, dug, constructed, altered, maintained, and closed in accordance with all standards and requirements established by rules promulgated under this chapter.
Acts 1963, ch. 325, § 3; 1973, ch. 346, § 1; T.C.A., § 70-2303; Acts 1984, ch. 784, §3; 1988, ch. 892, § 1; 2002, ch. 800, § 14; T.C.A. §
69-11-103
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 10 - WELL DRILLING (§§ 69-10-101 — 69-10-112) › Section 69-10-104 - Supervision by licensed driller required

(a)
It shall be unlawful to operate or install any equipment in the drilling of geothermal, water or monitoring wells unless a licensed individual, or an operator designated by the licensee, supervises the activity.
(b)
It shall be unlawful to install any pumps or water treatment devices in geothermal wells and water wells unless a licensed individual, or an operator designated by the licensee, supervises the activity.
Acts 1963, ch. 325, § 4; T.C.A., § 70-2304; Acts 2002, ch. 800, § 15; T.C.A. §
69-11-104
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 10 - WELL DRILLING (§§ 69-10-101 — 69-10-112) › Section 69-10-105 - Suspension and revocation of well drilling or installer's licenses

(a)
A license or operator card may be refused, or a license or operator card duly issued may be suspended or revoked, or the renewal of the license or operator card refused by the commissioner, upon a finding that the applicant or holder:
(1)
Intentionally made a material misstatement in the application for the license;
(2)
Willfully violated any provision of this chapter or any rule or regulation promulgated pursuant to this chapter;
(3)
Obtained, or attempted to obtain, the license by fraud or misrepresentation;
(4)
Been guilty of fraudulent or dishonest practices;
(5)
Demonstrated lack of competence as a driller of wells or as an installer;
(6)
Has failed to comply with an order or assessment issued by the commissioner; or
(7)
Has been convicted of a felony for the commission of an offense that bears directly on the fitness of the applicant or holder to practice competently, as determined by the commissioner.
(b)
All actions pursuant to this section shall be conducted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
No licensee whose license has been revoked under this section is entitled to file another application for a license as a well driller or as an installer within one (1) year from the effective date of such revocation, or, if judicial review of such revocation is sought, within one (1) year from the date of the final court order or decree affirming such revocation. Such application, when filed, may be refused by the commissioner, unless the applicant shows good cause why revocation of the license shall not be deemed a bar to the issuance of a new license.
Amended by 2016 Tenn. Acts, ch. 719, s 10, eff. 4/6/2016.
Acts 1963, ch. 325, § 5; 1982, ch. 653, § 3; T.C.A., § 70-2305; Acts 1984, ch. 784, §4; 1986, ch. 611, § 3; 2002, ch. 800, §§ 11, 16, 17; T.C.A. §
69-11-105
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 10 - WELL DRILLING (§§ 69-10-101 — 69-10-112) › Section 69-10-106 - Powers of commissioner

The commissioner has the power to:
(1)
Promulgate rules and regulations as the commissioner deems reasonable and necessary to effectuate the purposes of this chapter. Such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(2)
Exercise general supervision over the administration and enforcement of this chapter and all rules and regulations promulgated under this chapter;
(3)
Make inspections and investigations, collect samples, carry on research, or take such other action as may be necessary to carry out this chapter, rules and regulations issued pursuant to this chapter, and any orders that the commissioner may issue;
(4)
Enter or authorize the commissioner's agents to enter at all reasonable times upon any property other than dwelling places for the purpose of conducting investigations or studies or enforcing any of the provisions of this chapter;
(5)
Bring suit in the name of the department for any violation of this chapter, rules and regulations, and orders of the commissioner seeking any remedy provided in such chapter, rules and regulations, and orders, as well as, any other statutory or common law remedy provided in statutory or common law;
(6)
Assess civil penalties for violation of any provision of this chapter or any rule, regulation, standard adopted or order issued by the commissioner pursuant to this chapter;
(7)
Issue orders as may be necessary to secure compliance with this chapter, as well as the rules and regulations adopted pursuant to this chapter;
(8)
Investigate any alleged or apparent violation of this chapter and to take any action authorized under this chapter as the commissioner deems necessary to enforce this chapter;
(9)
Issue licenses as provided by this chapter;
(10)
Establish standards for installation of pumps and treatment devices and establish standards for the proper drilling, construction, maintenance, and closure by well drillers, including, but not limited to, the casing, perforating, plugging, cementing, and capping of wells and for maintenance of water wells and geothermal wells by well owners; and
(11)
Require corrective action, including closure, of all inactive wells or improperly constructed or maintained wells that have caused or will cause harm to ground water.
Acts 1963, ch. 325, § 6; T.C.A., § 70-2306; Acts 1984, ch. 784, § 5; 2002, ch. 800, § 18; T.C.A. §
69-11-106
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 10 - WELL DRILLING (§§ 69-10-101 — 69-10-112) › Section 69-10-109 - Disbursement of moneys

All funds received by the commissioner under this chapter, together with any interest earned on the funds, shall be deposited into a separate account in the environmental protection fund created by §
68-203-101
.
Acts 1963, ch. 325, § 9; T.C.A., § 70-2309; Acts 2002, ch. 800, § 22; T.C.A. §
69-11-109
; Acts 2007, ch. 362, § 40.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 10 - WELL DRILLING (§§ 69-10-101 — 69-10-112) › Section 69-10-111 - Notice of intent to drill

No water well or geothermal well shall be drilled unless the well owner or the well driller, on behalf of the well owner, has previously notified the commissioner of the intent to drill a well in the manner prescribed by the commissioner. The notice of intent to drill shall include, at a minimum, the name and address of the owner and the location of the well. The fee for the notification shall be submitted by the well owner or the well driller in accordance with the requirements of the rules but no later than the report of well driller pursuant to §
69-10-103
.
Acts 2002, ch. 800, § 19; T.C.A. §
69-11-111
.
2023 Tennessee Code › Title 69 - WATERS, WATERWAYS, DRAINS AND LEVEES (§§ 69-1-101 — 69-11-127) › Chapter 10 - WELL DRILLING (§§ 69-10-101 — 69-10-112) › Section 69-10-112 - Municipalities under home rule or counties under charter - Exemptions

(a)
Any municipality that has adopted home rule under Tennessee Constitution, Article XI, § 9, or any county operating under a county charter form of government, may enact, by ordinance or resolution respectively, enforceable requirements not less stringent than the standards adopted by the state pursuant to this chapter.
(b)
Any such municipality that has adopted home rule under Tennessee Constitution, Article XI, § 9, any county operating under a county charter form of government, or any political subdivision under such municipality or county, may be exempted from this chapter, except for the well driller licensing and license fee provisions that shall remain as a state function. Any such municipality, county or political subdivision desiring to be exempted from this chapter may file a petition for certificate of exemption with the commissioner. The commissioner shall grant or deny the petition.
(c)
The certificate of exemption shall be granted if the commissioner determines that the home rule municipality, or county operating under a county charter form of government, has enacted provisions not less stringent than this chapter and that such enactments are being, or will be, adequately enforced.
(d)
The commissioner may grant a certificate of exemption in whole or in part, may prescribe a time schedule for various parts of an exemption to become effective, and may make a certificate of exemption conditional or provisional as is deemed appropriate.
(e)
In granting any certificate of exemption, there is reserved to the state the right to initiate proceedings to enforce any applicable resolution, ordinance or regulation of the municipality or county should it fail to obtain compliance with the resolution, ordinance or regulation. Such proceedings shall be the same as for enforcement of any duly promulgated rule or regulation.
(f)
In granting any certificate of exemption, the exemption is to be strictly construed as limited to the language of the exemption. No power or authority that is not expressly stated in the certificate of exemption may be implied.
(g)
The department shall frequently determine whether or not any exempted municipality, county or political subdivision meets the terms of the exemption granted and continues to comply with this section. If a determination is made that such municipality, county or political subdivision does not meet the terms of the exemption granted or does not comply with this section, the commissioner, upon reasonable notice to the municipality, county or political subdivision, may suspend the exemption in whole or in part until such time as the municipality, county or political subdivision complies with the state standards.
(h)
All certificates of exemption, including those expiring pursuant to subsection (g), shall be for a fixed term not to exceed five (5) years.
Acts 2002, ch. 800, § 23; T.C.A. §
69-11-112
.
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 69-11-101 - Short title

This chapter shall be known as and may be cited as the "Safe Dams Act of 1973."
Acts 1973, ch. 182, § 1; T.C.A., § 70-2501; T.C.A. § 69-12-101.
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 69-11-105 - Certificates of approval required

On and after July 1, 1973, no person shall construct, enlarge, repair, alter, remove, maintain, or operate a dam in this state without first obtaining from the commissioner a certificate of approval and safety.
Acts 1973, ch. 182, § 4; T.C.A., § 70-2505; T.C.A. § 69-12-105.