Tennessee § 54-1-126 - Responsibility for maintenance of public roads, streets, highways or bridges.

§ 54-1-126. Responsibility for maintenance of public roads, streets, highways or bridges.

The department of transportation is responsible for the maintenance of only those public roads, streets, highways or bridges and similar structures that are designated by the department as being on the state system of highways or the state system of interstate highways. The department shall enter into a written contract with each city, county, or metropolitan government before undertaking any work or providing any funds for work with respect to public roads, streets, highways or bridges and similar structures within their boundaries, other than those designated by the department as being on the state system of highways or the state interstate system of highways. These contracts shall include a provision that the city, county or metropolitan government is solely responsible for all maintenance of the completed work. The contract shall not be valid in the absence of the maintenance provision. The department of transportation is responsible for maintenance of public roads and bridges within the boundaries of parks, as defined by § 11-3-101, administered by the department of environment and conservation, as follows: Maintenance work undertaken by the department of transportation shall be limited to the following items as necessary to maintain the roadway: Resurfacing and repair of the travel lanes and shoulders; Repair and cleaning of drainage structures; Repair of bridges and abutments; Repair of retaining walls and tunnels; and Replacement or repair of traffic control devices installed in accordance with the Manual on Uniform Traffic Control Devices, including regulatory and warning signs and pavement markings; Maintenance of the public roadway rights-of-way, including mowing and litter removal, as well as maintenance of golf cart paths, greenways, trails, parking lots, driveways, restricted access service roads, and any similar facilities shall remain the responsibility of the department of environment and conservation. The department of transportation may perform any of this maintenance work on behalf of the department of environment and conservation in accordance with an interagency agreement; provided, that the agreement shall require the department of transportation to be reimbursed for the cost of performing the work; In coordination with the department of environment and conservation, the department of transportation shall develop and maintain an inventory of public roads and bridges within each state park that are eligible for maintenance by the department of transportation under this subsection (c) and shall develop a program to prioritize maintenance needs. The department may enter into a written agreement with the department of environment and conservation related to such maintenance work; The department of transportation is authorized to use state highway funds, established in chapter 2, part 1 of this title, to fund the maintenance work authorized in this subsection (c), in accordance with normal budget procedures; and The department of transportation may enter into agreements with the counties or municipalities in which the state park is located to perform maintenance work on public roads within state parks, and the department may use state highway funds to reimburse the counties or municipalities for the costs of performing such maintenance work. Acts 1991, ch. 133, §§ 1, 2; 2017, ch. 425, § 1. Amendments. The 2017 amendment added (c). Effective Dates. Acts 2017, ch. 425, § 5. July 1, 2017. Cross-References. Negligence concerning planning, construction and maintenance of public roads, bridges, etc. in state highway systems, § 9-8-307 . Attorney General Opinions. Neither the Department of Transportation nor any other agency of state or local government has express authority to grant a citizen permission to erect a cross or similar memorial upon a right-of-way of a state or interstate highway, but the Department does have authority to remove and dispose of crosses and similar memorials, that have been erected or placed upon the right-of-way of a state or interstate highway, OAG 05-016 (2/03/05).