(a)

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Terms Used In Tennessee Code 69-11-127

  • Commissioner: means the commissioner of environment and conservation, the commissioner's duly authorized representatives, and in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 69-11-102
  • Contract: A legal written agreement that becomes binding when signed.
  • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  • Dam: means any artificial barrier, together with appurtenant works, that does or may impound or divert water, and that either:
    (A) Is or will be twenty feet (20') or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the commissioner. See Tennessee Code 69-11-102
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Owner: means any person who owns an interest in, controls, or operates a dam. See Tennessee Code 69-11-102
  • Person: means any individual, firm, association, organization, partnership, business trust corporation, company, county, municipal or quasi-municipal corporation, public utility, utility or other district, the state of Tennessee and its departments, divisions, institutions, and agencies, and the duly authorized officers, agents, and representatives thereof, or any combination of any of the above. See Tennessee Code 69-11-102
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. 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
(1) The commissioner of environment and conservation shall provide to the county mayor of each county of the state an inventory of the existing dams located in such county. The county mayor shall provide such information to any agency of the county or of local governments within the county that requires the issuance of a building permit prior to either the initiation of construction of a structure or facility, or the alteration of an existing structure or facility.
(2) The executive officer of the local government shall be responsible for providing such inventory to the agency of such local government responsible for the issuance of building permits, if such local government requires the issuance of a building permit prior to the initiation of construction of a structure or facility or the alteration of an existing structure or facility.
(b)

(1) When application is made to a local government described in subsection (a), or the appropriate agency of the local government, for a building permit to construct a structure or facility or to alter an existing structure or facility, the local government, or appropriate agency of the local government, shall notify the applicant if the proposed structure or facility or alteration of an existing structure or facility is located downstream of an existing dam.
(2) Prior to issuing a building permit to construct any proposed structure or facility or to alter any existing structure or facility located downstream from an existing dam, the local government, or appropriate agency of the local government, shall inform the applicant that the proposed construction or alteration could potentially be affected by the failure of such dam and thus the hazard category of such dam may be reclassified.
(3) The applicant shall inform the real property owner in accordance with subdivision (b)(2) as follows:

(A) If the applicant and the fee simple owner are one and the same person and the applicant is constructing a proposed structure or facility or altering any existing structure or facility for the purpose of sale, then the applicant shall provide the information mandated by this subsection (b) to the initial purchaser of the real property;
(B) If the applicant is not the fee simple owner of the real property and has entered into a contract with the fee simple owner to construct a structure or facility or to alter any existing structure or facility, then the applicant shall provide the information mandated by this subsection (b) to the fee simple owner of such real property; provided that, if the structure or facility is being constructed or altered for the purpose of sale or resale, then the fee simple owner shall provide the information mandated by this subsection (b) to the initial purchaser of the real property.
(4) The applicant shall inform the real property owner in accordance with subdivision (b)(2) as follows:

(A) If the applicant and the fee simple owner are one and the same person and the applicant is constructing a proposed structure or facility or altering any existing structure or facility, then the applicant shall provide the information mandated by this subsection (b) to the initial purchaser of the real property;
(B) If the applicant is not the fee simple owner of the real property and has entered into a contract with the fee simple owner to construct a structure or facility or to alter any existing structure or facility, then the applicant shall provide the information mandated by this subsection (b) to the fee simple owner of such real property; provided that, if the structure or facility is being constructed or altered for the purpose of sale or resale, then the fee simple owner shall provide the information mandated by this subsection (b) to the initial purchaser of the real property.
(5) The department shall determine whether the proposed construction or alteration will result in the reclassification of the hazard category of such dam or in the classification of such dam, if the dam has not previously been classified. Using analysis methods acceptable to the commissioner, anyone building downstream of a dam such that the construction may raise the hazard potential category of the dam will have to submit to the commissioner a dam failure analysis by an engineer with the qualifications listed in § 69-11-106(b) showing the areas inundated by the failure.
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