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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) A county or municipality, by resolution of its legislative body, may request the department of transportation conduct a highway traffic noise study for residential properties located along the sound propagation path of a state highway, including a state highway that is part of the interstate and national defense highway system, if:
(1) A tree zone has been removed, cut, or cleared behind the residential properties for purposes unrelated to construction of a state highway or physical alteration of an existing state highway; and
(2) There is no existing shielding or noise barrier.
(b) If the department approves the request to conduct a highway traffic noise study pursuant to subsection (a), then the department shall submit to the requesting county or municipality an invoice of the actual cost to conduct the study. The study must not be conducted until the cost is paid to the department by the requesting county or municipality.
(c) As used in this section:
(1) “Noise barrier” means a physical obstruction that is constructed between a state highway and residential properties that lowers the highway traffic noise level, including stand-alone noise walls, noise berms, whether earth or other material, or a combination of such berm and wall systems;
(2) “Shielding” means a man-made or natural structure or barrier that provides an auditory barrier between residential properties and a state highway, including the top of a cut or an intervening hill; and
(3) “Tree zone” means a region of woods and undergrowth or several rows of trees that are sufficiently dense to completely or substantially block the view along the sound propagation path of a state highway.
Cite this article: FindLaw.com - Tennessee Code Title 54. Highways, Bridges and Ferries § 54-1-137 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-54-highways-bridges-and-ferries/tn-code-sect-54-1-137/
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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