Public access area: means an area adjoining the river acquired by the state in fee simple. See Tennessee Code 11-13-102
Public use easement: means a perpetual right in land of less than fee simple which: (A) Obligates the grantor and the grantor's heirs and assigns to certain restrictions constituted to maintain and enhance the scenic qualities of those lands bordering the river. See Tennessee Code 11-13-102
River: means a flowing body of water or a section, portion or tributary thereof, including rivers, streams, creeks, branches, or small lakes. See Tennessee Code 11-13-102
Road: means highway, hard-surface road, improved and unimproved dirt road. See Tennessee Code 11-13-102
(1) In Class I scenic river areas, no new roads or buildings shall be constructed, and there shall be no mining. The cutting of timber shall be allowed pursuant to reasonable regulations issued by the commissioner of environment and conservation, which regulations shall be consistent with commonly accepted tree farming practices;(2) In Class II and Class III scenic river areas, the continuation of present agricultural practices, such as grazing and the propagation of crops, shall be permitted. The construction of farm-use buildings shall be permitted; provided, that it is found to be compatible with the maintenance of scenic vistas from the stream and its banks. There shall be no mining, commercial timber harvest, or construction of roads paralleling the river within the limits of any conservation easement, public use easement or public access area. Public access through new road construction, as well as landings and other structures related to recreational use of these scenic river areas shall be allowed; provided, that there is no other such access within seven (7) river miles in either direction; and(3)(A) In Class II scenic river areas, the construction and operation of sewer treatment facilities, water treatment facilities, and water harvesting projects by municipalities and public utilities within the watershed, either individually or collectively, and regional water resource projects identified by the Tennessee Duck River development agency, created by § 64-1-601, and the Tennessee Valley authority in their regional water supply plans and studies, are permitted; provided, that any such use must be in accordance with rules promulgated by the commissioner of environment and conservation.(B) The commissioner is authorized to promulgate rules to effectuate the purposes of this subdivision (a)(3). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.(b)(1) No landfill for the disposal of solid or hazardous wastes shall be permitted within two (2) miles from the center of a Class II river on each side nor within two (2) miles of the center of such river on each side in any county which is adjacent to such Class II river, notwithstanding the fact that the river is not designated as a scenic river in such adjacent county, if the river in such adjacent county flows into the county in which such river is designated as a Class II river.(2) It is the intention of the general assembly by this subsection (b) to protect Class II rivers from possible pollution due to the proximity of landfills for the disposal of solid or hazardous wastes.
