Rules & Regulations of the State of Tennessee Title 0485 - Doe Mountain Recreation Authority
I. Creation and Legal Status of the Doe Mountain Recreation Authority
The Doe Mountain Recreation Authority (DMRA) was created by an act of the Tennessee General Assembly as a public body corporate and politic, meaning it is a governmental entity rather than a private organization. Its purpose is to manage, operate, and regulate recreational lands at Doe Mountain in Carter County, Tennessee.
Legally, the DMRA functions as a public instrumentality of the State of Tennessee, exercising powers delegated by statute. This status gives the Authority regulatory power over land use, recreation, safety, and public access within the Doe Mountain Recreation Area.
II. Structure of Title 0485
Title 0485 of the Tennessee Rules and Regulations contains one chapter:
Chapter 0485-01-01 – General Rules
This chapter establishes the operational rules governing all activities, users, and management decisions within the Doe Mountain Recreation Area.
III. Rule-by-Rule Explanation
1. Purpose of the Rules (0485-01-01-.01)
This rule declares that the regulations exist to:
Carry out the statutory duties of the Authority
Protect public safety
Preserve natural and recreational resources
Ensure orderly and fair public use of the land
The Authority is granted discretion to balance recreation, conservation, and public safety. Courts generally defer to administrative agencies on such matters unless actions are arbitrary or exceed statutory authority.
2. Applicability and Scope (0485-01-01-.02)
These rules apply to:
All land owned, leased, or controlled by the DMRA
Every person who enters or uses the recreation area
Use of the land is considered a conditional privilege, not an absolute right. Entry implies consent to follow posted rules, regulations, and policies.
3. Incorporation of Other State Rules (0485-01-01-.03)
This provision incorporates relevant Tennessee environmental and recreational regulations unless they conflict with DMRA-specific rules.
Legally, this avoids duplication and ensures statewide standards—such as conservation and environmental protection—apply consistently within the recreation area.
4. Hours of Operation (0485-01-01-.04)
The Authority may establish operating hours, typically daylight hours unless otherwise posted.
Remaining on the property outside authorized hours may constitute trespass or a regulatory violation, even if entry was lawful earlier in the day.
5. Hunting and Weapons (0485-01-01-.05)
Hunting
Hunting is permitted only when expressly authorized by the Authority.
All state hunting laws, seasons, licensing, and safety regulations apply.
The Authority may restrict or prohibit hunting to protect users or resources.
Weapons
Firearms and other weapons are allowed only to the extent permitted by Tennessee law and DMRA regulations.
The Authority may impose location-specific or activity-specific restrictions.
This rule reflects the principle that public land managers may regulate weapon use for safety without violating constitutional rights, so long as regulations are reasonable and authorized by law.
6. Off-Highway Vehicles (OHVs) (0485-01-01-.06)
This is one of the most significant sections of Title 0485.
Covered Vehicles
ATVs
UTVs / side-by-sides
Dirt bikes
Other off-road motorized vehicles
Key Requirements
Vehicles must remain on designated trails or roads
Operators must comply with age, helmet, and supervision requirements
Reckless operation is prohibited
Harassment of wildlife or other users is prohibited
Vehicles must meet safety and equipment standards
The Authority may impose stricter safety rules than general state law due to terrain and risk conditions.
7. User Agreements and Fees (0485-01-01-.07)
The Authority may require:
Entry fees
Vehicle permits
Signed waivers or user agreements
These agreements are legally enforceable as conditions of use. Failure to comply can result in denial of access or removal from the property.
8. Commercial Activities (0485-01-01-.08)
Commercial activity is prohibited unless express written permission is granted by the Authority.
This includes:
Guiding services
Advertising
Sales
Organized events for profit
Courts consistently uphold restrictions on commercial use of public recreation lands to protect public access and prevent exploitation.
9. Violations and Enforcement (0485-01-01-.09)
Violations may result in:
Removal from the recreation area
Suspension or revocation of privileges
Administrative penalties
Referral for civil or criminal enforcement under Tennessee law
The Authority has discretion in enforcement, subject to due process requirements.
IV. Case Law Interpreting the Doe Mountain Recreation Authority
Reece v. Doe Mountain Recreation Authority (Federal Court)
A federal court addressed the legal status of the DMRA in an employment-related lawsuit. The court held:
DMRA is an arm of the State of Tennessee
It qualifies for sovereign immunity under the Eleventh Amendment
It cannot be sued for damages in federal court without the State’s consent
Legal Significance
Confirms DMRA’s status as a state governmental entity
Reinforces the authority and enforceability of its regulations
Limits certain types of lawsuits against the Authority
While the case did not directly interpret hunting or OHV rules, it confirms that DMRA regulations carry state-level authority, not merely local or private rules.
V. Attorney General Interpretation
The Tennessee Attorney General has opined that:
DMRA has exclusive land management authority over Doe Mountain
Other agencies may enforce general laws, but they do not override DMRA’s regulatory control
The Authority’s rules govern land use unless inconsistent with state statute
Attorney General opinions, while not binding law, are given substantial weight by courts.
VI. Legal Principles Supporting Title 0485
Courts generally apply these principles when reviewing DMRA regulations:
Administrative deference: Agencies may regulate within statutory authority
Police power: Public safety and conservation justify reasonable restrictions
Conditional access: Use of public recreational land may be regulated
Sovereign immunity: Limits lawsuits against the Authority
VII. Summary
Title 0485 establishes enforceable rules governing the Doe Mountain Recreation Area, including:
Public safety
Environmental protection
Hunting and weapon use
Off-highway vehicle operation
Commercial restrictions
Enforcement mechanisms
Courts and legal authorities recognize the DMRA as a state governmental entity with broad regulatory power. Its rules are legally binding on all users of the recreation area and are supported by statutory authority and judicial interpretation.
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