Title 54, Highways, Bridges And Ferries

(a) There is authorized to be established a system of specific service signs within the rights-of-way of highways on the interstate system and on adjoining public roads in the vicinity of the highways for the purpose of advising the traveling public of specific business establish…

(a) The department has the authority to provide for the construction and administration of specific service signs. (b) The department may enter into contracts for construction of specific service signs, the contracts to be subject to §§ 54-5-113 — 54-5-127.

(a) (1) Except as provided in this section, the department shall enter into contracts for the administration of specific service signs. The department may, however, carry out the administration of specific service signs to provide continuity of the program in the case of default …

(a) This section only applies to businesses that have participated in the specific service sign program for ten (10) years or more. (b) Where more than six (6) businesses of a specific service type are eligible for sign panels at the same interchange or intersection approach, the…

Notwithstanding any law or this part to the contrary, all contracts entered into by the state pursuant to this part shall be awarded to Tennessee-based business enterprises.

No lease payments, royalty payments, or funds of any type received by the state pursuant to this part shall be used for the purchase of nonconforming billboards or used as payment for the taking or removal of nonconforming billboards.

This part shall not in any manner affect the authorization or regulation of outdoor advertising as set forth in this code.

The commissioner shall promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the construction and administration of specific service signs.

(a) The state is liable for and shall be held to pay, through its department of transportation and as other highway expenses are paid, for all rights-of-way and damages and costs incident to the acquisition and use of rights-of-way, whether by condemnation suits or otherwise as p…

(a) Those food service businesses qualified under this program as of July 1, 2001, and that continue thereafter to be qualified and pay all fees required, shall not be replaced by any business that becomes qualified after July 1, 2001. (b) Notwithstanding subsection (a), if the d…

(a) Subject to the prior approval of the federal highway administration, the department is directed to incorporate the use of “RV friendly” markers on specific service signs for business establishments that cater to the needs of persons driving recreational vehicles. A business e…

No county is to have entered into an agreement to cooperate with the department upon any state or state and federal aid highway project unless the agreement is first authorized by resolution of the county legislative body regularly adopted upon and after submittal to that body by…

All contracts under which any highway funds are to be expended shall be in writing duly signed by the commissioner.

(a) The department, before making contracts on its own behalf, or when acting as an agent, shall advertise for bids at least two (2) weeks prior to the date set for receiving bids by publishing a written notice on the department's internet website. The department may advertise fo…

The bids must be accompanied by proper bonds or guaranty that proper bond will be executed.

Sealed bids shall be opened in the presence of the bidders and public generally by the commissioner, or an authorized agent of the department, and the bidder making the best and most advantageous offer shall be awarded the contract by the department within thirty (30) days, upon …

Notwithstanding § 54-5-116, the bidder making the bid accepted shall be responsible and qualified under the laws of the state and under any valid rule or regulation of the commissioner; provided, that the commissioner is empowered to make reasonable rules and regulations the comm…

Any and all bids may be rejected, in the discretion of the commissioner, and they shall be rejected if the best bid is not deemed reasonable and fair to the state.

(a) All contractors with whom contracts are made by the department shall enter into good and solvent surety bond in an amount fixed by the department, conditioned that acceptance or service of process upon the commissioner shall be service on them as their agent duly authorized t…

The contract shall provide that the work executed under the contract shall be subject to the inspection, approval, and acceptance of the commissioner acting on oath and under bond.

This part shall be known and may be cited as the “Bicentennial Beautification Act of 1993.”

(1) It is the intent of the general assembly to:(1) Develop a permanent roadside landscaping program within the department of transportation with emphasis on wildflower preservation and propagation;(2) Beautify the state's roadways and enhance the aesthetics of the state's highwa…

(a) The department of transportation shall continue the wildflower program. (b) (1) The department shall plant in each of the four (4) regions of the state not less than twenty-four (24) acres of wildflowers along the highway system and at appropriate interchanges that are heavil…

(a) It is the intent of the general assembly to encourage business groups, civic organizations, garden clubs, and individuals to assist, on a volunteer basis, in planting and maintaining Tennessee native wildflowers, other native plants, and other plants along the highway system …

The department is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this part.

The acres that are planted pursuant to this part shall be in addition to acres already planted and under cultivation. The acres planted as of July 1, 1993, shall be maintained and continued and shall be included in the required report.

The department is authorized to install and erect appropriate signs, other than tourist-oriented directional signs, along a state highway for the Doe Mountain recreation area. Such signs must be authorized by the Manual on Uniform Traffic Control Devices.

(1) The department may close a project after the following have occurred:(1) The department shall provide thirty (30) days notice in some newspaper published in the county where the work is done, if there is a newspaper published there, and if not, in a newspaper in an adjoining …

(a) From the three and one-half percent (3 ½%) retained on any contract executed prior to August 2005, that is being closed and to the extent the funds are due the contractor, the department shall withhold from the contractor a sum sufficient to pay all claims, of which notice is…

(a) All civil actions against contractors brought by any claimant shall make the commissioner a defendant to the action by issuance of process from the county where the civil action was filed to the county of the defendant, and they shall be brought in the county where the main o…

(a) The petition shall be signed by the commissioner, or by the attorney for the department for the commissioner; and upon the filing of the petition accompanied by payment, the suit shall be dismissed as to the commissioner as a matter of right, the sum paid into court as to the…

(a) Where suit is brought by any claimant or claimants before a judge of the court of general sessions, the voucher or warrant shall be payable to the order of the judge before whom the suit is pending, but no judge shall endorse or have cashed the voucher or warrant until the di…

(a) Upon final disposition of any case where suit is brought by a claimant or claimants, the court making final order and determination shall direct to be paid, and the judge of the court of general sessions or clerk shall pay, the sum or sums paid into court by the commissioner …

(a) Where satisfactory bids cannot be secured, or where, in the judgment of the department, it is more feasible to execute any work by prison labor or free labor, authority is given the department to use prison labor, either state or county, or free labor, and to purchase equipme…

If any county, county commission or road board, district, city, town, person or corporation desires immediately to improve any section of the state highway system as designated and established by the commissioner, the commissioner may enter into an agreement with the county, coun…

The commissioner has the power, within reasonable discretion, to require of any county where a road or roads are to be built to contribute its fair proportion of the funds necessary to construct the highway, but in no case more than fifty percent (50%) shall be required.

(a) (1) The department of transportation is authorized to conduct a tourist oriented directional signs program, referred to as TODS, within the right-of-way of state highways by either the entry into administrative service and construction contracts or by the administration of th…

(a) In all respects, the erection of TODS shall comply with:(1) The Manual on Uniform Traffic Control Devices;(2) Local zoning and local zoning authorities; and(3) All laws and regulations for scenic highways, in accordance with chapter 17, part 1 of this title, and scenic parkwa…

The department of transportation shall promulgate necessary rules to accomplish the effect and intent of this part. The rules shall define eligible users of TODS; establish an application process for obtaining a TODS sign; provide for the department to charge fees to cover the co…

With respect to a TODS sign, the department shall not enter into a contract for the procurement of signs or other goods or for contracts for services unless the contract is objectively and competitively bid, pursuant to former § 12-3-102(a)(8). The department shall not use the re…

The department of transportation shall develop and maintain an inventory of TODS signs located within state highway rights-of-way, including signs erected by the department or any other person or entity, and indicating whether the signs are located within, or outside, the corpora…

(a) Notwithstanding any law, rule or regulation to the contrary, when there are two (2) or more competing applications for inclusion on a particular TODS sign assembly the department shall award installation on the TODS sign assembly to the business from which the department firs…

(a) State highway projects funded totally from state appropriations shall be subject to public hearings only in the following instances:(1) The commissioner determines that the public interest would be served if a public hearing was held; or(2) The commissioner determines that th…

(a) Notwithstanding any law to the contrary, a guide sign must be erected on or along an interstate highway or at an interchange for an exposition center:(1) That has at least seventy thousand square feet (70,000 sq. ft.), but no more than ninety thousand square feet (90,000 sq. …

The commissioner shall adequately eradicate or control, or both, by chemical or other means, noxious weeds growing on state highway rights-of-way whenever areas adjacent to the rights-of-way are determined by the commissioner of agriculture, in accordance with § 43-1-106, to be r…

(a) (1) Residents of the state who derive a significant portion of their annual income by farming may petition the department for permission to cut and bale hay along the rights-of-way of interstate highways located within the state, and other controlled access highway facilities…