This chapter shall be known by the title “The Tennessee Scenic Rivers Act of 1968.” The general assembly finds that certain rivers of Tennessee possess outstanding scenic, recreational, geological, fish and wildlife, botanical, historical, archaeological and other scientific and cultural values of great present and future benefit to the people. The general assembly further finds […]
As used in this chapter, unless the context otherwise requires: “Conservation easement” means a conservation easement as defined in § 66-9-303. No conservation easement obtained pursuant to this chapter shall grant a right of physical access to the public; “Free flowing” means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other […]
The following types of rivers are eligible for inclusion in the state scenic rivers system in which they will be administered in general accord with the criteria hereinafter set forth: Classes of Scenic River Areas Class I Natural river areas Class II Pastoral river areas Class III Partially developed river areas (1) Class I Natural […]
The rivers or segments of rivers to be initially included in this system, being classified by the above-stated criteria, are as follows: Class I Natural River Areas Blackburn Fork — That segment of the stream from the county road at Cummings Mill downstream one and one-half (1½) miles. Conasauga River — The entire segment of […]
The commissioner of environment and conservation shall study and from time to time submit to the governor and to the general assembly proposals for the addition to the state scenic rivers system of rivers and sections of rivers which, in the commissioner’s judgment, fall within one (1) or more of the categories set out in […]
The scenic river system shall be administered by the department of environment and conservation in cooperation with the wildlife resources agency and according to the policies and criteria set forth in this chapter. The commissioner of environment and conservation is authorized to make and enforce such regulations as are necessary to carry out this chapter […]
Whenever in the judgment of the commissioner of environment and conservation a scenic river area previously administered as Class II or Class III has been sufficiently restored and enhanced in its natural scenic and recreational qualities, the commissioner may recommend to the general assembly that such an area be classified to a higher status (Class […]
The commissioner of environment and conservation may, within two (2) years after a river or segment of river has been made part of the state scenic rivers system, determine generally the boundaries of the scenic river area associated with that river or river segment. If a determination of the boundaries is made, the determination shall […]
Within the exterior boundaries of a scenic river area, as established under § 11-13-108, the commissioner of environment and conservation may acquire on behalf of the state of Tennessee lands in fee title, or an interest in land in the form of easements as defined in § 11-13-102. Acquisition of land or of interest therein […]
Notwithstanding any law, rule or regulation to the contrary, the daily commercial carrying capacity for that section of the Ocoee River between Rogers Branch and Caney Creek in the lower Ocoee River Recreational Area shall be four thousand two hundred and fifty (4,250) commercial customers for the dates on which the commercial usage on such […]
Land uses to be allowed within the exterior boundaries of a scenic river area shall depend upon the classification of such an area, as follows: In Class I scenic river areas, no new roads or buildings shall be constructed, and there shall be no mining. The cutting of timber shall be allowed pursuant to reasonable […]
Any component of the state scenic river system that is or shall become a part of any state park, wildlife refuge, or similar area shall be subject to this chapter and the laws under which the other areas may be administered, and in the case of conflict between these laws the more restrictive provisions shall […]
All state agencies shall, promptly upon enactment of this chapter, inform the commissioner of environment and conservation of any proceedings, studies, or other activities within their jurisdiction, and regardless of by whom requested, which are now in progress and which affect or may affect any of the rivers specified in § 11-13-104. They shall likewise […]
Nothing in this chapter shall preclude a component of the state scenic rivers system from becoming a part of any national scenic rivers system. The commissioner of environment and conservation is directed to encourage and assist any federal studies for inclusion of Tennessee rivers in a national scenic rivers system. The commissioner may enter into […]
The commissioner of environment and conservation may seek financial assistance for the state scenic rivers system from the land and water conservation fund and other federal and local government sources. In the administration and study of the system, and in studies of potential additions to the system, the commissioner may seek technical assistance from the […]
The commissioner of environment and conservation shall cooperate with the appropriate federal and state water pollution control agencies and environmental management agencies, including forestry, for the purpose of eliminating or diminishing the pollution of waters within scenic rivers areas; provided, that such cooperation furthers the objectives of preserving natural stream flow and natural ecological conditions.
Whoever violates, fails, neglects or refuses to obey any provision of this chapter or regulation or order of the commissioner of environment and conservation may be compelled to comply with or obey the same by injunction, mandamus or other appropriate remedy; provided, that whoever violates, fails, neglects or refuses to obey any provision of this […]
The department shall maintain a registry of riparian lands along those segments of designated scenic rivers specified in § 11-13-104, that are not in state ownership and whose owners have voluntarily agreed to maintain them in a natural state. Such registration shall not be binding nor shall it involve any transfer of property rights. However, […]
