Bill extending scenic river protections to most of Duck, Buffalo Rivers moves forward

Legislation enshrining scenic river protections for treasured Middle Tennessee waterways is moving forward after lawmakers rejected a change that would have removed a clause barring landfills within two miles of scenic rivers.

The bill, sponsored by Rep. Pat Marsh, a Shelbyville Republican, would designate portions of the Duck River, the Buffalo River and other creeks as Class II pastoral waterways. The classification allows agriculture and traditional rural uses to continue, but comes with protections against mining, commercial timber harvest and landfill uses. Private landowners along the rivers have the option to participate in protections to preserve the land’s natural state.

Gov. Lee signs order to conserve Duck River, a ‘scenic treasure’ at risk

The bill has seen a groundswell of support from conservationists and residents surrounding the Duck River, which is the sole water source for multiple Middle Tennessee counties and is among the most biodiverse freshwater rivers in North America. 

This bill would classify nearly the entire Duck River as a Class II waterway, except for a portion containing the Normandy Reservoir, which is managed by the Tennessee Valley Authority.

Portions of the Duck River were classified as Class II waterways in 2023 amid efforts to protect the river from planned landfills and waste processing sites on a plot of land once owned by the Monsanto Chemical Company. 

The provision prohibiting solid and hazardous waste disposal within two miles measured from the center of a scenic river has been part of the Scenic Rivers act since 1990.

The state Senate passed its version of the bill, sponsored by Springfield Republican Sen. Kerry Roberts, in February. Marsh’s bill faces another vote in the House agriculture and natural resources committee before it moves to the floor for a final vote.

While the bill moved swiftly through the Senate, Rep. Chris Todd, a Madison County Republican, brought an amendment Wednesday that would have removed the landfill provision, which he said runs afoul of constitutional property rights.

End in sight for lawsuit over rejection of proposed landfill near Duck River

Todd proposed a bill last year that would similarly nullify the landfill prohibition rule, but withdrew it soon after.

On Wednesday, Todd referred to an ongoing lawsuit over the planned landfill on the Monsanto property, warning of costs to the state. 

Remedial Holdings, a subsidiary of Louisiana-based Trinity Business Group, sued the Marshall/Maury Municipal Solid Waste Planning Region Board in 2023, arguing the board rejected its landfill application without proper deliberation. The business’ main arguments in this case do not focus on the Scenic Rivers Act, which was signed into law by Gov. Bill Lee a few days after the board voted the project down.

Davidson County Chancellor I’Ashea L. Myles is expected to rule on the case soon. Myles can uphold the board’s decision, reverse it or send the application back to the board for a new vote.

“This, to me, is not about landfills at all. It’s about property rights, and circumventing those rights by putting this blanket law over them that (was) never supposed to be used for that,” Todd said.

“I’m … looking out for the landowners around the river that want to protect their river, protect their way of life,” Marsh answered.

Todd’s amendment failed in a House subcommittee, 3-6. 

The committee approved the unamended bill with a 7-2 vote, with Todd and Rep. Rusty Grills voting against.