54-17-114 - Designated scenic highways Designated urban roads not to be impaired.

54-17-114. Designated scenic highways Designated urban roads not to be impaired.

(a)  For the purposes of this part, the following are initially designated scenic highways:

     (1)  Class I Urban Roads. 

          (A)  That portion of Kingston Pike bearing the designation of State Highway 1 and United States Highway 11-70 in Knox County from its intersection with Concord Street and Neyland Drive in the City of Knoxville westward to the intersection of Kingston Pike with Lyons View Drive;

          (B)  That portion of Lyons View Drive from its intersection with Kingston Pike, westward to its intersection with Northshore Drive;

          (C)  That portion of United States Highway 70 South (West End Avenue) in Nashville from one hundred feet (100¢) west of Elmington Avenue westward to its intersection with Ensworth Avenue;

          (D)  All of Cherokee Boulevard located in the city of Knoxville;

          (E)  Two Rivers Parkway in Davidson County;

          (F)  Those portions of State Highway 100 in Davidson County from its intersection with Cheekwood Terrace south to its intersection with the Harpeth River and from its intersection with McCrory Lane south to its intersection with the South Harpeth River, and all of State Highway 251 in Davidson County, and that portion of State Highway 254 (Old Hickory Boulevard) from its intersection with State Highway 100 east to its intersection with Granny White Pike;

          (G)  South Knoxville Boulevard between the relocated Sevier Avenue and Chapman Highway in Knoxville;

          (H)  That segment of United States Highway 41 (Cummings Highway) in Hamilton County, beginning at the underpass at the current entrance to the Chattem property in St. Elmo, where that route is also designated as South Broad Street, running westward around the foot of Lookout Mountain to the railroad overpass on the east side of the Tiftonia business district;

          (I)  That segment of State Route 169 (Middlebrook Road) in Knox County from that route's intersection with Weisgarber Road in the city of Knoxville westward to its terminus at that route's intersection with Hardin Valley Road, but excluding any part of that segment of Route 169 that has property fronting on the route that is zoned on April 16, 1996, with the commercial designation of CA, CB or C3, or the industrial designation of I or I-3 under the Knox County or city of Knoxville zoning ordinances;

          (J)  That segment of State Route 385 (Nonconnah Parkway) in Shelby County from its intersection with United States Highway 72 to Interstate 240, but excluding any part of the segment of Route 385 that has property fronting on the route that is zoned on June 13, 1997, with the commercial designation of CL, CH or CP or the industrial designation of IL or IH under the Shelby County or city of Memphis zoning ordinances; and

          (K)  All of State Route 475, Knoxville Parkway, a proposed project connecting I-40 / I-75 southwest of Knoxville to I-75 north of Knoxville, in Knox, Anderson and Loudon counties.

     (2)  Class II Rural Roads. 

          (A)  The portion of United States Highway 41 from its intersection with Interstate Highway 24 in Hamilton County westward through the Tennessee River Gorge, Jasper and on to the junction of that highway with State Highway 27 at Kimball (Marion County) and south along State Highway 27 to Interstate 24;

          (B)  That portion of State Highway 66 from the French Broad River to Interstate 40, in Sevier County, except for the first two thousand one hundred fifty feet (2,150¢) north of state bridge number 78-66-4.95 toward Interstate 40 in the north-bound lane only;

          (C)  That portion of the Pellissippi Parkway (State Highway 162) in Knox County from its intersection with Interstate 40, to Melton Hill Lake;

          (D)  The John Sevier Highway, in Knox County, from the Alcoa Highway (United States Highway 129) to the Chapman Highway (United States Highway 411/441);

          (E)  That portion of Northshore Drive in Knox County from its intersection with Lyons View Drive and Westland Drive west to Loudon County; provided, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along Northshore Drive within Knox County that is now or, subsequent to April 22, 2005, zoned “TC-1 (Town Center)”, or zoned C-6 from the east right-of-way line of Keller Bend Road at Northshore to the east right-of-way line of Pellissippi Parkway, or any similar zoning category, under the zoning ordinances of the city of Knoxville;

          (F)  That portion of United States Highway 70 North beginning east of Cookeville at the Falling Water Bridge and extending approximately five (5) miles toward Monterey through the Dry Valley Community and ending at the Sand Springs Community;

          (G)  That portion of State Highway 73 from the city of Maryville to the city of Townsend;

          (H)  That portion of Westland Drive in Knoxville from its intersection with Northshore Drive to its intersection with Northshore Drive at the western end;

          (I)  All of United States Highway 411 in Blount County and that portion of United States Highway 411 in Sevier County from the Blount County boundary to the intersection of United States Highway 411 with the Chapman Highway (United States Highway 441);

          (J)  That portion of new State Highway 95 in Loudon and Blount counties from the Fort Loudon Dam to its intersection with United States Highway 129 at Morganton Road;

          (K)  That portion of United States Highway 129 in Blount County, known as the 129 Bypass, from its intersection with State Highway 73 and Hall Road in the city of Alcoa to its intersection with United States Highway 411 in the city of Maryville;

          (L)  All of Lyons Bend Road in Knox County;

          (M)  That portion of Pittman Center Road from the intersection of Pittman Center Road with State Highway 73 East to the intersection of Pittman Center Road with United States Highway 411, east of Sevierville, but excluding those portions of Pittman Center Road that are within the boundaries, as of January 1, 1982, of incorporated municipalities;

          (N)  That portion of United States Highway 321 from the intersection of United States Highway 321 with Interstate 40 in Loudon County through Blount and Sevier counties to the intersection of United States Highway 321 with Interstate 40 in Cocke County, but excluding those portions of United States Highway 321 that are within the boundaries, as of January 1, 1982, of incorporated municipalities;

          (O)  Hardin Valley Road in Knox County;

          (P)  That portion of State Highway 58 in Hamilton County from the city limits of Chattanooga, as of July 1, 1987, to the Hamilton County boundary;

          (Q)  That portion of Pellissippi Parkway (State Highway 162) that has been or will be constructed in Blount and Knox Counties after January 1, 1987; provided, that the height restrictions on buildings imposed by § 54-17-115 and sign restrictions referred to in § 54-17-109 that are applicable to § 54-17-109(1) and (10) shall not apply to that property along the Pellissippi Parkway within Knox County that is located between Kingston Pike and Interstate 75/40, all of which shall be regulated by the zoning ordinances and regulations of the appropriate county or municipal government; and provided further, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along the Pellissippi Parkway within Knox County that is now or, subsequent to April 22, 2005, zoned “TC-1 (Town Center)”, or any similar zoning category, under the zoning ordinances of the city of Knoxville; and provided, further, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along Pellissippi Parkway within the corporate limits of the city of Alcoa, that is now or hereafter zoned for planned commercial zones or any similar zoning category under the zoning ordinances of the city of Alcoa;

          (R)  All of the Natchez Trace Parkway, except for those portions within the boundaries of incorporated municipalities;

          (S)  All of the Foothills Parkway, except for those portions within the boundaries of incorporated municipalities;

          (T)  That portion of Alcoa Highway from the intersection of Alcoa Highway and Kingston Pike in Knox County to the intersection of Alcoa Highway and Singleton Station Road in Blount County; provided, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along Alcoa Highway being situated in District 9 in Knox County and Ward 24 of the City of Knoxville and being more particularly bounded and described as Tract 1, the University of Tennessee Medical Center, at the intersection of Alcoa Highway and Cherokee Trail, and regulated by the zoning ordinances and regulations of the City of Knoxville;

          (U)  The 9.141 mile segment of the Charles H. Coolidge Medal of Honor Highway beginning with its intersection with Signal Mountain Road to State Route 153;

          (V)  The 9.33 mile segment of the Bill Carter Causeway beginning with its intersection with State Route 153 to north of Soddy Lake in Soddy-Daisy;

          (W)  That portion of Highway 70 South from Murfreesboro to Woodbury;

          (X)  All of United States Highway 27/State Route 29 in Rhea County;

          (Y)  That portion of United States Highway 411 in Sevier County from the city limits of Sevierville to the Jefferson County boundary;

          (Z)  That portion of United States Highway 411 in Sevier County from its intersection with United States Highway 441 at Newell Station west to the Blount County boundary;

          (AA)  That segment of state route 416 in Sevier County from its intersection with United States Highway 411 to its intersection with United States Highway 321;

          (BB)  That portion of State Highway 70 in Hawkins and Hancock counties from the intersection of State Highway 94 at Alumwell to the intersection of State Highway 33 at Kyles Ford, eleven and three tenths (11.3) miles;

          (CC)  All of the highway known as The Trace located in Land Between the Lakes National Recreational Area in Stewart County; and

          (DD)  That portion of United States Highway 441 (Newfound Gap Road) in Sevier County from the city limits of the city of Gatlinburg to the Tennessee-North Carolina state line.

(b)  No state or local governmental entity, agency or department shall take any action that undermines the scenic and historical qualities of roads designated as scenic highways under subdivision (a)(1).

[Acts 1971, ch. 431, § 15; 1973, ch. 9, § 2; 1975, ch. 19, § 1; 1975, ch. 151, § 1; 1977, ch. 7, § 1; 1978, ch. 586, §§ 1, 2; 1979, ch. 40, § 1; 1979, ch. 98, § 1; modified; T.C.A., § 54-2514; Acts 1980, ch. 477, §§ 1, 2; 1980, ch. 679, § 1; 1980, ch. 700, § 1; 1980, ch. 902, §§ 1, 2; 1981, ch. 193, §§ 1-5; 1981, ch. 331, § 1; 1982, ch. 625, § 1; 1982, ch. 734, §§ 1-3; 1984, ch. 826, § 1; 1987, ch. 9, § 1; 1987, ch. 83, § 1; 1988, ch. 694, § 1; 1988, ch. 771, § 1; 1989, ch. 267, § 1; 1991, ch. 208, § 1; 1991, ch. 301, § 2; 1991, ch. 381, § 1; 1992, ch. 583, § 1; 1992, ch. 610, § 1; 1993, ch. 92, § 1; 1993, ch. 226, § 1; 1994, ch. 829, § 1; 1994, ch. 921, § 1; 1995, ch. 24, § 1; 1996, ch. 701, § 1; 1996, ch. 752, § 1; 1997, ch. 428, § 2; 2000, ch. 555, § 1; 2005, ch. 97, §§ 1, 2; 2006, ch. 524, § 1; 2007, ch. 431, § 1; 2008, ch. 654, § 1; 2008, ch. 671, § 1; 2009, ch. 58, § 1.]