11-13-108 - General rules for establishing boundaries of area Establishment of Duck River area. - Tennessee Statutes

11-13-108. General rules for establishing boundaries of area Establishment of Duck River area.

(a)  The commissioner of environment and conservation shall, 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. Establishment of these boundaries shall be determined by the river classification as follows:

     (1)  For a Class I river (the gorge and swamp rivers), the boundary shall be established in such a way that it includes at least the entire scenic vista from the river and its banks. In the case of gorge rivers, the boundaries shall be no more than three thousand feet (3,000¢) from the center of the river on each side. In the case of swamp rivers, the boundaries shall be no more than one thousand feet (1,000¢) from the center of the river on each side; and

     (2)  For Class II or Class III rivers area, the boundary shall include the vista from the river and shall be no more than four hundred fifty feet (450¢) from the usual banks of the river on each side.

(b)  (1)  For the establishment of boundaries on the new scenic river created by § 11-13-104, a segment of the Duck River, the commissioner of environment and conservation shall engage in a new program of cooperative effort with landowners. As soon as practicable, the commissioner shall engage in a program of outreach and education of the property owners in the area of this river segment and the local community to explain the program and the environmental and economic benefits it affords. The commissioner shall then, using sound discretion and considering all relevant circumstances, establish a perpetual boundary of the scenic river area associated with the river or river segment. If the proposed boundary of the scenic river area includes private property, the state shall obtain the notarized consent of the private landowner before establishing the boundary.

     (2)  No later than July 31, 2005, the commissioner of environment and conservation shall submit a report to the chairs of the senate environment, conservation, and tourism committee and the house conservation and environment committee on this cooperative effort. The report shall include a description of the outreach and educational efforts of the department, a description of the areas for which landowner consent for scenic river boundaries was obtained, a description of the areas for which scenic river boundaries were established or are in the process of being established for the river, and recommendations for or against expanding this program of cooperative effort to all scenic rivers and any suggested modifications. Until this section is amended to the contrary, the department shall only establish boundaries on this river based upon the consent of the owner of any affected private lands.

[Acts 1968, ch. 540, § 9; 1970, ch. 437, § 1; 1976, ch. 462, § 1; T.C.A., § 11-1408; Acts 2001, ch. 232, § 2.]