54-1-128 - Borrow excavations Exemption of certain road work construction from local and regional zoning and planning regulations. - Tennessee Statutes

54-1-128. Borrow excavations Exemption of certain road work construction from local and regional zoning and planning regulations.

(a)  For purposes of this section, “borrow material” or “borrow excavation” is as defined in the Tennessee department of transportation, bureau of highways, standard specifications for road and bridge construction, March 1981, as amended.

(b)  (1)  No local or regional zoning and planning regulations regarding the area from which borrow material is obtained shall apply to road work construction projects for construction work performed under a contract entered into with the state; provided, that the borrow pit from which the material is obtained:

          (A)  Is temporary, and the use of the pit does not exceed the completion date of the state project;

          (B)  Meets all storm water runoff requirements;

          (C)  Meets the requirements of the federal Clean Water Act and the federal Water Pollution Control Act, compiled in 33 U.S.C. § 1251, et seq.;

          (D)  Has a reclamation plan approved by the municipality or county in which the project is located; provided, that if a proposed reclamation plan is not approved within thirty (30) days after it is filed with the appropriate county or municipal officer by the operator of the borrow excavation, then the operator may begin work pending plan approval;

          (E)  Is not located on a street or road currently operating below level of service “C,” or is located on a street or road that would be reduced below level of service “C” by traffic generated by the borrow site operation; and

          (F)  In all other ways meets the requirements of the state contract governing the section of road where the borrow material is to be used.

     (2)  The borrow material shall not be used for any other purpose.

(c)  Local governments may require surety that affected streets and roads will be restored to their original condition.

(d)  Reclamation of the borrow pit shall be completed before final acceptance of the project.

[Acts 1993, ch. 79, § 1; 1994, ch. 714, § 1.]