Committee advances bill to designate stretches of Duck and other rivers as Class 2 scenic rivers after contested amendment fails

A Tennessee House Agriculture & Natural Resources subcommittee voted 7–2 to advance HB15-10, which would designate stretches of the Duck River, Buffalo River and other waterways as Class 2 (pastoral) scenic river areas under Tennessee Code Annotated Title 11, Chapter 13. Speaker Pro Tem Marsh, sponsor of the bill, told members the status would recognize and conserve river segments while allowing traditional agricultural uses and would require landowner consent where boundaries include private property.

The meeting turned contentious when Chairman Todd offered an amendment to strip the statute’s landfill prohibition from the scenic designation. Chairman Todd argued the landfill restriction “weaponizes” the Scenic Rivers Act and risks taking property rights without just compensation, warning the state could face large judgments. "We either have to have this amendment on or this bill has to die because this is taking people's property," the chairman said.

Proponents of HB15-10 disputed that framing. Speaker Pro Tem Marsh said he has not heard landowners volunteer sites for landfills and emphasized available acreage elsewhere. Doug Jones, president of the Duck River Conservancy, told the committee the river is "at a tipping point" and cited pressures including local building-permit backlogs and large industrial water users. "We need this to protect the Duck River," Jones said during his testimony.

TDEC technical staff told the committee the agency samples the Duck River on a five-year cycle and has identified some impaired segments for parameters including low dissolved oxygen and elevated E. coli; staff noted the Columbia Wastewater Treatment Plant has had permit limit violations but is under expansion with state-supported funding. TDEC’s deputy general counsel and legislative director explained that, in practice, the Scenic Rivers Act most affects landfill siting and that other statutory steps (Jackson Law, Part 8 regional solid-waste review and local zoning) also shape landfill approvals.

Members debated the legal and practical implications; Chairman Todd and supporters cited constitutional takings concerns and past litigation, while Marsh and several members said local constituents and large letter-writing support favor protection. The subcommittee voted down Chairman Todd’s amendment 3–6 and then approved HB15-10 as introduced by a 7–2 margin. The bill now moves to the full committee for further consideration.

The record includes multiple public witnesses supporting designation, including community volunteers, water system officials and a real estate professional who described the Duck River’s ecological and economic importance. TDEC provided technical context on impairments and the permitting layers that would interact with any scenic-river designation. The committee did not adopt changes to the bill at this hearing; next steps are consideration by the full committee.