Caves, waterfalls, minerals and one-of-a-kind buildings

In 2009, TWRA reported more than 9,200 documented caves in Tennessee, more than any other state ^[1]. Damaging cave formations, disturbing cave life or artifacts, or tampering with a cave gate without the owner's permission is an offense punished as theft ^[2]. The federally endangered gray bat uses Tennessee caves year-round ^[3]. White-nose syndrome, a fungal disease of hibernating bats, has been found in 52 of the 78 Tennessee counties that have caves ^[4]. Poorly designed cave gates can block bats or change a cave's airflow, so gating is a specialist's job ^[5]. Tennessee's recreational use statute lists caving among the activities where a landowner's duty is limited. The exceptions include gross negligence and willful conduct ^[6][7]. A seller must disclose a known sinkhole before contract, even if it isn't on the plat ^[8]. Carbonate rock underlies most of Middle Tennessee ^[9]. Before you build or site a septic field on karst, call a geologist who knows it.

Tennessee follows riparian water law. Owners of land along water may make reasonable use of it without interfering with their neighbors' rights ^[10]. Altering a stream, river, lake or wetland generally requires a TDEC Aquatic Resource Alteration Permit. The application fee for a personal residence or family farm is $50 ^[11], and general permits cover common projects such as minor creek crossings and bank repair ^[12]. The Tennessee Safe Dams Act covers dams at least 20 feet high or holding at least 30 acre-feet. Farm ponds not open to the public are exempt from that program, though other permits may apply ^[13]. Tennessee's scenic rivers system includes the Duck River, and Blackburn Fork, Roaring River and Spring Creek in Jackson County ^[14]. The State owns the beds of navigable waters, and navigability is a question of fact, so public passage on a given creek is a question for an attorney ^[15]. Along the Tennessee River system, docks and shoreline work need TVA Section 26a approval, and a new owner of land with a permitted dock or other facility must notify TVA within 60 days of buying ^[16]. On J. Percy Priest Lake the Army Corps prohibits private docks. On Old Hickory Lake, private docks are allowed only in certain areas, by permit ^[17]. Check the FEMA flood map on any water frontage ^[18].

TDEC's Oil and Gas Program permits and inspects oil and gas wells. Drilling, deepening or reopening a well requires a permit ^[19]. TDEC's map viewer searches permitted wells by address ^[20]. Before drilling, the operator must notify surface owners by certified mail, and the owner has 15 working days to discuss locations or request a hearing ^[21]. Tennessee's surface owner compensation law requires operators to pay for crop loss, water supply damage and loss in land value ^[22], with claims due within three years ^[23]. Dry or low-producing wells must be plugged within a year, and a state fund can plug unbonded wells ^[19][24]. A severed mineral interest that goes unused for 20 years with no statement of claim recorded can lapse to the surface owner through a court process ^[25]. Tennessee's production is concentrated in the north central counties and on the Cumberland Plateau ^[26]. A state surface mining permit covers clay, stone, phosphate rock and metallic ore. Limestone, and sand and gravel outside Shelby and Davidson counties, fall outside that permit, but every mine needs a water discharge permit ^[27]. On any of this, order a title examination that searches specifically for severed oil, gas and mineral rights.

Greenbelt forest land needs at least 15 acres, and the Comptroller says it needs a forest management plan. Rollback recaptures three years of savings if the use changes ^[28]. The Tennessee Division of Forestry doesn't appraise timber or negotiate sales; it recommends a consulting forester ^[29]. Tennessee sets no legal standards for consulting foresters, so check professional memberships and use a written contract ^[30].

National Register listing doesn't restrict what a private owner does with private funds. A local historic overlay, where one exists, can regulate exterior changes ^[31]. Tennessee has more than 2,000 National Register listings, administered by the Tennessee Historical Commission ^[32]. The 20 percent federal historic tax credit applies to income-producing certified historic buildings, not private homes ^[33]. Turning a church, schoolhouse, barn, silo or mill into a home or an event space is a change of occupancy, with new code requirements. Where the city or county doesn't enforce its own codes, an event space for 300 or more people needs State Fire Marshal plan review ^[34].

• Event venues and wedding barns: Tennessee's agritourism law limits liability for inherent farm risks when the warning sign is posted at the entrance and each activity site, in one-inch letters ^[35]. The law doesn't name weddings ^[36], and county zoning still applies.
• Vineyards: a Tennessee farm wine permit requires at least 95 percent of the wine to come from produce grown on the producer's own farm ^[37].
• Campgrounds: an organized camp needs a state health permit ^[38].
• Airstrips: a private landing area generally needs FAA Form 7480-1 filed at least 90 days before construction ^[39].