Tennessee Code 11-4-807 – Free use of timber from state forests – Designated free-use areas – Notice – State immunity from liability

(a) As used in this section, “free-use area” means an area where residents of this state may remove downed and dead timber from a state forest, without cost, for their own personal use as firewood for home heating and cooking; provided, that none of the firewood is offered for sale.

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Terms Used In Tennessee Code 11-4-807

Commissioner: means the commissioner of agriculture. See Tennessee Code 11-4-103
Department: means the department of agriculture. See Tennessee Code 11-4-103
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Property: includes both personal and real property. 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
State forester: means the director of the division of forestry. See Tennessee Code 11-4-103

(b) The state forester must designate portions or all of each state forest as free-use areas where such designation is compatible with the comprehensive state forest system plan prepared under § 11-4-802.

(c) Removing downed and dead timber in designated free-use areas shall be in accordance with rules promulgated by the state forester and approved by the commissioner to prevent fires, minimize damage to live trees and other resources, and to avoid confusion and safety risks among users.

(d) The state forester must publish notice of any designation made under subsection (b) on the department‘s website in a manner approved by the commissioner.

(e) This state and its officers and employees shall not be liable to any person for any personal injury, property damage, or death sustained or caused by an individual while removing downed and dead timber in a designated free-use area unless conduct of the state or a state officer or employee that directly caused the personal injury, property damage, or death was intentional tortious conduct or an act or omission constituting gross negligence.

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Tennessee Code 11-4-807 – Free use of timber from state forests – Designated free-use areas – Notice – State immunity from liability

Terms Used In Tennessee Code 11-4-807

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