§ 54-5-134 — Cutting hay along controlled access highway right-of-way

(a) (1) Residents of the state who derive a significant portion of their annual income by farming may petition the department for permission to cut and bale hay along the rights-of-way of interstate highways located within the state, and other controlled access highway facilities located within the state, whether totally or partially controlled; provided, that the hay is to be used for personal farming purposes and may not be sold. (2) The commissioner is authorized to grant permission upon individual request. (b) (1) In order to promote the safety of motorists and persons engaged in cutting and baling activity, the commissioner shall promulgate rules and regulations regarding the granting of permission and the performance of the cutting and baling activity. (2) These rules and regulations shall include: (A) Restrictions on the hours and days during which cutting and baling activity may be performed; (B) Restrictions on the areas in which cutting and baling activity may be performed; and (C) Any other reasonable measures designed to minimize the possibility of traffic mishaps resulting from cutting, baling, and hauling of the hay. (c) The commissioner shall require that any individual granted a cutting permit possess, during the cutting and baling operation, minimum liability insurance in the amount of fifty thousand dollars ($50,000) for bodily injury or death to any one (1) person in a single accident, plus one hundred thousand dollars ($100,000) for bodily injury or death to two (2) or more persons in a single accident, plus ten thousand dollars ($10,000) for injury to or destruction of property in a single accident. (d) No fee relative to petitioning for permission or engaging in the cutting and baling activity shall be charged.

Legislative History

Acts 1978, ch. 653, § 1; T.C.A., § 54-585; Acts 1988, ch. 615, § 1.