11-13-111 - Land uses permitted.
11-13-111. Land uses permitted.
(a) Land uses to be allowed within the exterior boundaries of a scenic river area shall depend upon the classification of such an area, as follows:
(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; and
(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.
(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 the provisions of this subsection to protect Class II rivers from possible pollution due to the proximity of landfills for the disposal of solid or hazardous wastes.
[Acts 1968, ch. 540, § 12; 1972, ch. 686, § 6; T.C.A., § 11-1411; Acts 1981, ch. 361, § 12; 1990, ch. 1077, § 1.]