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Current as of January 02, 2024 | Updated by Findlaw Staff
As used in this chapter, unless the context otherwise requires:
(1) “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;
(2) “Free flowing” means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence, however, of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the state scenic rivers system shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the state scenic rivers system;
(3) “Public access area” means an area adjoining the river acquired by the state in fee simple;
(4) “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;
(B) Is restricted to the area defined in the easement deed; and
(C) Grants a right of public use but prohibits camping;
(5) “River” means a flowing body of water or a section, portion or tributary thereof, including rivers, streams, creeks, branches, or small lakes; and
(6) “Road” means highway, hard-surface road, improved and unimproved dirt road. The existence, however, of unimproved roads at the time any river is proposed for inclusion in the state scenic rivers system shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize, intend, or encourage future construction.
Cite this article: FindLaw.com - Tennessee Code Title 11. Natural Areas and Recreation § 11-13-102 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-11-natural-areas-and-recreation/tn-code-sect-11-13-102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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