(a) In order to prevent the obstruction or restriction of the flow of water along, across or under any highway on the state highway system, the impounding of water upon or within the highway, the damaging in any way or manner of the highway, or the interference with or creation of any damage or hazard to public travel, the commissioner is authorized and directed to make reasonable and proper rules and regulations governing the construction of entrances into highways in the state on the state highway system.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 54-5-301

  • Commissioner: means the commissioner of transportation. See Tennessee Code 54-5-103
  • Department: means the department of transportation. See Tennessee Code 54-5-103
  • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) Notwithstanding any law to the contrary, the construction of an unauthorized entrance onto a highway in the state highway system is an offense punishable as a Class B misdemeanor, punishable by a fine only of five hundred dollars ($500). If the entrance violates any rule or regulation of the department, the owner of the entrance shall have thirty (30) days to comply with all applicable rules and regulations. The department may impose a penalty of one hundred dollars ($100) for failure to comply with all applicable rules and regulations within thirty (30) days. Each day an entrance is in violation of this subsection (b) after the thirty-day period shall be considered a separate offense. The owner of an unauthorized entrance shall be civilly liable for any injuries proximately caused by the entrance.
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