Tenn. Comp. R. & Regs. 0400-02-08-.28 - SPECIAL USE OF AREAS

(1) A person wishing to engage in research or educational activities in a natural area not otherwise permitted by these rules or in the management plan for the natural area shall secure a permit from the Commissioner. If the activities are to be carried on by a group, a special use permit may be issued to the group leader who shall be responsible for the actions of the group.

(a) Educational Permits.

1. This permit shall provide adequate information about the applicant and his or her educational activities, including:

(i) The name, address, position, professional qualifications, and general field of interest of the applicant; and

(ii) A description of the educational activities including:

(I) The objective, methods, and procedures to be followed;

(II) Records to be kept;

(III) Duration of the project;

(IV) Areas to be visited;

(V) Frequency and length of visits; and

(VI) Detailed description of disturbances to be made.

2. Educational permits shall be required in Natural Environment Zone 1 and other areas that may be designated in the management plan. (See Rule 0400-02-08.25)

(b) Scientific Research and Collecting Permits.

1. This permit shall provide adequate information about the applicant and his or her research activities, including:

(i) The name, address, position, professional qualifications, and general field of interest of the applicant; and

(ii) A description of the activities, including:

(I) The objective, methods, and procedures to be followed;

(II) Records to be kept;

(III) Duration of the project;

(IV) Areas to be visited;

(V) Frequency and length of visits; and

(VI) Detailed description of disturbances to be made.

2. Scientific Research and Collecting permits may be issued to an individual or individuals for the purpose of collection of biological, geological, or archaeological materials in natural areas. Permits shall be issued on the basis that the applicant agrees to adhere to these rules concerning natural areas.

3. Applicants who are granted permission to conduct research or collect in natural areas must submit written yearly reports of their research to the Commissioner after the application is approved. The collection data must be available to the public at all times for the purpose of scientific research and to be made part of the natural area's management plan.

4. The application must specify information concerning the species or objects to be taken, numbers of species, method of taking, and disposition of specimens. A Scientific Research and Collecting permit shall be required for activities conducted in any part of a natural area. Any permit that may be required by another agency must be obtained prior to research or collecting in natural areas.

5. Specimens collected for curation shall be deposited in a publicly accessible institution.

(c) Fire Permits.

A permit for the use of fire in a natural area shall be required for areas designated by the management plan as Natural Environment Zones 1 and 2. In Natural Environmental Zones 3 and 4 a fire permit is not necessary but shall be restricted to designated areas.

(d) Unmanned Aircraft System Permits.

All flights of unmanned aircraft systems (UAS) in a natural area shall be conducted and permitted according to the requirements outlined in Rule 0400-02-02-.33. For natural areas without a full-time manager, the Program Administrator shall serve as the manager for purposes of UAS operations in those natural areas.

(2) General Information Concerning Permits.

(a) A permit shall be valid for no longer than one year but may be renewed if a completed request for renewal on the form required by the Commissioner is received prior to the expiration of a permit. If no request for renewal is received prior to the expiration of an existing permit, then the permit holder shall file an application for a new permit.

(b) The Commissioner may modify, suspend, revoke, refuse to issue, or refuse to renew a permit at any time. Reasons for such action include, but are not limited to:

1. Violation of any rule, law, term or condition of a permit, or order of the Department or Commissioner;

2. Violation of the terms or conditions of any current or previously-issued permit issued by the Commissioner;

3. Allowing the activity under the permit will create an unreasonable threat to a natural area or the health or safety of the public;

4. The permit holder does not intend to comply with, or cannot comply with, any terms, conditions, or requirements of the permit, including compliance with all required laws and rules; or

5. Issuance, renewal, or continuation of the permit is not in the best interest of any natural area.

(c) A person holding a permit shall report to the manager as required by the permit. Required reporting may include, but not be limited to, reporting before commencing and/or upon completing permitted activities.

(3) For the purposes of this rule, unless context otherwise requires, "permit" means an Educational permit, a Scientific Research and Collecting permit, or a Fire permit issued pursuant to this rule. A permit issued under this rule only constitutes temporary, terminable permission to engage in the permitted activity and is not intended to create any ongoing right to engage in any activity.

(4) The Commissioner may, prior to the issuance or renewal of any permit, require a permit applicant to pay (in the form of a credit card, cash, certified check, or money order made payable to the Department) an amount determined by the Commissioner to be the reasonable anticipated costs sufficient to cover costs incurred by the Department in processing the permit application and overseeing the permitted activity as determined by the specific facts and circumstances of that permit. Upon request, the Commissioner shall provide a written breakdown of the anticipated costs. Nothing in this paragraph shall require the Commissioner to charge any costs for the issuance or renewal of a permit if the Commissioner determines that the permit may be issued and overseen without substantial cost to the Department.

Notes

Tenn. Comp. R. & Regs. 0400-02-08-.28

Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective 4/11/2021.

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.