Tenn. Comp. R. & Regs. 0080-07-02-.04

Current through December 26, 2024

Section 0080-07-02-.04 - USE OF DIVISION OF FORESTRY SITES

The Division, upon request, may authorize the use of lookout tower sites and other Division land for communication systems upon the following conditions:

(1) Requests may be made by any entity, including an individual, corporation, limited liability company, partnership, sole proprietorship, amateur radio organization, or government agency.

(2) The Division will evaluate requests on the basis of whether the use proposed by the entity will directly or indirectly benefit or assist the Division in the event of an emergency response or wildfire prevention and suppression.

(3) Authorized use is subject to applicable deed restrictions.

(4) No additional uses will be authorized at Division headquarter sites or 24 hour stations of one (1) acre or less.

(5) Permanent installation of radio equipment will only be authorized on Division structures built specifically to house communication equipment.

(6) The Division may dispose of any equipment owned by or place at site by an authorized user remaining at the site 45 days following the termination or expiration of a use agreement.

(7) In the event an authorized user fails to remove structures on Division land within 45 days of termination or expiration of use agreement, the Division may remove the structure with costs of removal to be borne by the user.

(8) An authorized user may only assign use rights to another entity upon written approval of the Division.

(9) Authorized users shall comply with all applicable federal, state, and local laws and regulations.

Tenn. Comp. R. & Regs. 0080-07-02-.04

Original rule filed August 25, 1989; effective October 9, 1989. Rule 0080-07-02-.04 has been assigned a new control number, removed, and renumbered from the amended rule 0400-08-01-.04 filed December 6, 2000; effective April 30, 2001. Amendments filed November 4, 2019; effective 2/2/2020.

Authority: T.C.A. §§ 4-3-201, et seq.; 4-3-504; 11-1-101, et seq.; 11-4-101, et seq.; 11-4-102; 11-4-301(d)(18); and 11-4-405; and Executive Order No. 41 (February 4, 1991).