Rules & Regulations of the State of Tennessee
Title 0080 - Department of Agriculture
Subtitle 0080-07 - Forestry
Chapter 0080-07-03 - Forestry Best Management Practices
Section 0080-07-03-.01 - IDENTIFICATION OF FORESTRY BEST MANAGEMENT PRACTICES (BMP) - GENERAL

Universal Citation: TN Comp Rules and Regs 0080-07-03-.01

Current through September 24, 2024

(1) General

(a) Purpose, Scope and Applicability.

This Rule Chapter specifies forestry best management practices (BMPs) -pursuant to TCA 69-3-103(35) and TCA11-4-301(d)(18). These are applicable to forestry activities as defined by TCA69-3-103(38), i.e., harvesting of timber and construction of roads and trails. Although no law mandates the use of BMPs, if an operator fails or refuses to implement these BMPs and water pollution results, the Commissioner of the Department of Environment and Conservation may issue a stop work order. These are practices that, if implemented properly, would prevent, limit, or eliminate water pollution that might be associated with the harvesting of timber including road and trail construction. BMPs are intended to prevent water pollution that might result from sediment, mechanical and chemical intrusion, or other activity that would adversely impact the aquatic resource. The potential for forestry activities to pollute streams is significantly influenced by factors such as time of year, topography, soil type, vegetative cover, logging technology, and the duration and intensity of rainfall events. Some judgement is, therefore, necessary to relate the choice and installation of BMPs relative to those factors. The following rules provide flexibility in the choice and application of BMPs for purposes of assuring that silvicultural activities do not result in pollution of waters of the State. Guidance and specifications are contained in respective publications of the Department of Agriculture.

(b) Use of Number and Gender-As Used in these Rules:
1. Words in the masculine gender also include the feminine and neuter genders; and

2. Words in the singular include the plural; and

3. Words in the plural include the singular.

(c) Rule Structure - These Rules are organized, numbered, and referenced according to the following outline form:
(1) paragraph
(a) subparagraph
1. part
(i) subpart
(I) item
I. subitem
A. section
(A) subsection

(2) Definitions

When used in this Rule the following terms have the meanings given below unless otherwise specified:

(a) "Broad-based dip" means a feature constructed into a forest roadbed for achieving effective drainage.

(b) "Culvert" means a conduit through which surface water can flow under roads.

(c) "Log deck/landing," means an area to which logs are skidded to an on-site mill or collected for loading onto trucks for transport out of the woods.

(d) "Outsloping" means a method of rapidly draining road surfaces by tilting the road surface toward the downhill side at the rate of 1/4 inch per foot of road width or a 2 to 3 percent outslope.

(e) "Pole ford" means a method of fording soft-bottomed streams by placing poles (small logs) across the stream bottom.

(f) "Sediment control structures" means natural materials, terrain features, or man-made structures that trap and hold sediment. Such structures include straw bale fencing, silt fencing, brush barriers, and sediment traps. Sediment control structures should be installed where necessary to slow the flow of runoff and to trap sediment until vegetation is established on the sediment source. The structures must be maintained, cleaned or replaced until areas of exposed soil are stabilized. Sediment control structures should not be installed in stream channels.

(g) "Sensitive areas" means site specific natural or topographic features of consequence to an aquatic resource including but not limited to fragile soils, wetlands, sink holes, seeps, springs and heads of springs, landslides, old gully systems, and known locations of officially listed threatened or endangered aquatic species. Activity that disturbs or disrupts such areas and promotes potential water pollution should be avoided. Activity is not necessarily excluded from these areas, however, caution and judgment must be used when these areas are encountered.

(h) "Skid trail" means a path established by multiple passes used by harvesting equipment to transport logs or trees from the stump to a landing or log deck.

(i) "Streamside management zone (SMZ)" means a designated area that consists of the stream and an adjacent area of varying width where management practices that might impact water quality are modified or restricted. SMZs are typically areas where qualified activities are closely managed rather than areas of total activity exclusion.

(j) "Water bar" means a structure constructed into a temporary road or skid trail to achieve effective drainage.

(k) "Wing ditch" means a water turnout or diversion ditch constructed to move and disperse water away from a road and side ditches into adjacent undisturbed areas so that the volume and velocity of water is reduced on the road surface.

Authority: T.C.A. §§ 11-4-301 et seq. and Public Chapter 680 of the Acts of 2000.

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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