SB 1590

Present law established three classes of scenic rivers. This bill adds to the list of rivers and river segments that are included in a Class II pastoral river area. Present law authorizes the commissioner of TDEC to establish the boundary for a scenic river. For a Class II area, the boundary must not exceed 450 feet from the river bank on each side. Under present law, if the commissioner of TDEC determines to establish boundaries on a certain segment of the Duck River, the commissioner is required to conduct a community outreach program. If a proposed boundary area along the Duck River includes pri vate property, the state must obtain notarized consent from the landowners prior to the establishment of boundaries. This bill applies the requirements for community outreach and notarized consent of private property owners to all new proposed scenic riv er area boundaries. Present law limits land uses allowed within the boundary of a Class II area to: (1) The continuation of present agricultural practices; (2) The construction of farm-use buildings that are compatible with the maintenance of scenic vistas from the stream and its banks; (3) The construction and operation of sewer treatment facilities, water treatment facilities, and water harvesting projects by municipalities and public utilities within the watershed, either individually or collectively, and regional water resource pro jects identified by the Tennessee Duck River development agency and the TVA in their regional water supply plans and studies; and (4) Public access through new road construction, as well as landings and other structures related to recreational use of the scenic river area; provided, that there is no other such access within seven river miles in either direction. Present law specifically prohibits mining, commercial timber harvesting, and road construction, except as described above in (4), paralleling the river within the limits of any conservation easement, public use easement, or public access area. Further, present law prohibits permitting of a landfill within two miles from the center of a Class II river on each side nor within two miles of the center of such river on each side in any county which is adjacent to such Class II river, notwithstandin g 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. Present law designates all of the Buffalo River as a Class II area, except the portion in Wayne, Perry, Humphreys and Lewis counties. This bill adds the portion of the Buffalo River in Wayne, Perry, Humphreys, and Lewis counties. Present law designates two segments of the Duck River as Class II areas, including the segment beginning at Iron Bridge Road at river mile 136.4 extending continuously to a point upstream to the boundary of Marshall County at river mile 173.7 and the seg ment beginning at Industrial Park Road approximately at river mile 128 extending continuously to a point downstream to the boundary of Hickman County at approximately river mile 98 downstream from the Natchez Trace River Bridge. This bill designates the en tirety of the Duck River as a Class II area, except that segment of the river designated by the TVA as part of Normandy Reservoir. This bill designates the following river segments as Class II scenic river areas: (1) Beaverdam Creek – That segment beginning with the confluence of Brush Fork and Piney Fork in Hickman County and ending with its confluence with the Duck River in Hickman County; (2) Lick Creek – That segment beginning with the confluence of North Fork Lick Creek and South Fork Lick Creek in Williamson County and ending with its confluence with the Duck River in Hickman County; (3) Piney River – That segment beginning with the confluence of the West Piney River and the East Piney River in Dickson County and ending with its confluence with the Duck River in Hickman County; and (4) Swan Creek – That segment beginning with the confluence of Dry Branch and Swan Creek in Hickman County and ending with its confluence with the Duck River in Hickman County.