Tennessee Administrative Code

Permits for propagating, collecting and selling designated pest plants may be granted by the commissioner under a compliance agreement for research and propagative purposes, as long as the plants are safeguarded from being sold, offered for sale, or released within Tennessee. Pes…

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(1) The destructive pathogen known as Sudden Oak Death, ramorum blight/dieback, Phytophthora ramorum has been intercepted in Tennessee and found established in other states. This pest can be extremely injurious to Tennessee forests and certain kinds of nursery stock; therefore, i…

(1) Bark chips: Bark fragments broken or shredded from a log or tree. (2) Commissioner: Means the Commissioner of Tennessee Department of Agriculture or the Commissioner’s duly authorized agents. (3) Certificate: A document in which an inspector or person operating under a compli…

(1) The following are regulated articles, and may be moved intrastate from a quarantined area only if accompanied by a certificate issued in accordance with the regulations in this subpart: June, 2016 (Revised) 2 RULES AND REGULATIONS GOVERNING QUARANTINE OF CHAPTER 0080-06-26 SU…

(1) Except as otherwise provided in paragraph (2) of this section, the Commissioner will list as a quarantined area in paragraph (3) of this section each County, or each portion of a County, in which Phytophthora ramorum has been found by an inspector, in which the Commissioner h…

RESTRICTED ARTICLES FROM QUARANTINED AREAS. Regulated articles and restricted articles may be moved intrastate from a quarantined area only if moved in accordance with this section. Requirements under all other applicable State and Federal domestic plant quarantines and regulatio…

(1) An inspector may issue a certificate for the intrastate movement of regulated articles if an inspector determines that: (a) The regulated articles have been treated under the direction of an inspector in accordance with 0080-06-26-.10 of this subpart; or (b) The regulated art…

(1) Any person engaged in growing, processing, handling, or moving regulated articles other than nursery stock may enter into a compliance agreement when an inspector determines that the person understands this subpart, agrees to comply with its provisions, and agrees to comply w…

(1) Any person (other than a person authorized to issue certificates under 0080-06-26-.06(2) of this subpart) who desires to move a regulated article intrastate accompanied by a certificate must notify an inspector as far in advance of the desired intrastate movement as possible,…

(1) A certificate required for the intrastate movement of a regulated article must, at all times during the intrastate movement, be: (a) Attached to the outside of the container containing the regulated article; or (b) Attached to the regulated article itself if not in a containe…

The following methods may be used to treat the regulated articles listed for Phytophthora ramorum: (1) Soil must be heated to a temperature of at least 180° F for 30 minutes in the presence of an inspector. (2) Wreaths, garlands, and greenery of Alleghany = Willowood Viburnum (Vi…

(1) Annual nursery inspection and sampling. To meet the requirements of 0080-06-26.06 (1)(d) of this subpart, nurseries that ship regulated articles of nursery stock intrastate must be inspected for symptoms of Phytophthora ramorum annually in accordance with this section. (a) If…

Any person, firm, or corporation who shall violate any of the provisions of this quarantine shall be deemed guilty of a misdemeanor as provided in T.C.A. Section 43-6-112 of the Plant Pest Act, and shall be liable to the penalties as prescribed therein as well as applicable civil…

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Tennessee State Forests belong to the people of the State of Tennessee and are for the use of the public. All visitors are welcome. To prevent the abuse and misuse of the privileges, natural resources and facilities provided, the following rules and regulations governing public u…

(1) “Commissioner” means the commissioner of agriculture; (2) “Department” means the department of agriculture; (3) “District Forester” means the official in charge of a Forestry District or their representative; (4) “Division” means the division of forestry within the department…

(1) The cutting, removal, gathering, planting, destruction or damaging of any natural resource is prohibited in any state forest without the written authorization of the district forester or under the district forester's supervision. (2) The collection of plants, rocks, minerals,…

(1) The district forester can restrict camping in any state forest, including the locations and the times camping is allowed. The district forester shall impose emergency restrictions whenever in the opinion of the district forester, conditions in an area normally open to the pub…

(1) The district forester shall establish a reasonable schedule of visiting hours for all portions of a state forest area. (2) The district forester shall temporarily close or restrict the public use of roads, trails and any or all portion of a state forest when necessary for the…

(1) The district forester shall designate areas for use by certain types of transportation. Unauthorized off road travel by any means of transportation is prohibited. (2) Riders of saddle and pack animals are: (a) Allowed only on those trails or routes designated for their use, u…

(1) Engaging in a business or commercial solicitation of any kind within a State Forest is prohibited without a written permit from the District Forester or a fully executed contract with the Department of Agriculture, Forestry Division.

(1) Public meetings, assemblies, gatherings, demonstrations, and other events are permitted within state forests on lands that are open to the general public provided a permit has been issued by the District Forester. (2) Any application for such a permit shall set forth the name…

(1) Abandoning vehicles or other personal property is prohibited in a State Forest. Leaving any vehicle or other personal property unattended for longer than 24 hours, without prior permission from the District Forester, constitutes abandonment. The District Forester may impound …

(1) Disorderly conduct, as defined in T.C.A. § 39-17-305 and vandalism as defined in T.C.A. § 39-14-408 are prohibited in a State Forest.

(1) Violation of these rules may be a misdemeanor and punishable under the general law relating to misdemeanors. (2) The district forester can call upon any law enforcement officer or agencies and state departments and agencies for assistance in enforcing these rules and regulati…

(1) The district forester shall designate a “free use area” for each state forest where Tennessee residents may remove downed and dead timber from a state forest, without cost, for their own personal use as firewood for home heating and cooking, provided that none of the firewood…

Division - Refers to the Department of Agriculture, Division of Forestry.

The purpose of these rules is to create criteria to govern the use of lookout tower sites and other Department of Agriculture, Division of Forestry land for communication systems and to establish a system of fees for this use.

The Department of Agriculture, Division of Forestry will evaluate all requests for antenna space based upon the following criteria: (1) Security - An analysis of the measures necessary to protect the antennas and systems from theft, vandalism, etc. and of the increase in danger t…

The Division, upon request, may authorize the use of lookout tower sites and other Division land for communication systems upon the following conditions: (1) Requests may be made by any entity, including an individual, corporation, limited liability company, partnership, sole pro…

(1) Class A installation includes attaching antennas to lookout towers, or other existing towers with various radio equipment attached to cross arms, platforms, or other parts of existing towers. (2) Class B installation includes attaching antennas to lookout tower or other exist…

(1) Federal, local, county governments, or other state agencies. (2) Semi-governmental Agencies. (3) Private Groups other than Radio or Television. (4) Radio or Television Stations.

(1) The user of a Division of Forestry site for the installation of a communication system must pay an annual fee in advance. (2) Fees will be based on the category of user and category of installation. (3) If more than one user uses the same improvements, the owner must pay the …

These rules establish the criteria and procedures for the issuance of open-air burning permits or burn bans as provided at Tennessee Code Annotated Section 39-14-306 and shall be known and cited as the “Tennessee Open-Air Burning-Permit Rules.”