Tennessee § 70-9-104 - Authority of director.

§ 70-9-104. Authority of director.

The director is authorized to: Establish and implement an off-highway vehicle program; In cooperation with sellers and governmental agencies, develop a voluntary off-highway vehicle education program for existing and potential owners and users; Develop guidelines on the proper land selection criteria, trail design and maintenance, and best management practices for all lands used for off-highway user purposes. In this connection, the director is authorized to develop public lands and manage for specific uses those public lands; Study, analyze, and document the impacts of off-highway motor vehicles on surrounding habitat, including habitat loss, resource damage, noise, and vehicle emissions; Acquire lands, through purchase or lease, for off-highway motor vehicle use. The director is encouraged to use property which is currently owned or leased by the state and which is appropriate for off-highway vehicle use before acquiring lands from private landowners. OHV use shall be expressly prohibited in Tennessee wildlife resources agency (TWRA) wildlife management areas or refuges used solely for hunting, fishing or other TWRA-related activities, state forests, state parks and state natural areas unless such area has been expressly approved for such use on or before May 10, 2004, except that OHV users may be allowed to access such areas if specified by rule and regulation; Develop and maintain a list of areas within the state that allow the use of off-highway motor vehicles; Enter into partnerships, contracts, and other management agreements with state, federal, and local governments and with private landowners to effectuate the purposes of this chapter; Make inspections and investigations, conduct studies and research, or take such other action as may be necessary to carry out this chapter, and rules and regulations promulgated pursuant to § 70-9-105; and Exercise general supervision over the administration and enforcement of this chapter and all rules and regulations promulgated under § 70-9-105. Acts 2004, ch. 622, § 5. Compiler's Notes. Acts 2004, ch. 622, § 10 provided that in carrying out the purposes of the act, the wildlife resources commission (now the fish and wildlife commission) shall put first and foremost the welfare of wildlife and their environment and shall not degrade nor permit degradation of the commission’s purpose and mission to protect and preserve the state’s wildlife in accordance with article XI, § 13 of the Constitution of Tennessee. Attorney General Opinions. Approval for use of recreational OHV in a state forest. OAG 11-16, 2011 Tenn. AG LEXIS 18 (2/15/11).