Title 69, Waters, Waterways, Drains And Levees

(a) No boat shall come any closer than fifty feet (50′) to any divers-down flag and shall treat the area within two hundred feet (200′) of a divers-down flag as a no wake zone. (b) This section shall not apply to a boat used as a diver station, diver support, or diver supply boat…

(a) The international code flag Alpha shall be used in the manner set out in § 69-9-402 by boats sending air or other gases to a diver through an air hose. Such use shall be in addition to any other coast guard approved use of this flag. (b) The divers-down flag shall not be used…

In the event that this part is inconsistent with the international rules of navigation, the international rules of navigation shall govern the inconsistency, but the other provisions of this part shall remain in force.

As used in this part, “personal watercraft” means a mechanically propelled vessel that is designed to be operated by a person sitting, standing or kneeling on the vessel rather than being operated in a conventional manner by a person sitting, standing, or kneeling inside the vess…

A person may not operate a personal watercraft on the waters of Tennessee unless each person aboard the vessel, or being towed by the vessel, is wearing a United States coast guard (USCG) approved Type I, II, III, or V personal flotation device in accordance with the USCG approva…

(a) A person operating a personal watercraft on the waters of Tennessee shall have a lanyard type engine cutoff switch and must attach the lanyard to the person, clothing, or personal flotation device as is appropriate. (b) Subsection (a) shall not apply to a person operating a p…

(a) A personal watercraft shall at all times be operated on the waters of Tennessee in a reasonable and prudent manner. Maneuvers that endanger life, limb, or property, or create a public nuisance shall constitute reckless operation of a vessel as provided in § 69-9-216(a) and sh…

It is unlawful for any person under twelve (12) years of age to operate a personal watercraft upon the waters of Tennessee unless such person is under the direct supervision of an adult. “Direct supervision” means being in such proximity with the operator so as to be able to take…

No person under sixteen (16) years of age may rent or attempt to hire, lease, or rent a personal watercraft. It shall be illegal for any marina, livery, or rental operation to hire, lease, or rent a personal watercraft to any person under sixteen (16) years of age. Further, no ma…

(a) No person shall utilize a personal watercraft to tow a person or persons on water skis or other water sport devices unless the personal watercraft has an observer on board, at least twelve (12) years of age, who can constantly observe the person or persons being towed, or it …

(a) It is unlawful for the owner of any personal watercraft or any person having charge of or control of a personal watercraft to authorize or knowingly permit these to be operated on the waters of this state by a person in violation of this part. (b) This part does not apply to …

(1) As used in this chapter, unless the context otherwise requires:(1) “Board” means the board of ground water management;(2) “Commissioner” means the commissioner of environment and conservation, the commissioner's duly authorized representative and, in the event of the commissi…

(a) It is unlawful for any well to be drilled or closed except by licensed individuals. In order to obtain a water well, a monitoring well or a geothermal well driller's license, an individual shall file with the commissioner, on or before July 31 of each year, an application for…

(a) It is unlawful, and a violation of this chapter, for any person to drill a water well or geothermal well within this state, unless the following provisions are complied with:(1) The driller of such well shall be licensed as provided in § 69-10-102;(2) The driller shall, at al…

(a) It shall be unlawful to operate or install any equipment in the drilling of geothermal, water or monitoring wells unless a licensed individual, or an operator designated by the licensee, supervises the activity. (b) It shall be unlawful to install any pumps or water treatment…

(a) A license or operator card may be refused, or a license or operator card duly issued may be suspended or revoked, or the renewal of the license or operator card refused by the commissioner, upon a finding that the applicant or holder:(1) Intentionally made a material misstate…

(1) The commissioner has the power to:(1) Promulgate rules and regulations as the commissioner deems reasonable and necessary to effectuate the purposes of this chapter. Such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, …

(a) (1) Effective July 1, 2025, the board is vacated and reconstituted in accordance with this subsection (a).(2) In order to advise and assist the commissioner in the preparation of rules, there is created and established an advisory board to be known as the board of ground wate…

All funds received by the commissioner under this chapter, together with any interest earned on the funds, shall be deposited into a separate account in the environmental protection fund created by § 68-203-101.

(a) (1) Whenever the commissioner has reason to believe that a violation of this chapter or regulations pursuant to this chapter has occurred, is occurring, or is about to occur, the commissioner may cause a written complaint to be delivered to the alleged violator or violators. …

No water well or geothermal well shall be drilled unless the well owner or the well driller, on behalf of the well owner, has previously notified the commissioner of the intent to drill a well in the manner prescribed by the commissioner. The notice of intent to drill shall inclu…

(a) Any municipality that has adopted home rule under the Constitution of Tennessee, Article XI, § 9, or any county operating under a county charter form of government, may enact, by ordinance or resolution respectively, enforceable requirements not less stringent than the standa…

This chapter is known and may be cited as the “Safe Dams Act of 1973.”

(1) As used in this chapter, unless the context requires otherwise:(1) “Alterations,” or “repairs,” or either of them, means only such alterations or repairs that may affect the safety of the dam or reservoir, as determined by the commissioner;(2) “Commissioner” means the commiss…

(a) The commissioner shall exercise the authority and power to:(1) Administer and enforce this chapter and all rules and regulations and orders promulgated under this chapter;(2) Conduct or obtain investigations, research, experiments, training programs and demonstrations, and co…

On and after July 1, 1973, no person shall construct, enlarge, repair, alter, remove, maintain, or operate a dam in this state without first obtaining from the commissioner a certificate of approval and safety.

(a) In order to obtain a certificate of approval and safety, the owner of each dam shall file with the commissioner, on a form to be made available by the commissioner, the following information:(1) The name under which the person is doing business in Tennessee;(2) The legal addr…

Nothing in this chapter shall be construed to require multiple applications for certificates of approval by each owner of a dam where there are multiple owners of the dam, if all owners are listed in the application filed by any one (1) of them.

Whenever legal title to a dam, for which a certificate of approval has been issued, is modified to create real property interests, including leasehold interests, in persons not listed on the application for the certificate, the owner of the dam shall make application for a new ce…

The commissioner shall give notice to file to owners who have failed to make application as required by §§ 69-11-105 — 69-11-109, and failure to so file within thirty (30) days after such notice has been given shall be a violation of this chapter.

(a) The commissioner shall examine the applications for a certificate of approval and cause an on-the-ground inspection to be made of the existing or proposed dam or reservoir and downstream floodplain. The commissioner shall then, within sixty (60) days of the receipt of the com…

(1) In deciding whether or not to grant a certificate of approval, the commissioner shall take into account all pertinent facts, data, and conditions relative to the proposed action, but shall not grant any certificate unless the following conditions have been met:(1) The commiss…

(a) In granting a certificate of approval, the commissioner may impose such conditions relating to the inspection, operation, maintenance, alteration, repair, use, or control of a dam or reservoir as the commissioner determines are necessary for the protection of public health, s…

Certificates of approval shall be for a definite period of time, not to exceed five (5) years, as determined by the commissioner and stated on the certificate. In determining the period of approval, the commissioner may take account of any circumstances pertinent to the situation…

The commissioner may modify a certificate of approval or the conditions attached to it. Such modification shall become effective ninety (90) days following issuance by the commissioner of a revised certificate, except when the commissioner finds that a state of emergency exists, …

The public safety and welfare requiring it, the commissioner shall conduct a program of regular inspections of dams, reservoirs, and downstream floodplains within the state. The frequency of such inspections shall be as determined by the commissioner, who may establish different …

(a) (1) The commissioner shall establish reasonable fees for the following:(A) The review of plans and examinations of all applications for certificates of approval for new dam and reservoir construction. A schedule for project review fees not to exceed the amount stated in § 68-…

(a) Whenever the commissioner determines that any person to whom a certificate of approval has been issued has failed to comply with the conditions in the certificate, or whenever the commissioner determines that life or property are or may be endangered by the failure or incapac…

(a) Except as provided in § 69-11-117 regarding emergency situations, any person aggrieved by any order, determination, regulation, or ruling of the commissioner may, within sixty (60) days of the effective date of such order, determination, regulation, or ruling, make applicatio…

(a) When there is reason to believe that a person is violating, is about to violate, or has violated any of this chapter or any certificates or orders issued under this chapter, the commissioner may institute proceedings in the chancery court of Davidson County or the county in w…

(a) Any person who violates or fails to comply with any provision of this chapter, any order of the commissioner issued pursuant to this chapter or any rule, regulation, or standard adopted pursuant to this chapter shall be subject to a civil penalty of not less than fifty dollar…

It is the duty of the district attorneys general in the various districts throughout the state, or the attorney general and reporter, upon the request of the commissioner, to bring an action for the recovery of the penalties provided for in § 69-11-121 and to bring an action for …

Any person who willfully and knowingly falsifies any records, information, plans, specifications, or other data required by the commissioner or who willfully fails, neglects, or refuses to comply with any of this chapter commits a Class C misdemeanor. No process by warrant, prese…

(a) Nothing in this chapter shall be construed to relieve the owner or owners of a dam or reservoir of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam or reservoir. (b) Nothing in this chapter shall abrogate the right of any person …

(a) Except as provided in subsection (b), no municipality, county, nor any group of counties, or other person, shall regulate, supervise, or provide for the regulation or supervision of any dams or reservoirs within their jurisdictions, including the construction, maintenance, op…

(a) (1) The commissioner of environment and conservation shall provide to the county mayor of each county of the state an inventory of the existing dams located in such county. The county mayor shall provide such information to any agency of the county or of local governments wit…